42 U.S.C. § 1983

Section 1983 requires facts linking each defendant to the alleged deprivation; a position of authority alone does not establish liability.

Garcia-Perales v. Rivera-Schatz · filed 2019-03-31

And although Plaintiffs do describe Redondo-Santana and Figueroa-Torres' duties and functions within the OSC, Section 1983 "liability cannot rest solely on [these co-Defendants'] position[s] of authority" within that office.

Section 1983 requires evidence that a defendant’s conduct caused the alleged deprivation of a constitutional right.

Lawson v. Carney · filed 2019-04-05

The district court properly granted summary judgment on Lawson’s free exercise claim because Lawson failed to raise a genuine dispute of material fact as to whether defendants engaged in any conduct that caused a deprivation of his free exercise rights.

A Section 1983 claim against an individual defendant requires proof that the defendant personally violated the plaintiff’s constitutional rights.

Eilen v. Minneapolis Public Schools · filed 2019-04-10

To prevail on a § 1983 claim against Ward, Eilen must show that Ward personally violated her constitutional rights.

Section 1983 requires personal involvement in the alleged deprivation; supervisory status alone does not establish liability.

Leyva v. Lunford · filed 2019-04-11

Other than Plaintiffs sparse allegations in his Complaint, there is nothing in the summary judgment record to demonstrate that Sergeant Lunsford was personally involved in Plaintiff's medical care at the WCDC or that he had any direct responsibility for any alleged delay in the care Plaintiff was provided.

A § 1983 claim cannot be resolved on summary judgment for lack of a defendant’s personal involvement when the evidence leaves that involvement in dispute.

Nifas v. S. Darr and A. Weimer · filed 2019-04-18

As for the issue of whether summary judgment was proper because Nifas did not have proof establishing the individual involvement of Darr and Weimer, we note that issues of material fact remain that preclude resolution of that question at this stage. Defendants rely upon Darr’s affidavit denying her individual involvement, but Nifas contests this in his deposition; thus Defendants are not entitled to judgment as a matter of law.

Section 1983 requires a causal link between an official’s conduct and a constitutional deprivation; an official must have the ability to act on the challenged condition.

Santiago v. Rabideau · filed 2019-04-18

That is, the officer must be able to take some action. ... Nothing suggests that either Defendant had the authority to remedy the conditions in F-House. Indeed, Santiago does not address this matter at all. Accordingly, he has not demonstrated that an issue of material fact exists, and Defendants’ Rule 56 Motion for Partial Summary Judgment is granted as it concerns Wright and Franklin on the Eighth Amendment claim.

A plaintiff must raise a genuine factual dispute about a defendant’s personal participation in the alleged deprivation to sustain an individual-capacity § 1983 claim at summary judgment.

Gayler v. Hdsp · filed 2019-04-22

The district court properly granted summary judgment on Gayler’s individual capacity claims because Gayler failed to raise a genuine dispute of material fact as to whether any of the defendants personally participated in the alleged deprivations. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (elements for supervisory liability under § 1983).

Section 1983 liability requires personal involvement; failing to take corrective action in response to an inmate grievance or complaint does not establish it.

Cooper v. Woodall · filed 2019-04-24

Furthermore, a failure to take corrective action in response to an inmate grievance or complaint does not supply the necessary personal involvement for § 1983 liability.

Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation.

Gibson v. Washington State Department Of · filed 2019-04-25

The district court properly granted summary judgment on Gibson’s deliberate indifference claim against defendant Fetroe arising from the delay in Gibson’s medical treatment because Gibson failed to raise a genuine dispute of material fact as to whether Fetroe was personally involved in the delay of Gibson’s treatment.

Section 1983 requires a plaintiff to allege facts linking the defendants to a constitutional violation.

Green v. Hathaway · filed 2019-04-25

The district court properly dismissed Green’s action because Green failed to allege facts sufficient to link defendants to any constitutional violation.

Section 1983 requires allegations of wrongful conduct by the defendant; responding after an injury alone does not state a claim.

Joyce v. Shelby County Division of Corrections · filed 2019-04-25

Joyce also fails to state a claim under 42 U.S.C. § 1983 against Defendant Douglass, as there are no allegations in the complaint that his actions were wrongful.

Section 1983 requires personal involvement to hold an official individually liable for an alleged constitutional deprivation; the official’s position alone is insufficient.

Caudle v. DeKalb County Illinois · filed 2019-04-30

Plaintiff’s complaint contains no facts to support a position that defendants Campbell or Schmack had personal involvement in plaintiff’s alleged constitutional deprivation. Additionally, defendants’ positions as former State’s Attorneys for DeKalb County likewise provide no basis for liability.

Section 1983 requires a prison superintendent’s personal involvement in an alleged constitutional violation; receiving a grievance or holding a supervisory position alone is insufficient.

Ward v. Capra · filed 2019-04-30

Nor is Capra liable merely because of the supervisory nature of his position, for “mere linkage in the prison chain of command is insufficient to implicate a . . . prison superintendent in a § 1983 claim.” ... Accordingly, Plaintiff fails to state Capra’s personal involvement in the alleged constitutional violation.

Section 1983 requires a plaintiff to show how each defendant was personally involved in the alleged constitutional wrong.

Phillips v. Board of County Commissioners of Tulsa County · filed 2019-05-01

To state a constitutional claim under 42 U.S.C. § 1983, a plaintiff must demonstrate how each defendant was personally involved in the alleged wrongdoing.

Section 1983 requires an individual defendant to have played an affirmative part in the alleged wrongdoing.

Odi v. Alexander · filed 2019-05-02

It is well established that an individual defendant may not be subject to liability under Section 1983 unless that individual played an affirmative part in the alleged wrongdoing. ... Because no factual basis exists to establish the personal involvement of any of the Defendants in the alleged violations of Ms. Odi's rights, all of the Defendants are entitled to summary judgment.

Section 1983 personal liability requires facts showing a defendant’s personal involvement in the deprivation of constitutional rights.

Howard v. Whataburger · filed 2019-05-07

Here, Plaintiff has failed to allege that Defendants Tribble and White had any personal involvement in the violation of his constitutional rights.

Section 1983 requires a defendant to be personally responsible for the violation of the plaintiff’s constitutional rights.

Valiant Green v. Beth · filed 2019-05-13

But a defendant can be liable under § 1983 only when he is personally responsible for the violation of the plaintiff’s constitutional rights, including when the violation occurs at a defendant’s direction or with his knowledge or consent.

Section 1983 imposes individual liability only when a defendant’s own actions violate the Constitution.

Martz v. Simmons · filed 2019-05-14

To be held individually liable under section 1983, a defendant must, through his own actions, have violated the Constitution.

Section 1983 permits a claim against defendants whose personal participation in the alleged constitutional violation can plausibly be inferred from the complaint.

Aresaba v. Calloway · filed 2019-05-16

Liberally construed, Plaintiff’s transport to an outside hospital permits a plausible inference that Defendants White, Calloway, and the Doe Defendants were aware of Plaintiff’s condition and that they each played some role in the (1) medical decision regarding the need for treatment at an outside hospital; and (2) the logistics surrounding the actual transport.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Johnson v. Doty · filed 2019-05-16

In sum, although Plaintiff clearly alleges the personal involvement of Kitt in the alleged free exercise violation, he does not allege sufficient facts to plausibly suggest the personal involvement of Father Paul, Imam Nashid, or Doty.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged violation; denying grievances alone does not establish involvement in a prisoner’s dental treatment.

Holloway v. Honaker · filed 2019-05-16

The Court agrees with Judge Mitchell’s finding that Plaintiff has failed to allege sufficient facts in his Complaint to demonstrate that Defendants Honaker, Byrd, and Rashti “had any personal involvement in in his dental treatment or treatment decisions” beyond denial of grievances or that Defendant Knight “was deliberately indifferent to his dental well-being.” Report at 10, 12.

A § 1983 complaint must identify each individual defendant and describe what that defendant did or failed to do to violate the plaintiff’s rights.

Bey v. ACS · filed 2019-05-20

Plaintiff alleges that Defendants are violating his right to equal protection and due process, but he does not explain who the individual Defendants are what they specifically did or failed to do that violated Plaintiff’s constitutional rights.

A Section 1983 claim against an individual defendant requires that defendant’s personal involvement in the alleged deprivation of constitutional rights.

Grant v. Thomas · filed 2019-05-20

To state a Section 1983 claim, plaintiff must allege defendants’ personal involvement in an alleged deprivation of plaintiff’s constitutional rights.

A § 1983 retaliation claim requires a causal connection between each officer and the alleged retaliation; an officer may cause it by acting directly or by setting others in motion.

Flynn v. City of Santa Clara · filed 2019-05-22

To be clear, a causal connection could be shown if a police officer knew about the Flynns' speech and did something himself or herself, or if the officer knew about the Flynns' speech and had someone else take action against the Flynns. ... The Court therefore finds that dismissal of the individual officers, other than Officer Cusimano, is appropriate because of the "lumping" problem.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.

Balde v. Basso · filed 2019-05-23

“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [section] 1983.” Colon, 58 F.3d at 873 (internal quotation marks and citation omitted). There is no evidence on the record from which a reasonable fact finder could infer personal involvement of any named officer when Balde was allegedly thrown on the ground.

Section 1983 requires facts showing that each named defendant was involved in the alleged violation of the plaintiff’s constitutional rights.

Goode v. Westchester County · filed 2019-05-24

As discussed below, a § 1983 action only survives a motion to dismiss if the facts in the complaint show that the named defendants were involved in the violations of the plaintiff’s constitutional rights.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the alleged constitutional violation.

James-Bey v. N.C. Dept. of Public Safety · filed 2019-05-28

In his amended complaint, Plaintiff must allege how each individual Defendant personally participated in the alleged violations of constitutional rights.

Section 1983 requires allegations of a defendant’s personal involvement; identifying someone as a supervisor without alleging what that person did is insufficient.

Carno v. Correct Care Solutions, LLC · filed 2019-05-28

Plaintiff does not allege that he ever interacted with either of the individually named Defendants during his entire medical ordeal, or ever, and does not explicitly or implicitly allege what, if any, decisions those individuals made regarding his treatment. The Court therefore dismisses the Section 1983 claims asserted against both of them.

Section 1983 requires a defendant’s personal participation in the complained-of conduct; supervisory status alone is insufficient for liability.

Ballandby v. Precythe · filed 2019-05-28

Furthermore, supervisory status alone is insufficient to support liability under § 1983.

Section 1983 does not support a claim against an attorney based solely on representing a defendant in the suit when the attorney had no involvement in the underlying events.

Michelson v. Duncan · filed 2019-06-03

Mr. Beck is Mr. Gage’s attorney in this matter and had no alleged involvement in the underlying incidents. His involvement in this § 1983 case as Mr. Beck’s advocate is completely separate from Gage’s underlying actions and do not implicate Plaintiff’s constitutional or statutory rights.

Section 1983 requires a plaintiff to allege a defendant’s direct and personal involvement in the alleged constitutional deprivation.

DeLeon v. Sergio · filed 2019-06-03

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Defendant Dr. Sergio was personally involved in the events underlying his claims.

Section 1983 requires a plaintiff to establish the defendant’s personal participation in the alleged constitutional violation.

Hooks v. Bethany Police Department · filed 2019-06-04

To establish his § 1983 claim, Plaintiff must establish Defendant Atoki’s personal participation in an alleged violation of Plaintiff’s constitutional right, namely, the right of a pretrial detainee to be adequately protected from inmate violence.

Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional deprivation.

Doe v. City of Naperville · filed 2019-06-05

Carlson is not liable for whatever may have happened next. See, e.g., Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983) (“An individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation.”) (emphasis in original).

A § 1983 claim against an individual fails when the complaint does not adequately plead that the individual caused the alleged unlawful arrest.

Mauler v. Arlotto · filed 2019-06-06

The district court found that Mauler failed to adequately plead that Czach caused Mauler’s allegedly unlawful arrest. We agree and therefore affirm the portion of the district court’s order dismissing the claims against Czach.

A § 1983 claim against an individual defendant requires allegations of that defendant’s unlawful conduct; general allegations about a group are insufficient.

Long v. Jackson · filed 2019-06-06

Long names two Defendants in his complaint but does not allege any unlawful action taken by either of them. ... As it stands, Long’s general allegations are insufficient to state a claim against any individual Defendant.

Section 1983 requires facts showing that a supervisor maintained an unconstitutional policy to establish personal involvement on that basis.

Booker v. Griffin · filed 2019-06-07

The bare allegation that a defendant maintained a policy by which a plaintiff was deprived of his constitutional rights, without facts to show that the defendant maintained that policy, is not enough for personal involvement under § 1983.

Section 1983 allows an officer to be held personally liable for directly using excessive force or for observing it and failing to prevent it when able to do so.

Fazica v. Jordan · filed 2019-06-10

We reject Defendants’ argument and conclude that a reasonable jury could find that each of the named Defendants violated Fazica’s clearly established constitutional rights either by directly using excessive force against her or by observing others doing so and failing to act.

Section 1983 requires a defendant to be personally involved in or causally connected to the alleged constitutional violation.

Davis v. Turner · filed 2019-06-10

Davis has not demonstrated that Defendant Knighten nor Marshall Turner were personally involved in the alleged constitutional violation, or that they were connected to it.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Birchall v. Annucci · filed 2019-06-11

Personal involvement in an alleged constitutional violation is a prerequisite to any Section 1983 claim.

Section 1983 requires a prison official’s personal involvement in an alleged constitutional deprivation; an official who neither knew of nor participated in it cannot be held liable.

Williams v. Vipin Shah · filed 2019-06-12

Because the Warden and Director did not know that the inmates were being deprived of adequate nutrition and were not personally involved in delivering the purportedly deficient meals, they may not be held liable under section 1983.

Section 1983 requires a plaintiff to allege a specific injury caused by a particular defendant’s conduct and an affirmative link between that injury and a violation of federal rights.

Rowan v. State of Hawaii · filed 2019-06-12

A plaintiff must also allege that he suffered a specific injury as a result of a particular defendant’s conduct and an affirmative link between the injury and the violation of his rights. ... He names only the State, he identifies no basis for this Court’s jurisdiction, he asserts no coherent statement of facts in support of any claims, he fails to explain what injury he has suffered or link a Defendant to that injury, and he fails to assert any prayer for relief. Rowan’s complaint is therefore DISMISSED for his failure to state a cognizable claim for relief, with leave granted to amend.

Section 1983 requires specific factual allegations showing each defendant’s personal involvement in the alleged deprivation.

Jamiel v. Fries · filed 2019-06-14

Accordingly, to survive a motion to dismiss, a complaint must include specific factual allegations as to how each defendant is personally involved in the alleged illegal activities.

Section 1983 requires a causal link between a defendant’s conduct and the deprivation of rights for personal liability.

Everhart v. Flournoy · filed 2019-06-17

Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.

Section 1983 does not impose liability on officers for involuntary medication they lacked authority to order when the plaintiff has not shown that their conduct caused the medical decision.

Powell v. Staycoff · filed 2019-06-19

Under that same rationale, Powell’s ketamine-based § 1983 claims must be dismissed because the officers had no authority to order the medication.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Hyatt v. Marchant · filed 2019-06-21

Finally, regarding Dittman, Hyatt did not allege that she was ... personally involved in his care, so she could not have been deliberately indifferent to his condition.

Section 1983 requires a defendant’s personal involvement in the alleged violation; instructing a prisoner how to request soap does not establish it.

Kokinda v. Pennsylvania Department of Cor · filed 2019-06-24

Moreover, UM Mankey’s response instructing Kokinda how to make a proper request for certain soap does not ... amount to personal involvement within the meaning of § 1983.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory rank alone does not establish liability.

Pine v. Annucci · filed 2019-06-24

Personal involvement in an alleged constitutional violation is a prerequisite to any Section 1983 claim.

Section 1983 liability for failing to protect an inmate requires sufficient personal knowledge of the specific threat to the inmate’s safety.

Neely v. Bonds · filed 2019-06-25

The amended complaint still does not allege that either Holloway or Parker had sufficient personal knowledge of the specific threat to Neely’s safety to support § 1983 liability.

Section 1983 requires a defendant’s personal involvement for damages liability; merely being sent a grievance, without investigating or acting on it, does not establish that involvement.

Moore v. NYC Health Hospital · filed 2019-06-26

Where a plaintiff alleges that a particular defendant’s involvement in an alleged constitutional deprivation is limited to being sent a grievance or letter—and does not allege that the defendant personally investigated or acted on the grievance—those allegations are not sufficient to establish either the defendant’s personal involvement or deliberate indifference to the plaintiff’s medical needs.

Section 1983 requires a plaintiff seeking to hold an official individually liable to plausibly allege that official’s personal involvement in a constitutional violation; supervisory status alone is insufficient.

Knight v. New York State Department of Corrections · filed 2019-06-26

Nor does Dr. Dinello’s supervisory status alone establish his personal involvement. ... Therefore, Plaintiffs fail to plausibly allege the personal involvement of Dr. Dinello in any constitutional violation.

Section 1983 requires allegations that each defendant was personally involved in the conduct at issue.

Snow v. Kentucky State Reformatory · filed 2019-06-27

Plaintiff has not alleged any personal involvement by Erwin, Holcomb, or Kaelin, and the claims against these Defendants must be dismissed.

Section 1983 does not impose individual liability for excessive force on an officer who did not perform the challenged frisk.

Hunt v. Johnston · filed 2019-07-01

There is no dispute that Johnston was not the officer who frisked Hunt (See ECF Nos. 25-1, 28, 41.) Further, Hunt seeks to dismiss Johnston from Count I so that he can correctly name the officer. (ECF No. 41.) Therefore, summary judgment shall obviously be granted to Johnston with regard to the excessive force claim in Count I.

Individual liability under § 1983 requires personal involvement in the alleged constitutional violation; defendants alleged to have participated equally may be treated alike when they offer no basis to distinguish their liability.

Colbruno v. Kessler · filed 2019-07-02

"Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation," so "we must examine the allegations in the complaint as to each individual appellant to determine whether a plausible claim for relief is stated." ... But because Plaintiff alleges that all six Defendants participated equally in walking him into the hospital without clothes on, and Defendants make no argument that they are differently situated with regard to liability, we will treat them all the same for purposes of this appeal.

A § 1983 claim against a warden must allege the warden’s personal participation in the deprivation of constitutional rights.

Harris (ID 113548) v. Palm · filed 2019-07-02

The Court also found that Plaintiff failed to allege personal participation by the wardens in the deprivation of his constitutional rights. ... IT IS THEREFORE ORDERED THAT this case is dismissed for failure to state a claim.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; merely denying or ignoring an inmate’s grievance does not establish supervisory liability.

Dixon v. Fishkill Correctional Facility · filed 2019-07-02

Mere allegations that a supervisory defendant denied or ignored an inmate’s grievances do nothing to show how the defendant was involved in alleged constitutional violations; personal involvement requires more.

Section 1983 requires a complaint to allege each defendant’s personal participation in the challenged conduct.

Davis v. State of Utah, The · filed 2019-07-08

In order to state a claim under 42 U.S.C. § 1983, a complaint must allege personal participation by the defendant.

Section 1983 requires a plaintiff pursuing individual-capacity claims to identify what each official allegedly did; collective allegations are insufficient.

Williams v. Utah Department of Corrections · filed 2019-07-08

To the extent he argues that his collective characterization of the defendants is sufficient to sustain any personal-capacity claims, see id. at 10, his argument is insufficient. He has not explained which of the prison-official defendants are liable for what improper conduct.

Section 1983 claims against individual defendants require allegations of their own misconduct.

LEE v. TRIVETT · filed 2019-07-08

Any claims against Stanley Knight, Raymond Kinison, Jason Servizzi, and Lt. Meyers are dismissed because there are no allegations of misconduct that state a federal civil rights claim made against them.

Section 1983 personal involvement can be pleaded through a supervisor’s actual knowledge of and acquiescence in the alleged misconduct.

RAYFIELD v. CITY OF PATERSON · filed 2019-07-09

Finally, the Court finds that Plaintiffs have adequately pleaded Fraher’s involvement. “Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence.”

Section 1983 requires personal involvement in, or direct responsibility for, the alleged deprivation of rights.

McArty v. Faust · filed 2019-07-10

“Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights. ... Thus, Plaintiff has failed to meet proof with proof, as he provides no evidence that Littleton, Jackson, or Outlaw had any role in his alleged retaliatory transfer to the Varner Unit.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Hoskins v. Maitland · filed 2019-07-11

Regarding Sgt. Fisher and the HSU Manager, the complaint fails to state a claim against them because it does not set forth how either were personally involved.

Section 1983 requires a defendant's personal involvement in an alleged constitutional deprivation for damages.

Malcolm v. Rochester City Sch. Dist. · filed 2019-07-11

Establishing a defendant's personal involvement in the alleged constitutional deprivations is a prerequisite to damages under § 1983.

A § 1983 claim may proceed when disputed evidence prevents the court from finding that an officer was not personally involved in the alleged retaliation.

Wright v. Smith · filed 2019-07-11

As such, the court cannot determine without making an inappropriate credibility determination that defendant Aymond was not present during or personally involved in the alleged retaliatory events.

Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

McFadden v. City of New York · filed 2019-07-11

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires a plaintiff to allege each individual defendant’s personal participation in a constitutional violation.

Washington v. Oklahoma State Department of Human Services · filed 2019-07-12

Because plaintiff does not allege any facts to suggest that defendants Strout, Woodson, or Stinnett “personally participated” in a violation of plaintiff’s constitutional rights, the Court finds that plaintiff has failed to state a § 1983 claim against those three defendants.

Section 1983 requires a defendant to be personally responsible for the constitutional deprivation.

Johnson v. Parker · filed 2019-07-15

As such, the culpability for not responding to the Offender Request Slips, if any, could not fall on Nurse Parker or Nurse Rue because they were not responsible for seeing that the slips were responded to. See Childress v. Walker, 787 F.3d 433, 439-40 (7th Cir. 2015) (stating that defendant is liable under section 1983 when they are personally responsible for the constitutional deprivation) (internal citation omitted).

Section 1983 requires allegations connecting a defendant to the claimed wrongdoing; naming a defendant without any allegations against them is insufficient.

Perry v. Burling · filed 2019-07-16

The court will also dismiss K. Thompson as a defendant because the amended complaint does not contain any allegations against this defendant.

Section 1983’s personal involvement requirement can be satisfied by allegations that an officer knew of a detainee’s serious medical distress but returned him to his cell.

Varela v. Kontagiannis · filed 2019-07-16

Accordingly, Plaintiff alleges personal involvement sufficient to state a claim for relief against her.

Section 1983 requires a plaintiff to plausibly allege that the defendant actively participated in the alleged constitutional violation.

Cooke v. Bevin · filed 2019-07-16

Cooke must present facts indicating that Governor Bevin actively participated in the alleged constitutional violations to succeed on her claim of retaliatory discharge in violation of the First Amendment pursuant to 42 U.S.C. § 1983.

Section 1983 requires a defendant to be personally involved in or directly responsible for the constitutional violation.

Holliman v. Snyder · filed 2019-07-17

A defendant may not be held liable under § 1983 unless he was personally involved in or had direct responsibility for the constitutional violation.

Section 1983 requires an individual defendant’s personal involvement in the alleged retaliation.

Concha v. Purchase College State University of New York · filed 2019-07-17

Thus, Plaintiff's retaliation claim against Aure must be dismissed for lack of personal involvement.

Section 1983 requires specific allegations connecting each defendant to the alleged deprivation of federal rights.

Padgett v. Jones · filed 2019-07-17

First, Plaintiff does not set forth any specific allegations against Defendants Sheppard and Spangler in his complaint. As such, the complaint fails to state a claim upon which relief may be granted under § 1983 as to these Defendants.

Section 1983 requires facts supporting an inference that a defendant was personally involved in the alleged violation of the plaintiff’s rights.

Johnson v. O'Connor · filed 2019-07-17

Plaintiff does not set forth sufficient information for the Court to infer that Lambeth was personally involved in the alleged violation of his rights.

Section 1983 requires a plaintiff to allege facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.

Carter v. Riker's Island Correctional Facility AMKC, and the BEACON · filed 2019-07-18

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff’s complaint does not comply with federal pleading rules because he does not explain how each individual Defendant was personally involved in the events underlying his claims, and it is not clear who is responsible for each event he describes.

Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation.

Gibson v. Washington State Department Of · filed 2019-07-19

The district court properly granted summary judgment on Gibson’s deliberate indifference claim against defendant Fetroe arising from the delay in Gibson’s medical treatment because Gibson failed to raise a genuine dispute of material fact as to whether Fetroe was personally involved in the delay of Gibson’s treatment.

Section 1983 does not make prison complaint reviewers liable for an alleged constitutional violation merely because they rejected a grievance about it.

Tucker v. Eckstein · filed 2019-07-22

The plaintiff’s claims against these defendants are essentially claims against them in their capacity as inmate complaint examiners. Complaint examiners can be liable for violating a plaintiff’s constitutional rights only if they fail to do their appointed tasks by, for instance, “routinely sen[ding] each grievance to the shredder without reading it” or “intervene[ing] to prevent the medical unit from delivering needed care might be thought liable.” Burks v. Raemisch, 555 F.3d 592, 595 (7th Cir. 2009) (citations omitted).

Section 1983 requires a defendant to have personally caused or participated in the alleged constitutional violation.

Gregory v. Pfister · filed 2019-07-22

To be held liable under § 1983, a defendant must have personally caused or participated in a constitutional violation.

Section 1983 requires a plaintiff to show each individual defendant’s personal involvement in the alleged constitutional violation.

Casanova v. Maldonado · filed 2019-07-22

To assert a claim against an individual under 42 U.S.C. §1983, a plaintiff must show the defendant’s personal involvement in the constitutional violation being alleged. ... Since there was no showing of deprivation of liberty committed by Defendant Venettozzi, Plaintiff has not adequately pled that Defendant Venettozzi was personally involved in a constitutional violation.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of federal rights.

Madding v. Parker · filed 2019-07-22

As a preliminary matter, the Court notes that there is nothing in Plaintiff’s complaint that would allow the Court to plausibly infer that Defendant Tony Parker was personally involved in the decision to transport Plaintiff in shackles or to deny him assistance in getting off the transport van. Additionally, there is nothing in Plaintiff’s complaint that would allow the Court to infer that Defendant Parker was personally involved in Plaintiff’s medical treatment and/or decisions regarding the replacement of his dentures and glasses. Accordingly, Plaintiff cannot sustain a claim against Defendant Parker, and he will be DISMISSED.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Winius v. Pawlak · filed 2019-07-23

He may not, however, proceed on retaliation claims with respect to his placement in Green- West Unit, the alleged theft that occurred in his Green-West Unit cell 114, or the deprivation of and damage to his personal property, as he does not allege that any of the named defendants were personally involved in those deprivations.

Section 1983 requires factual allegations connecting a defendant’s conduct to the alleged deprivation of rights.

Perez v. John and Jane Does 1-10 · filed 2019-07-23

Despite the claim that Plaintiffs’ arrest and confinement were unlawful, no allegations tie any of the Officer Defendants to any wrongdoing related to Plaintiffs’ arrest or confinement.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for individual liability.

Singleton v. Beadle · filed 2019-07-23

Individual liability can be imposed in a civil rights action only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.” ... Accordingly, the Court will grant Defendants’ motion for summary judgment as to the claims against Habovich.

Section 1983 requires allegations that an officer personally committed a constitutional violation to overcome qualified immunity.

Peterson v. Heymes · filed 2019-07-25

Thus, the allegations are too attenuated to show that a “violation was committed personally” by Israel such that Israel violated a clearly established constitutional right.

Section 1983 holds an official liable only for the official’s own actions that cause a deprivation of rights, not automatically for other officers’ actions.

Z. J. v. Kansas City Brd of Police Comm · filed 2019-07-25

An official may be held liable under § 1983 only if the official, “through [his or her] own individual actions, has violated the Constitution.”

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; creating a false arrest report can satisfy that requirement.

Marom v. The City of New York · filed 2019-07-25

Lastly, a reasonable jury could conclude that Rocek has satisfied section 1983’s “personal involvement” requirement with respect to Boyle because there is undisputed evidence that Boyle created Rocek’s OLBS Report and accusatory instrument.

A § 1983 complaint must connect the defendants it names to specific factual allegations of misconduct.

Pointer aka Robert Davis Jr v. Minton · filed 2019-07-25

After setting forth the relevant legal standards, the Court noted that, although Plaintiff’s Complaint contained factual allegations regarding conditions of confinement and excessive force, he failed to named the individual defendants associated with his claims and allegations and failed to set forth specific factual allegations as to a number of the individuals that he named as defendants [Id. at 1-2]. ... Without the benefit of an amended complaint, which Plaintiff has declined to file, the Court must accordingly DISMISSPlaintiff’s action for failure to state a claim upon which relief may be granted under § 1983, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(A).

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; it does not impose vicarious or supervisory liability.

Stechauner v. Offermann · filed 2019-07-26

As Stechauner decides how he would like to proceed, the court reminds him that, under § 1983, only those individuals who are personally responsible for a constitutional violation will be held liable.

Section 1983 permits a claim against officials whose alleged actions contributed to a constitutional violation, even if they did not directly participate in the challenged act.

Lindell v. Cushing · filed 2019-07-26

Plaintiff does not allege that defendants Pollard, Meli, Wall, or John Doe #1 had any personal involvement with the strip search. But he alleges that they contributed to causing the strip search based on their prior actions. At this early stage, plaintiff may also ... 5 ... proceed against these defendants under the First and Eighth Amendments.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for individual liability.

Jackson, Wilson v. Department of Justice · filed 2019-07-26

Further, a defendant cannot be held liable for a constitutional violation unless he or she was personally involved in the alleged conduct.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in a constitutional violation.

Loufer (ID 121027) v. Willard · filed 2019-07-26

Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. ... In the Court’s MOSC, the Court found that: Plaintiff fails to allege personal participation by any of the defendants in any purported constitutional violations; ... The Court finds that this case should be dismissed for failure to state a claim as set forth in the MOSC and MOSC 2.

Section 1983 requires a claim against an individual defendant to allege that defendant’s personal involvement in the constitutional violation.

Gallegos (ID 107051) v. Finney County, Kansas · filed 2019-07-26

The Court also found that because Plaintiff has failed to allege any personal involvement by Defendants Bascue and Welch, his claims against these defendants are subject to dismissal. ... The Court finds that this case should be dismissed for failure to state a claim as set forth in the Memorandum and Order and Doc. 5 and the MOSC.

Section 1983 requires allegations showing each individual defendant’s personal involvement in the alleged deprivation of rights.

Mejia v. New York City Health & Hospitals · filed 2019-07-28

Here, Plaintiff fails to plead facts in his 6® AC sufficient to establish the specific personal involvement by any of the Defendant Nurses in the alleged wrongful acts.

A § 1983 plaintiff suing individual defendants must show that each defendant personally participated in the alleged deprivation of rights.

Reyes v. Office of Surface Mining Reclamation and Enforcement Western Region · filed 2019-07-29

Thus, she is required to show that each Defendant personally participated in the denial of the procedural rights to which she was entitled. ... Accordingly, Ms. Reyes has failed to come forward with evidence that any of the named Defendants personally participated in any denial of her Due Process rights.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages; supervisory status alone does not establish liability.

Falu v. County Of Orange · filed 2019-07-30

In alleged constitutional deprivations under § 1983, personal involvement of defendants is a prerequisite to an award of damages. ... The facts from the record, viewed in the light most favorable to Plaintiff, do not support a finding of personal involvement by Defendant Jones in Plaintiff’s promotion consideration.

Section 1983 requires personal involvement for individual liability; a sheriff who did not participate in the alleged deprivation cannot be held personally liable.

Martz v. Simmons · filed 2019-07-30

Individual liability under section 1983 must be based on personal involvement. ... Therefore, the Court finds that Sheriff Simmons cannot be held liable in his personal capacity when he did not participate in the alleged unconstitutional conduct.

Section 1983 does not impose vicarious liability; a plaintiff must plead each defendant’s own involvement in the alleged constitutional violation.

Lathan v. Corr. Ctr. of Nw. Ohio · filed 2019-07-31

"Because vicarious liability is inapplicable to ... § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution." ... Because plaintiff has not pleaded that these defendants engaged in the alleged misconduct, his complaint does not state any claims against them.

Section 1983 requires personal or direct involvement in the alleged deprivation for individual liability.

Badger v. Loe · filed 2019-07-31

Liability under section 1983 requires some personal or direct involvement in the alleged unconstitutional action.

Section 1983 requires a plaintiff seeking to hold an individual defendant liable for retaliatory termination to show that the defendant took adverse employment action against him.

Moreau v. St Landry Parish Fire District No 3 · filed 2019-07-31

In the case of individual defendants, this means that plaintiff must show that the individual defendant took adverse employment action against him. ... Under these undisputed facts, Moreau cannot establish the elements of his First Amendment and procedural due process claims as to Chachere.

Section 1983 requires each individual defendant to have personally participated in the alleged violation for personal liability.

Tyler v. Ricketts · filed 2019-07-31

Pete Ricketts is the Governor of Nebraska, and Robert Evnen is the Secretary of State. Neither of these elected officials are alleged to have participated in the state court action, so there can be no personal liability. See White v. Jackson, 865 F.3d 1064, 1081 (8th Cir. 2017) (“To prevail on a § 1983 claim, a plaintiff must show each individual defendant’s personal involvement in the alleged violation.”).

Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation.

Parkman v. O'Connor · filed 2019-08-01

It is not clear from the amended complaint how, if at all, either of the Defendants were personally involved in denying him bail and sending him to Hartford Correctional Center. Therefore, any claim regarding the denial of Plaintiff’s bail in August 2016 is dismissed.

Section 1983 does not make a prison official liable solely for denying a grievance.

Mitchell v. Osmundson · filed 2019-08-01

In addition, simply denying a grievance is not a sufficient basis upon which to hold a prison official liable under § 1983.

Section 1983 requires each defendant’s personal involvement in an alleged constitutional violation; allegations that identified officers acted together can satisfy that requirement at the pleading stage.

Gray v. City Of Chicago · filed 2019-08-01

As discussed above, personal involvement in the alleged constitutional violation is a requirement for liability under § 1983.

Section 1983 permits a claim against an official who personally participates in a constitutional deprivation or sets in motion acts that foreseeably cause it.

Stahl v. Klotz · filed 2019-08-02

Taking these allegations as true, plaintiff has alleged specific facts plausibly suggesting Harmon and Elmore, in retaliation for plaintiff’s complaints, participated in or set in motion a series of acts by others they knew or reasonably should have known would result in plaintiff’s termination without due process. Accordingly, the court DENIES defendants’ motion to dismiss plaintiff’s § 1983 claims as to Harmon and Elmore.

A Section 1983 search claim must connect a specific officer to the alleged unconstitutional search.

Woods v. Reyes · filed 2019-08-02

Further, plaintiff has not identified a specific officer that participated in the alleged unconstitutional search.

Section 1983 requires a plaintiff to show that a defendant was personally involved in the alleged constitutional deprivation.

Abreu v. Lipka · filed 2019-08-05

But again, to prevail on a First Amendment claim under § 1983, Abreu “must show by a preponderance of the evidence that [a] defendant was personally involved—that is, he directly participated—in the alleged constitutional deprivations.” Gronowski v. Spencer, 424 F.3d 285, 293 (2d Cir. 2005). Abreu’s allegations fail to demonstrate any official’s personal involvement in the decision to interfere with the free exercise of his religion, and the district court therefore did not err in dismissing it.

Section 1983 requires a defendant’s personal involvement in the conduct that deprived the plaintiff of her rights; awareness of prison conditions and failure to use oversight powers do not suffice.

Unitt v. Bennett · filed 2019-08-05

In the context of a § 1983 claim, “only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.” Cepero-Rivera v. Fagundo, 414 F.3d 124, 129 (1st Cir. 2005).

Section 1983 requires a plaintiff to establish each defendant’s personal involvement in the alleged unconstitutional conduct to survive summary judgment against that defendant.

Easterling v. City of Newark · filed 2019-08-06

As we have previously explained, “a plaintiff alleging that one or more officers engaged in unconstitutional conduct must establish the ‘personal involvement’ of each named defendant to survive summary judgment and take that defendant to trial.” Jutrowski v. Township of Riverdale, 904 F.3d 280, 285 (3d Cir. 2018). We find no error in the District Court’s determination that Officer Oliveira had no role in the events underlying Easterling’s excessive-force and delay-of-medical-care claims, and that Captain Perez’s role was limited to the events underlying the excessive-force claim.

Section 1983 requires a plaintiff to name only defendants who personally participated in a substantial way in the alleged constitutional deprivation.

(PC) Mefford v. Bhutia · filed 2019-08-06

Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.

Section 1983 imposes individual liability only when the defendant caused or participated in the alleged constitutional deprivation.

Simenson v. Joliet · filed 2019-08-07

Section 1983 creates a cause of action “based upon personal liability and predicated upon fault”; an individual “cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation.”

Section 1983 damages claims against individuals require their personal involvement in the alleged constitutional deprivation.

Smalls v. New York City Employees' Retirement System · filed 2019-08-07

Absent any direct personal involvement by Stringer and Whinnery in the suspension of Plaintiff’s pension payments, the Section 1983 claims against them must be dismissed.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.

Falls v. DuBois · filed 2019-08-07

Moreover, there are no facts suggesting they were involved in the events giving rise to plaintiff’s claim. Cf. Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (“It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” (internal quotation and citations omitted)). Accordingly, all claims against Officers Scuadroni, Rivera, and Thomas are dismissed.

Section 1983 requires a complaint against officials in their individual capacities to allege their personal involvement in the deprivation of federal rights.

Fluker v. Cuyahoga County · filed 2019-08-07

In order to state a claim against Pinkney, Ivey and/or Mills in their individual capacities, “a complaint must allege that the defendants were personally involved in the alleged deprivation of federal rights.” ... The Court concludes that Pinkney and Ivey are entitled to dismissal of the § 1983 claims against them in their individual capacities.

Section 1983 requires a defendant to have personally participated in a substantial way in the deprivation of the plaintiff’s constitutional rights.

(PC) Newsome v. Loterzstain · filed 2019-08-08

Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded.

Santucci v. Levine · filed 2019-08-08

It is well settled in this Circuit that personal involvement in an alleged constitutional deprivation is a perquisite to an award of damages under Section 1983.

Section 1983 requires personal responsibility for a constitutional violation; a defendant is not liable for lost evidence without personal responsibility for its loss.

Bolden v. Pesavento · filed 2019-08-09

In a criminal case, the issue is whether the defendant’s constitutional rights have been violated, but in a civil § 1983 case, the inquiry involves the added step of asking whether a particular defendant is personally liable for the violation. Here, defendants are not liable under § 1983, regardless of whether Bolden’s constitutional rights were violated.

Section 1983 claims against individual defendants require specific facts showing what each defendant did to cause the alleged constitutional deprivation.

Minor v. Child Protective Agency · filed 2019-08-12

Plaintiff may assert claims under Section 1983 against the individual Defendants in their individual capacities, but to do so she must allege specific facts as to the acts taken by each Defendant that would subject them to liability for the constitutional deprivation at issue.

Section 1983 requires allegations that each defendant was personally involved in the alleged deprivation of a federal right.

Roscoe v. Hall · filed 2019-08-12

Roscoe does not plead sufficient facts to establish personal involvement by Asst. Warden Artrip or Regional Operations Chief Ponton with respect to the disciplinary hearing.

Section 1983 requires allegations showing how each named defendant personally acted or failed to act to violate the plaintiff’s rights.

(PC) Bozeman v. Santoro · filed 2019-08-12

Plaintiff cannot state a claim against any of the Defendants unless he demonstrates in his allegations that each of them, identified by name, personally acted or failed to act, violating Plaintiff’s rights.

Section 1983 requires facts linking each defendant’s personal conduct to a deprivation of federal rights.

(PC) Cheatham v. Wan · filed 2019-08-12

Plaintiff fails to link many of the defendants to any specific action causing him harm. Instead, his complaint repeatedly states that various defendants violated his rights, without explaining what rights were violated or how the violations occurred. Plaintiff’s allegations must demonstrate that each individual defendant personally participated in the deprivation of his rights.

Section 1983 does not impose respondeat superior liability; each defendant is liable only for their own misconduct.

(PC) Azdar v. Wreston · filed 2019-08-12

There is no respondeat superior liability under section 1983, and therefore, each defendant is only liable for his or her own misconduct.

Section 1983 does not impose liability on a prison warden for medical care in which he was not involved.

Ford v. Steward · filed 2019-08-12

This is a prisoner civil rights case under 42 U.S.C. § 1983. ... The magistrate judge issued a report and recommendation (MJRR), recommending that he motion be granted because there is no genuine issue of material fact that Steward was not involved in plaintiff’s medical care and cannot be liable as a matter of law. ... The findings and conclusions of the magistrate judge are adopted as the findings and conclusions of the Court.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation; supervisory status alone does not establish liability.

Flood v. Cappelli · filed 2019-08-12

In other words, “[b]ecause vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. ... Plaintiff has failed to plausibly allege the personal involvement of Dubois.

Section 1983 permits suit against officials directly responsible for a constitutional violation.

Solomon v. Armor Correctional Health Inc · filed 2019-08-13

Only those officials who are directly responsible for a constitutional violation may be sued under Section 1983.

Section 1983 requires facts connecting each defendant’s action, participation, or legally required omission to the alleged deprivation of rights.

Patterson v. Cortez · filed 2019-08-13

However, plaintiff’s Complaint does not allege that any named defendant took any action, participated in the action of another, or failed to take an action that he or she was legally required to do that caused a civil rights violation.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.

Yerushalayim v. Liechtung · filed 2019-08-13

A defendant’s personal involvement in the alleged constitutional deprivation is a prerequisite to an award of damages under Section 1983.

Section 1983 requires each individual defendant’s personal involvement in the alleged constitutional deprivation; allegations that officers knowingly prevented medical assistance can plead direct participation.

Logan v. The City of Schenectady · filed 2019-08-13

“[T]he personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Accordingly, Plaintiff has sufficiently alleged the Individual Defendants’ direct participation—and thus their personal involvement—in the constitutional violations alleged.

Section 1983 does not impose liability on prison officials merely for responding to grievances or participating in the grievance process.

Henderson v. Correction Corporation of America Core Civic · filed 2019-08-13

Responding to a grievance or otherwise participating in the grievance procedure, however, is insufficient to trigger liability under § 1983.

Section 1983 requires allegations of each defendant’s personal involvement in the claimed rights violation; naming a defendant only in the caption is insufficient.

Sinkler v. Clark · filed 2019-08-13

Moreover, in order for a § 1983 claim to survive a motion to dismiss, the plaintiff must sufficiently allege that the defendant was personally involved in the act or acts that the plaintiff claims violated his rights. ... Plaintiff named these Defendants in the caption, but there no averments related to them in the body of the complaint.

Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation.

(PC) Hawkins v. Winkfield · filed 2019-08-14

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation for which the plaintiff seeks to hold that defendant liable.

Goings v. Baldwin · filed 2019-08-15

Section 1983 creates a cause of action based on personal liability and predicated upon fault. Therefore, “to be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.”

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for liability.

DeNicola v. Potter · filed 2019-08-15

As noted above, a party can only be liable under § 1983 if he is personally involved in the alleged constitutional violation. While DeNicola identifies Keenan as a defendant, he does not identify any conduct by this defendant.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; supervisory status alone does not establish liability.

Fantazier v. Clark · filed 2019-08-15

Supervisors, however, are not typically liable under § 1983 solely on this theory. ... As pled, Plaintiff’s claims against Defendants Clark and Miller consist, at most, of little more than assertions of respondeat superior. As a matter of law, under the standard articulated supra, these assertions do not suffice to state a claim against Defendants.

A § 1983 complaint must connect each named defendant’s actions to the claimed deprivation of rights.

(PC) Bustamante v. Spearman · filed 2019-08-16

The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.

Section 1983 liability requires a showing that the defendant personally participated in the alleged violation.

Stroud v. Gore · filed 2019-08-16

Liability under § 1983 arises only upon a showing of personal participation by the defendant. ... The Court finds that Plaintiff has sufficiently pled Defendants Michalke, Lizarraga, and Shea’s involvement to survive the pleading stage.

A § 1983 plaintiff must allege each defendant’s personal participation; employment or supervisory status alone is insufficient.

Johnson v. Sanders · filed 2019-08-16

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. A plaintiff must go further and state how the named defendant’s personal participation violated the plaintiff’s constitutional rights.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the rights violation; employment or supervisory status alone is insufficient.

Porter v. Sanders · filed 2019-08-16

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. A plaintiff must go further and state how the named defendant’s personal participation violated the plaintiff’s constitutional rights.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing.

TATE v. MAYOR SCHEMBER · filed 2019-08-16

Plaintiff’s putative §1983 claim is also deficient for the reason that Plaintiff has not shown that the named Defendants were personally involved in the alleged wrongdoing.

An individual-capacity claim under § 1983 requires the defendant’s personal involvement in the alleged deprivation.

Olson v. Schwochert · filed 2019-08-19

Moreover, Olson does not (nor could he) plausibly allege that Schwochert was personally involved in taking his money or enforcing state policy. Olson thus cannot sue Schwochert either in his individual capacity for damages or in his official capacity for prospective relief under Ex parte Young, 209 U.S. 123 (1908).

Section 1983 requires an individual defendant to cause or participate in the constitutional deprivation to be personally liable.

Martin v. Copeland · filed 2019-08-19

An individual cannot be held liable in a § 1983 action unless he or she has caused or participated in the alleged constitutional deprivation.

Section 1983 requires each individual defendant’s personal involvement in the alleged constitutional deprivation.

Moore v. Westchester County · filed 2019-08-19

Because Plaintiff does not make any substantive allegations as to these Defendants, he necessarily fails to state their personal involvement in any constitutional violation.

Section 1983 requires facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.

Ramirez v. Smith · filed 2019-08-19

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional deprivation.

Newell v. Jose · filed 2019-08-19

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires allegations showing each defendant’s personal participation in a constitutional violation; employment or supervisory status alone is insufficient.

Kemp v. Canada · filed 2019-08-19

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Plaintiff must go further and state how the named defendant’s personal participation violated his constitutional rights.

Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation.

(PC) Knight v. Spearman · filed 2019-08-20

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

Section 1983 requires plausible allegations connecting a defendant to the alleged rights violation; speculation that the defendant conspired with others is insufficient.

Green 189440 v. Smith · filed 2019-08-22

Plaintiff’s assertion that Peller conspired with the MSI supervisor is wholly speculative and conclusory. It is not enough to suggest that Peller was involved in the hiring decisions. Thus, if there was any discrimination in the hiring process, that discrimination is attributable to the MSI supervisor, not Peller.

Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional deprivation; a supervisory role alone is insufficient.

Rivera v. Westchester County · filed 2019-08-22

Accordingly, Plaintiff fails to allege the personal involvement of Blackman or Mendoza in the alleged unconstitutional deprivations at issue. Plaintiff’s claims against Blackman and Mendoza in their individual capacities are therefore dismissed.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; collective allegations against defendants do not state a claim.

Porch, III v. Quality Correctional Health Care · filed 2019-08-22

He does not specify any Defendant’s personal involvement in the alleged denial of adequate medical treatment or allege facts to support his conclusion that they violated his rights. Under even a liberal construction of his complaint, Porch fails to state a claim against any Defendant.

Section 1983 requires a defendant’s personal involvement in the constitutional deprivation.

Conner, Adonnis v. Bouzek · filed 2019-08-23

To be liable under § 1983, a defendant must have some personal involvement in the constitutional deprivation.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation.

Ivey v. Johnston · filed 2019-08-23

Ivey has also alleged that Johnston has a personal involvement in the alleged deprivation, as required under Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir. 1999).

Section 1983 requires facts connecting a named defendant’s conduct under color of law to a deprivation of the plaintiff’s federal rights.

Meyers v. Roanoke U.S. Attorney · filed 2019-08-26

To state a claim for relief under § 1983 or Bivens, a plaintiff must allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of law. ... Accordingly, Meyers’ allegations fail to state a civil rights claim against the named defendants.