42 U.S.C. § 1983

Section 1983 requires facts plausibly showing that each defendant’s own actions violated the plaintiff’s rights.

O'Brien v. Garcia · filed 2019-08-26

But without more, these conclusory allegations fail to provide the factual content necessary to allow the Court to draw a reasonable inference that each Defendant through his or her “own individual actions, has violated the Constitution.”

Section 1983 requires a defendant to have been personally involved in the deprivation of a constitutional right.

Perkins v. Milwaukee County · filed 2019-08-27

Nothing in Monell changes the fundamental principle that the defendant in a § 1983 suit must have been personally involved in the deprivation of a constitutional right.

A § 1983 claim against individual officials requires facts linking each defendant’s actions to the alleged constitutional deprivation.

Gardner v. Cdcr · filed 2019-08-27

The district court properly dismissed Gardner’s claims alleging interference with his administrative appeals and legal mail because Gardner failed to allege facts sufficient to show a sufficient link between defendants’ actions and the alleged constitutional deprivation.

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

(PC) Staggs v. Kelly · filed 2019-08-27

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 affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Sharonoff v. Tyler · filed 2019-08-27

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 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Merriman v. Love · filed 2019-08-27

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 facts connecting each defendant’s actions to the alleged injury.

(PC) Merriman v. Ponder · filed 2019-08-27

There must be a sufficient casual connection in a § 1983 action between the actions of a defendant and the injury suffered. In order to state a claim upon which relief could be granted, plaintiff must plead facts proximately connecting the individual defendants to the loss the plaintiff claims to have suffered.

Section 1983 requires a plaintiff suing unidentified defendants to allege facts showing how each defendant violated the plaintiff’s rights.

Grindling v. County of Maui · filed 2019-08-27

Plaintiff has not presented a single allegation explaining how each Doe Police Officer and Doe Prosecutor violated his rights. Therefore, the Court DISMISSES the Doe Defendants.

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

Alvarado-Gonzalez v. Thompson · filed 2019-08-27

Section 1983 creates a cause of action based on personal liability and predicated upon fault.

Section 1983 requires a plaintiff to allege each defendant’s own involvement in a constitutional violation.

Runion v. Spencer · filed 2019-08-27

“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.”

An individual-capacity § 1983 claim requires facts showing the defendant’s personal involvement in the alleged violation of federal rights.

Soto v. Niles · filed 2019-08-27

To state an individual-capacity claim under § 1983, a plaintiff must allege facts to establish the defendant’s personal involvement in the asserted violation of federal rights.

Section 1983 requires each defendant to be liable for that defendant’s own misconduct; it does not impose respondeat superior liability.

Foster v. Division of Adult Parole Operations · filed 2019-08-28

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

A § 1983 complaint must allege specific conduct by each named defendant; naming defendants without alleging what they did fails to state a claim.

Brunello v. Limbalm · filed 2019-08-28

Because the complaint contains no specific allegations against any Defendant, the Court will dismiss them from this action for failure to state a claim upon which relief may be granted.

A Section 1983 claim against a defendant in his personal capacity requires a plausible allegation that he was personally involved in the alleged constitutional violation.

Al-Haj v. OMH State of N.Y. · filed 2019-08-28

Second, the report correctly concludes that the Third Amended Complaint entirely fails to allege—let alone plausibly allege—that Defendant Weisner was in any way involved in the constitutional violation that Plaintiff allegedly suffered, which is alone a basis for dismissing all claims against Weisner in his personal capacity.

Section 1983 requires specific factual allegations describing each defendant’s role in the alleged violation of the plaintiff’s constitutional rights.

Walton v. Arkansas Department of Corrections · filed 2019-08-29

To state a cognizable claim under § 1983, a complaint must set forth specific factual allegations describing what each named defendant allegedly did, or failed to do, that purportedly violated the plaintiff’s constitutional rights.

Section 1983 requires a connection between each defendant’s actions or inaction and the alleged deprivation of rights.

(PC) Hunt v. Diaz · filed 2019-08-29

However, Plaintiff has not linked Defendant G. Solorio or K. Reyes to any affirmative action or inaction giving rise to the alleged constitutional violation.

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

(PC) Gaddy v. Moghaddam · filed 2019-08-29

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 personal involvement; reviewing a grievance after the alleged violation does not establish it.

DeShields v. Moclock · filed 2019-08-29

Likewise, to the extent Plaintiff seeks to hold Defendant Merritt-Scully liable due to her response to Plaintiff’s grievances, he cannot do so, as participation in after-the-fact review of a grievance is not enough to establish personal involvement.

Section 1983 requires personal involvement in the alleged violation; a defendant cannot be held liable solely for another’s conduct.

LaSpina v. SEIU Pennsylvania State Council · filed 2019-08-29

No doubt that plaintiff has failed to allege that defendant unions were personally involved in the violation of her constitutional rights.

Section 1983 requires factual allegations showing each defendant’s involvement in the claimed violation.

Velasco v. Semple · filed 2019-08-28

Accordingly, the Eighth Amendment claims against these defendants are dismissed as unsupported by any factual allegations.

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

Johnson v. Rimmer · filed 2019-08-30

In an action under § 1983, the plaintiff must establish in- dividual liability.

Section 1983 requires evidence connecting a defendant personally to the alleged delay in treatment.

Shaw v. Wexford Health Sources, Inc. · filed 2019-08-30

Although another four months passed before Shaw received physical therapy, he has not presented evidence that this delay can be imputed to Dr. Obaisi.

Section 1983 claims against individual defendants require facts showing how those defendants violated the plaintiff’s constitutional rights.

Payton v. Barnett · filed 2019-08-30

The Court agrees that Mr. Payton’s original complaint fails to allege any facts explaining how those individuals violated his constitutional rights.

Section 1983 holds a person liable for a rights violation only if that person caused or participated in it.

Jenkins v. Hyatte · filed 2019-08-30

“Only persons who cause or participate in the violations are responsible.” George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007). Nevertheless, at this stage of the proceeding, Mr. Jenkins has plausibly stated a claim against all eight defendants.

Section 1983 does not support a claim against an officer based on alleged misconduct by other officers when the evidence does not connect him to that conduct.

Odom v. Smith · filed 2019-08-30

Lt. Smith is not named or referenced in ARP 1948. The evidence does not support a claim adverse to ... Lt. Smith based on ARP 1948.

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

(PC) Thomas v. Fry · filed 2019-09-03

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 affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) McCoy-Gordon v. Hernandez · filed 2019-09-03

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 a defendant’s personal involvement in a constitutional deprivation before damages can be awarded.

Azor v. Semple · filed 2019-09-03

“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 [section] 1983.’”

Section 1983 requires a plaintiff to plead a causal connection between each defendant’s conduct and the alleged injury.

MCGUIRE v. WHITE · filed 2019-09-03

However, to the extent that the Defendants, perhaps inartfully, argue there is no allegation that they caused any injury, the Court agrees that McGuire has failed to sufficiently plead a § 1983 claim.

Section 1983 claims must identify who was personally responsible for the alleged deprivation of rights.

Hall v. Trump · filed 2019-09-03

However, the plaintiff’s allegations of relevant fact are often vague and fail to identify who is personally responsible for his continued solitary confinement or how his monthly reviews are, as he alleges, “meaningless.”

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

(PC) Burton v. Uddin · filed 2019-09-04

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 evidence of a defendant’s personal involvement in the alleged deprivation of medical care.

Kyles v. Pillia · filed 2019-09-04

Thus, the evidence does not even show Furtick’s awareness of the plaintiff’s situation, let alone her involvement in depriving him of medical care.

Section 1983 requires a causal link between a defendant’s own conduct and the alleged deprivation of rights.

Youngblood v. Corizon · filed 2019-09-04

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

Section 1983 requires a plaintiff to allege how each official’s own actions violated the plaintiff’s constitutional rights.

Fawley v. Lea County Correctional Facility · filed 2019-09-04

To the extent some claims are discernable, the Complaint also fails to state a claim under 42 U.S.C. § 1983. ... The Complaint here fails to clearly specify how each defendant was involved in the alleged wrongdoing.

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

Hand v. Arentz · filed 2019-09-04

First, there is no allegation in the complaint that Defendants were responsible for setting up appointments with offsite doctors and, thus, were responsible for the failure to ensure that Hand was returned to Doctor Papachristou for follow-up appointments.

A § 1983 complaint must allege facts implicating a defendant in the claimed violation.

(PC) Lipsey v. Reddy · filed 2019-09-05

The court agrees with the magistrate judge that plaintiff has made no allegations that implicate the City of Vacaville, and that plaintiff has not stated a cognizable claim for relief against former Secretary Kernan.

Section 1983 requires personal involvement in a constitutional violation; mishandling or denying a grievance does not establish it.

Walker v. Lamb · filed 2019-09-05

But the mishandling and/or denial of grievances does not amount to personal involvement in any constitutional violation alleged in the grievances.

Section 1983 requires a plaintiff to link each defendant to specific wrongdoing to establish personal liability.

Russell v. Wexford Health Source, Inc. · filed 2019-09-05

Because of Plaintiff’s failure to associate specific acts of wrongdoing with Dr. Ahmed, the personal involvement requirement necessary for Section 1983 liability is not met.

Section 1983 requires personal responsibility for a constitutional deprivation; respondeat superior does not establish liability.

Bradley v. Lashbrook · filed 2019-09-05

Section 1983 liability hinges on personal responsibility for a constitutional deprivation and the doctrine of respondeat superior is inapplicable to § 1983 claims.

Section 1983 makes a person responsible only for violations they cause or participate in.

Stafford v. Conklin · filed 2019-09-05

Under 42 U.S.C. § 1983, “[o]nly persons who cause or participate in the violations are responsible.”

Section 1983 requires personal fault for liability, whether through a defendant’s own conduct or through another person’s conduct under the defendant’s policies or customs.

Clayborne v. Warden · filed 2019-09-05

Significantly, personal fault is necessary to establish liability under 42 U.S.C. § 1983, whether based on the defendant’s own conduct or another’s conduct in executing the defendant’s policies or customs.

Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation; a supervisory title alone does not establish liability.

(PC) Blalock v. Miranda · filed 2019-09-06

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 a defendant’s personal involvement in the alleged wrongs for individual liability.

Isaiah Fields v. Delaware Department of Correct · filed 2019-09-09

The District Court’s dismissal of the claims against Commissioner Coupe was also proper, as Fields failed to allege that Coupe was personally involved in the treatment of Fields’ ankle, let alone that he acted with deliberate indifference.

Section 1983 requires allegations of each officer’s personal involvement in a constitutional violation; mere presence is insufficient.

Jacome v. Vlahakis · filed 2019-09-09

Plaintiff has thus succeeded in alleging that each Deputy Defendant were “personal[ly] involve[d]” and “individually liable” in the alleged constitutional violation under § 1983.

Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation; employment or supervision alone is insufficient.

Casanova v. Brooklyn Metropolitan Detention Center · filed 2019-09-09

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 defendant’s personal involvement in the alleged violation for liability.

Brandon v. Kinter · filed 2019-09-10

Because liability under § 1983 requires personal involvement, we, however, vacate and remand for Brandon to proceed against only those defendants who were personally involved in the violations.

Section 1983 requires a complaint to allege each defendant’s involvement and a connection between that defendant’s actions and the claimed deprivation.

(PC) Watts v. Abernathy · filed 2019-09-10

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 requires factual allegations linking each defendant to the claimed deprivation.

(PC) Goods v. Virga · filed 2019-09-10

However, because there are no factual allegations related to Defendants D.R. Evans, R. Raetz, Porter, A. Konrad, or Does 1-4, the Eighth Amendment claim cannot proceed against them.

Section 1983 requires a plaintiff to link each defendant’s own conduct to the alleged deprivation of rights; a conclusory allegation that all defendants were involved is insufficient.

(PC) Wilson v. Perez · filed 2019-09-10

Plaintiff’s conclusory statement that all defendants had knowledge and a direct link to the wrongful conduct is not sufficient to state a cognizable claim.

A Section 1983 complaint must allege how each defendant was personally involved in the claimed deprivation.

(PC) Dustin v. Blakely · filed 2019-09-10

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 requires specific facts connecting each named defendant to the alleged deprivation.

(PC) Barba v. Smith · filed 2019-09-10

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations. ... Plaintiff’s allegations against defendants “physicians” fail to meet the standard outlined above because they are not specific as to named individuals.

Section 1983 liability requires the defendant to have actually or proximately caused the alleged deprivation of rights.

McCurdy v. Deal · filed 2019-09-10

Defendant Deal cannot be liable for any alleged violation of Plaintiff’s Eighth Amendment rights due to the discontinuation of his tramadol medication where Defendant neither actually nor proximately caused the deprivation of that right.

Section 1983 requires allegations connecting an individual defendant’s conduct to the claimed deprivation of a federal right.

Sammons v. Overton · filed 2019-09-11

However, because Sammons does not identify an individual defendant as having knowledge of and disregarding the risk the sink posed, he fails to state a conditions-of-confinement claim actionable under § 1983.

Section 1983 requires an officer’s personal involvement in the deprivation of rights; an officer whose inaction prolongs an unlawful seizure can satisfy that requirement.

Avila v. District of Columbia · filed 2019-09-11

Given Defendant’s essential role in the process, the unreasonably long seizure was a natural consequence of his inaction, even if a jury were to find that the USAO instructed Defendant to continue holding the van.

Section 1983 requires a plaintiff to allege facts showing each defendant’s involvement in the claimed violation of rights.

Hunter v. Three Unknown Named DMV John Doe Employees · filed 2019-09-11

Additionally, the Court is unable to glean each Defendants’ involvement in the conspiracy and/or actual violation of Hunter’s rights as Hunter fails to plainly lay out facts regarding the actions these Defendants took, whether individually or collectively.

Section 1983 requires evidence connecting each defendant to the alleged deprivation; a defendant cannot be held liable for an incident in which the defendant was not involved.

Shannon v. Wexford Health Sources, Inc. · filed 2019-09-11

The Court also agrees with Judge Sison that there is insufficient evidence from which a reasonably jury could conclude that either defendant was one of the officers who responded to Plaintiff's asthma attack.

Section 1983 requires a defendant to be personally involved in the alleged violation.

Bryant-EL v. Corcoran · filed 2019-09-11

For liability to exist under 42 U.S.C. § 1983, a defendant must be personally involved in the alleged violation.

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

Andrews v. City of New York · filed 2019-09-11

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 defendant’s personal involvement in the alleged wrong; oversight of a prison unit alone does not establish liability.

HOTTLE v. GEORGE W. HILL CORRECTIONAL FACILITY · filed 2019-09-11

To be liable under § 1983, a defendant “must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988).

Section 1983 requires a defendant’s personal involvement in the wrongful conduct for liability.

Harmon v. Sussex County · filed 2019-09-12

Liability in a 42 U.S.C. § 1983 action is personal in nature, and to be liable, a defendant must have been personally involved in the wrongful conduct.

Section 1983 requires an official’s personal involvement in the alleged misconduct for an individual-capacity claim.

Owens, Allan v. Hepp, Randall · filed 2019-09-12

But he does not allege that Chandler was personally involved in those efforts, so I will not add him to the complaint in his personal capacity.

Section 1983 does not impose liability on a prison official whose only involvement is denying a grievance and failing to act on the information in it.

Guile 429156 v. Spence · filed 2019-09-12

Indeed, the Sixth Circuit has indicated that § 1983 liability may not be imposed where a prison official’s only involvement is the denial of an administrative grievance and failure to act based upon the information contained in the grievance.

Section 1983 requires facts showing how each defendant was causally linked to and directly responsible for the alleged violation of rights.

Proby v. Corizon Medical Services · filed 2019-09-12

Plaintiff is advised that he must allege facts that show how each defendant is causally linked to, and directly responsible for, violating his rights.

Section 1983 requires facts showing each defendant’s personal involvement, which may be established through personal direction or actual knowledge and acquiescence.

Ashford v. Francisco · filed 2019-09-12

While personal involvement for purposes of § 1983 may be established through allegations of personal direction or of actual knowledge and acquiescence, see Rode v. Dellarciprete, 845 F.2d 1195, 1297 (3d Cir. 1988), Plaintiff’s pleading is inadequate because, at present, it fails to allege facts that give rise to a plausible claim for relief.

Letters notifying a governor of an alleged injury and his ability to stop it do not alone state a § 1983 claim against him.

Stompingbear v. Kelley · filed 2019-09-13

Mr. Stompingbear argues that he wrote letters to Governor Hutchinson regarding his freedom to practice his religion while in the ADC and that Governor Hutchinson could have stopped the alleged injury that Mr. Stompingbear sustained (Dkt. No. 2, at 13). ... These allegations also do not suffice to state a claim under 42 U.S.C. § 1983, as explained by Judge Deere.

A § 1983 complaint must allege each defendant’s involvement and an affirmative link between that defendant’s actions and the claimed deprivation.

(PC) Tunstall v. Bick · filed 2019-09-13

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 connection between a defendant’s actions and the claimed deprivation.

(PC) Ausborn v. California · filed 2019-09-13

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

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

Nash v. Akinbayo · filed 2019-09-13

Accordingly, the Court will grant State Defendants’ motion to dismiss on the grounds that the Amended Complaint fails to adequately allege personal involvement of State Defendants as is required for a § 1983 claim.

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

Miles v. Ellison · filed 2019-09-13

To be held liable under §1983, a defendant must be “personally responsible for the deprivation of a constitutional right.”

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

Burns v. Cunningham · filed 2019-09-13

Plaintiff brings his claims under Section 1983 and so to state a claim he must allege that each defendant was personally involved in the deprivation of a constitutional right. ... Because Plaintiff’s Complaint fails to allege facts indicating that Defendants were directly and personally involved with the alleged deprivation of Plaintiff’s rights, the Complaint shall be dismissed.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in or responsibility for the alleged constitutional violation.

Munt v. Roy · filed 2019-09-13

As the magistrate judge observed, in order to state a § 1983 claim, a plaintiff must allege the Defendants’ personal involvement or responsibility for the alleged constitutional violations. ... The Court agrees with the magistrate judge that the Complaint does not sufficiently allege the former Commissioner’s personal involvement, nor identify the “policy” that Munt challenges.

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

(PC) Sherrod v. Unknown · filed 2019-09-16

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 a defendant’s personal involvement in the alleged constitutional deprivation; failing to respond to a letter or grievance alone does not establish it.

Saidock v. McClain · filed 2019-09-16

The failure of an official to respond to a letter or grievance is, alone, insufficient to show personal involvement.

Section 1983 permits recovery against an individual defendant only if that defendant personally participated in the wrongful conduct.

Farris v. Kohl · filed 2019-09-16

Farris has sued the Individual Department Defendants under § 1983. She can only recover from each Individual Department Defendant if each personally participated in the wrongful conduct.

Section 1983 requires allegations connecting a named defendant to the alleged retaliation.

Jones v. Jefferson County Justice Center · filed 2019-09-16

Because Plaintiff has not alleged a connection between any of the Defendants and the retaliation, Count 2 does not survive preliminary review.

An individual defendant is liable under § 1983 only if the defendant caused or participated in the constitutional deprivation.

Torres v. Harris · filed 2019-09-16

The allegations in the Complaint are not sufficient to show that Harris caused or participated in a constitutional deprivation. See Pepper v. Village of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005) (“to be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.”).

Section 1983 liability requires a causal link between a defendant’s conduct and the alleged deprivation of rights; the defendant must be directly involved or personally responsible.

Thomas-El v. Precynthe · filed 2019-09-16

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.” Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990). Here, while plaintiff may attribute his decision to engage in the described activity to the defendants’ refusal or failure to give him requested assistance/supplies, his allegations fail to demonstrate that any named defendant was directly involved in or personally responsible for any incident that harmed him.

A § 1983 complaint must allege facts showing how each defendant was personally involved in or directly responsible for violating the plaintiff’s rights.

Paul v. Smallen · filed 2019-09-16

Plaintiff has also failed to allege facts showing how each named defendant was personally involved in, and directly responsible for, violating his rights.

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

Laramore v. Thompson · filed 2019-09-16

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

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

Carrasco v. Griffin · filed 2019-09-16

All claims against Lt. Plimley and Lt. Norton are therefore dismissed for lack of personal involvement.

Section 1983 requires a defendant to be personally responsible for the alleged deprivation of rights.

Spence v. Duncan · filed 2019-09-17

Judge Sison also found that Duncan responded promptly to Spence’s grievances regarding the conditions in his cell and, furthermore, Duncan was not personally responsible for the alleged constitutional violations. ... The Court agrees with the remainder of Judge Sison’s findings, analysis, and conclusions.

Section 1983 requires allegations that each individual defendant caused or participated in the constitutional deprivation; naming a defendant only in the caption is insufficient.

Green v. Lochard · filed 2019-09-17

An individual defendant cannot be liable under Section 1983, unless he or she “caused or participated” in a constitutional deprivation. ... However, invoking a potential defendant’s name by listing him or her in the case caption is not enough to state a claim against that individual.

Section 1983 requires a showing of each defendant’s personal fault based on that defendant’s own conduct.

Chase v. Wexford Health Sources, Inc · filed 2019-09-17

Section 1983 also requires a showing of personal fault based upon a defendant’s personal conduct.

A § 1983 claim must allege action by the defendant that caused the claimed deprivation.

MARTINEZ v. TAX CLAIM BUREAU DIRECTOR STACY PHILE · filed 2019-09-17

Accordingly, the Court discerns no action on the part of the named Defendant – the Berks County Department of Human Services – that resulted in the termination. Even construing the allegations of the Complaint liberally, Martinez fails to state any plausible basis for a claim under § 1983 against this Defendant.

Section 1983 requires an official’s personal involvement in the deprivation of rights; liability cannot rest on respondeat superior.

Villalobos v. Western Regional Jail Authority · filed 2019-09-18

Moreover, for an official to be liable under § 1983, it must be “affirmatively shown that the official charged acted personally in the deprivation of the plaintiff’s rights. The doctrine of respondeat superior has no application under this section.” Vinnedge v. Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (quoting Bennett v. Gravelle, 323 F. Supp. 203, 214 (D. Md. 1971)).

A § 1983 complaint must identify the individual defendants and allege how each personally violated the plaintiff’s rights and caused injury.

Bartram v. Western Regional Jail Authority · filed 2019-09-18

Therefore, in light of the governing standards and principles, Plaintiff must amend his complaint to specifically name each individual that he believes violated his rights and must state how each individual violated Plaintiff’s constitutional rights, how those violations caused injury to Plaintiff, and the nature of the injuries.

Section 1983 requires a plaintiff to identify each individual defendant and allege how that person violated the plaintiff’s rights.

Snyder v. Western Regional Jail Authority · filed 2019-09-18

Therefore, in light of the governing standards and principles, Plaintiff must amend his complaint to specifically name each individual that he believes violated his rights and must state how each individual violated Plaintiff’s constitutional rights, how those violations caused injury to Plaintiff, and the nature of the injuries.

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

Franklin v. Bowens · filed 2019-09-18

For liability under § 1983, a defendant “must be personally responsible for the alleged deprivation of the plaintiff’s constitutional rights.” Mitchell v. Kallas, 895 F.3d 492, 498 (7th Cir. 2018). Franklin presented no evidence that the prison administrators were personally involved with his care, so they cannot be held liable.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the claimed misconduct.

Salami v. Gateway Foundation, Inc. · filed 2019-09-18

It is well-settled that a civil rights plaintiff must allege the personal involvement of a defendant to state a claim under § 1983.

Section 1983 does not impose liability on a supervisor for an incident in which the supervisor had no personal involvement.

Minyard v. Hooks · filed 2019-09-18

The superintendent of that institution, Carlos Hernandez, therefore cannot be held liable because he had no personal involvement in this incident.

A § 1983 damages claim requires a tangible connection between the defendant’s acts and the plaintiff’s injury; allegations that an official knew of a risk and failed to respond can establish personal involvement at the pleading stage.

Sheffer v. Fleury · filed 2019-09-18

Moreover, the § 1983 plaintiff must show a “tangible connection” between the acts of the defendant and the plaintiffs injuries. ... Yet as described above, and in light of the liberal pleading requirements due pro se litigants, see Hill, 657 F.3d at 122, Plaintiff has pled sufficient facts to support the reasonable inference that when he told—and wrote to—Smith that he was in “fear[] for his life and safety, because of the threats made by defendant[] Fleury,” Compl. 24, that fear encompassed sexual assault.

Section 1983 requires each defendant to be personally involved in the alleged constitutional violation.

Frost v. Westchester Department of Corrections · filed 2019-09-18

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

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

Williams v. Stephens · filed 2019-09-18

“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.”

Section 1983 permits individual liability only when the defendant personally directed the alleged misconduct or knew of and acquiesced in it.

FANTAUZZI v. WETZEL · filed 2019-09-18

Under 42 U.S.C. § 1983, individual liability is only warranted where an individual personally directed or knowingly acquiesced to the alleged misconduct.

Section 1983 requires evidence connecting each defendant’s conduct to the alleged constitutional violation.

King v. Marcy · filed 2019-09-19

Because they carry the ultimate burden of proving a causal connection between each Defendant’s conduct and any constitutional violation, in response to Defendants’ Motion, they were required to go beyond the pleadings and present affirmative evidence to show the existence of a genuine fact dispute.

Section 1983 imposes personal liability based on an individual defendant’s fault.

Oliver v. Sabens · filed 2019-09-19

Section 1983 creates a cause of action based on personal liability and predicated upon fault.

Section 1983 requires facts showing how an individual defendant caused or personally participated in the alleged rights violation.

Fowler v. San Juan County · filed 2019-09-20

To state a § 1983 claim, a plaintiff must allege facts showing how any individually-named defendants caused or personally participated in causing the constitutional or statutory violations alleged in the complaint.

Section 1983 does not impose liability on an inmate complaint examiner who reviews a grievance and medical records and decides the grievance without contributing to the alleged deprivation.

Tucker v. Cox · filed 2019-09-20

The plaintiff has not stated sufficient facts to allow him to proceed on a claim against the inmate complaint examiner Perttu. ... The complaint examiner did the job that a complaint examiner is supposed to do—review the complaint, review the records and decide. The court will not allow the plaintiff to proceed on a deliberate indifference claim against Perttu.

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

Pimental v. Rivera · filed 2019-09-20

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

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

Peterkin v. Quick Chill Food Services · filed 2019-09-20

A plaintiff asserting claims under § 1983 must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires each defendant to be personally involved in the alleged constitutional deprivation.

Hall v. Lidwell · filed 2019-09-20

“To establish liability for deprivation of a constitutional right under §1983, a party must show personal involvement by each defendant.” ... There is no evidence of record that Defendant Lidwell was personally involved in any of the alleged incidents of constitutional deprivation.

Section 1983 limits liability to public employees who are personally responsible for a constitutional violation.

Cobb v. Chester · filed 2019-09-23

Section 1983 limits liability to public employees who are personally responsible for a constitutional violation.

Section 1983 requires a defendant to have caused or participated in the constitutional violation for personal liability to attach.

Ezebuiroh v. Gray · filed 2019-09-23

Section 1983 “creates a cause of action based on personal liability and predicated upon fault; thus liability does not attach unless the individual defendant caused or participated in a constitutional violation.”

Section 1983 requires personal participation; learning of an alleged constitutional violation after it has been remedied is insufficient.

Gates v. LeGrand · filed 2019-09-23

Moreover, the Court agrees with Judge Carry’s key legal finding “that after-the-fact knowledge of an alleged constitutional violation, which was already remedied, cannot rise to the level of participation required for a § 1983 suit.”

Section 1983 requires each defendant’s personal involvement in the alleged wrongdoing; liability cannot rest on respondeat superior.

MARINKOVIC v. BATTAGLIA · filed 2019-09-23

Further, the plaintiff must demonstrate each defendant’s personal involvement in the alleged wrongdoing, because §1983 liability cannot be predicated on principles of respondeat superior. ... Here, the record is devoid of evidence showing that any of the named Defendants were involved in “cancelling” a bid that Plaintiff made on property held in the Tax Claim Bureau repository.

Section 1983 generally does not impose individual liability on a prison official merely for failing to process, investigate, or satisfactorily respond to a prisoner’s grievances.

Haendel v. Virginia Department of Corrections · filed 2019-09-24

That said, a prison official’s failure to process, investigate, or satisfactorily respond to a plaintiff’s grievances typically does not establish the kind of “personal involvement” needed to hold that official individually liable under § 1983.

Section 1983 permits personal liability for a senior prison official who learns of specific dangerous conditions through inmate communications and fails to act reasonably to address them.

Matthews v. Lamb · filed 2019-09-24

As the Court noted supra, although the usual defendants in claims regarding the conditions of individual prison cells are institutional officials who personally observe those conditions or to whom an inmate complains, a higher-level prison official who knows of specific conditions posing a serious risk to inmate safety through grievances or other written inmate communications may be subjected to personal liability if he or she fails to act reasonably to address that risk.

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

Drew v. City of New York · filed 2019-09-24

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 Defendants were personally involved in the events underlying his claims.

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

Clarke v. Knadler · filed 2019-09-24

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

White v. New York City Police Department · filed 2019-09-24

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 does not impose liability based solely on a defendant’s supervisory role; the defendant must be personally involved in the alleged constitutional violation.

Robinson v. Lynn · filed 2019-09-24

Moreover, even if there were a plausibly-alleged underlying constitutional violation, Plaintiff has failed to allege facts that go beyond a claim of “supervisory liability,” (Compl. ¶¶ 18–19), which is an insufficient basis for liability in § 1983 claims.

A § 1983 plaintiff must identify the individuals involved in the alleged deprivation of federal rights and state facts supporting each claim against them.

Rosario-Ramon v. Doe · filed 2019-09-24

Plaintiff must name as the defendants in the caption, and in the statement of claim, those individuals who were allegedly involved in the deprivation of his federal rights. And Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant he names.

Section 1983 requires plausible allegations of a defendant’s personal involvement in the alleged constitutional deprivation.

Brown v. Griffin · filed 2019-09-25

With regard to Griffin and Lamanna, the Court agrees with the Defendants that Plaintiff’s Amended Complaint insufficiently alleges personal involvement under 42 U.S.C. § 1983.

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

Huelle v. Sauceda · filed 2019-09-25

Here, Plaintiff is asserting a claim against Gorsuch under 42 U.S.C. § 1983. Gorsuch can only be liable under a Section 1983 claim if Gorsuch was personally involved in the alleged violation of Plaintiff’s constitutional rights: ... The Court finds that Gorsuch is entitled to summary judgment because Plaintiff has failed to present any admissible evidence that Gorsuch was personally involved in the alleged constitutional violation.

Section 1983 requires a plaintiff to link each defendant’s own act or omission to an alleged violation of federal rights.

(PC) Struggs v. Pfeiffer · filed 2019-09-25

In order to state a claim for relief under section 1983, Plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of Plaintiff’s federal rights.

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

Fields v. Griffith · filed 2019-09-25

Indeed, because Plaintiff failed to allege specific acts of wrongdoing by Kochanek and Nevels, neither of whom are Marion police officers, the personal involvement requirement necessary for Section 1983 liability is not met.

Section 1983 requires allegations that each individual defendant was personally involved in the alleged constitutional deprivation.

Minion v. Lindsey · filed 2019-09-25

The individual-capacity claims against Defendants McCoy and Brady will not be allowed to continue because Plaintiff makes no allegations that these Defendants were personally involved in the alleged deliberate indifference.

Section 1983 does not impose liability on an official whose only involvement in alleged misconduct is denying administrative grievances or failing to act.

Board 766060 v. Smith · filed 2019-09-25

The Sixth Circuit held that where the defendant’s only involvement in the allegedly unconstitutional conduct is “the denial of administrative grievances or the failure to act,” the defendant cannot be liable under § 1983. ... In light of the foregoing, the Court finds that Plaintiff fails to state a cognizable claim against Defendant McLean.

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

Hunnicutt v. Moore · filed 2019-09-25

In Section 1983 cases, a defendant’s personal involvement in the alleged constitutional violation is a necessary element of liability.

Section 1983 requires allegations that a defendant was personally involved in the alleged violation of the plaintiff’s rights.

Capogrosso v. Gelbstein · filed 2019-09-25

For the reasons set forth below, the Court adopts the R&R and grants in part and denies in part the State Defendants’ motion to dismiss. ... Third, Judge Bloom recommended that the Court grant the motion to dismiss Plaintiffs’ section 1983 claims as to Vahdatlamas and Morgan for failure to allege that either Defendant was personally involved in the alleged violations of Plaintiffs’ rights.

Section 1983 requires a supervisor’s personal involvement; denying a grievance after the alleged violation has ended does not, by itself, establish that involvement.

Monroe v. Gerbing · filed 2019-09-25

Gerbing’s July 28, 2015 response to Plaintiff’s grievance does not by itself indicate that Gerbing participated in Plaintiff’s alleged (and already completed) Free Exercise violations as to Plaintiff’s Ramadan-related allegations at Otisville.

Section 1983 requires personal involvement to hold an official individually liable; an alleged failure to investigate an assault alone does not establish it.

Smolen, Jr. v. Wesley · filed 2019-09-25

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” ... As to Holland, Plaintiff alleges that, after the alleged assaults, Holland “failed to conduct a thorough investigation into [Plaintiff’s] allegations.” (Am. Compl. 16.) This fails to plausibly allege personal involvement.

Section 1983 requires factual allegations connecting a defendant to the claimed deprivation of a federal right.

Shaw v. Connections · filed 2019-09-26

The Complaint,, however, contains no factual allegations directed towards Connections and Kristopher T. Starr. Therefore, they will be dismissed as Defendants pursuant to 28 U.S.C. § 1915(e)(2)(B)(@) and § 1915A(b)(1).

Section 1983 liability for an Equal Protection Clause violation requires a defendant’s personal involvement and discriminatory purpose.

Porter v. Half Hollow Hills Central School District · filed 2019-09-26

Furthermore, as the discriminatory intent must be possessed by an individual, “liability for an Equal Protection Clause violation under § 1983 requires personal involvement by a defendant, who must act with discriminatory purpose.” Reynolds, 685 F.3d at 204. The allegations in the amended complaint of personal involvement of any individual are few and far between.

Section 1983 damages require nonconclusory allegations of each defendant’s personal involvement in the alleged constitutional deprivation.

Williams v. Ponte · filed 2019-09-26

Plaintiffs also offer no non- conclusory allegations regarding the involvement of the Defendants—a defect that would be independently fatal to their claim.

Section 1983 requires each defendant’s personal involvement in the alleged constitutional violation; supervisory status alone is insufficient.

Wells v. Colvin · filed 2019-09-26

To establish liability against an official under § 1983, a plaintiff must allege that individual’s personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.

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

Camarata v. Portland Community College · filed 2019-09-26

For example, with the exception of Defendant Lang, Plaintiff has failed to allege that most of the individual Defendants had any personal involvement in the alleged constitutional deprivations as required by § 1983.

Section 1983 permits liability when a public official’s conduct proximately causes a constitutional injury, even if the official did not directly commit the harm.

Redmond v. Baxley · filed 1979-09-07

These propositions are mistaken because, aside from the question of fault or state of mind (discussed below), § 1983 only requires that there be a causal connection between the official’s conduct and the constitutional tort.

Section 1983 can reach officials who participate in a conspiracy to deprive a person of a protected interest without a hearing.

Zaccagnini v. Morris · filed 1979-10-31

None of defendants have demonstrated that they are outside the scope of § 1983 liability for participation in the conspiracy plaintiff alleges, and they concede that plaintiff was refused a hearing.

Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.

Williams v. State of Kansas · filed 2003-07-09

Moreover, Mr. Williams fails to allege facts establishing Simmons and Cummings personally caused a constitutional violation. “Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.”

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

Brevard v. Hackworth · filed 2019-09-27

Although Brevard briefly mentions each of the Defendants in the body of the Particularized Complaint, he fails to allege facts indicating that they were personally involved in the deprivation of his Eighth Amendment rights.

Section 1983 requires facts showing each defendant’s personal involvement; a supervisory position alone does not establish liability.

Brevard v. Nurse Desouza · filed 2019-09-27

Brevard’s Particularized Complaint is devoid of any facts that would plausibly suggest that Defendants Moore or Hackworth were personally involved in the incident with Nurse DeSouza.

Section 1983 requires facts showing what each defendant did to violate the plaintiff’s rights; a conclusory allegation that officials authorized others’ conduct does not state a claim against them.

(PC) Smith v. Becerra · filed 2019-09-27

Plaintiff was informed in the prior screening order that to state a claim, he must briefly describe the facts which show just what a defendant did to violate his constitutional rights. Plaintiff states throughout his SAC that high level officials “based on [plaintiffs] protected conduct before the Court authorized” other defendants to violate his constitutional rights. That statement is insufficient to support a claim against the high level officials.

Section 1983 requires an actual connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Gleason v. Botkin · filed 2019-09-27

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.

Section 1983 requires facts showing how each defendant’s action or inaction caused the alleged constitutional deprivation.

Allen v. Cardenas · filed 2019-09-27

Plaintiff has not stated a claim against Defendants Diaz, Montgomery, Pollard, Wood and Diaz because he has failed to allege specific facts regarding what actions were taken or not taken by these Defendants which caused the alleged constitutional violations.

An individual defendant can be personally liable under Section 1983 without casting a formal vote if the complaint plausibly alleges that the defendant participated in or knowingly facilitated the constitutional deprivation.

Taylor v. Country Club Hills School District 160 · filed 2019-09-27

But a formal vote is not necessarily needed. At the pleading stage, when the Court must view the allegations in the light most favorable to Taylor, it is reasonable to infer that Lett-Foreman participated, at least to some extent, in the Board’s decision to suspend Taylor, and that she knew about, facilitated, condoned, and turned a blind eye to the alleged constitutional violations.

Section 1983 requires facts plausibly showing a defendant’s personal involvement in the alleged denial of care.

McFadden v. Lombardo · filed 2019-09-27

Moreover, there is no basis for the Court to plausibly infer that defendant Lombardo (or defendant Foller) was personally involved in denying plaintiff's sick call requests -- for unexplained, and apparently non- emergency, needs -- between March 23 and March 29, 2019.

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

Duna v. The City of New York · filed 2019-09-27

Because Plaintiff must establish the personal involvement of a defendant in the alleged constitutional violation, the excessive force claim based on the alleged push into the turnstile fails.

Section 1983 requires a plaintiff seeking individual liability to allege the defendant’s personal involvement in the constitutional deprivation; unanswered letters alone are insufficient.

Jackson v. Stanford · filed 2019-09-27

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.” ... Accordingly, even drawing all inferences in his favor and construing his allegations liberally, Mr. Jackson has failed to allege Defendant Stanford’s personal involvement.

Section 1983 requires a defendant’s personal involvement in the alleged violation; claims against a defendant who was not personally involved must be dismissed.

GREEN v. MANROSS · filed 2019-09-27

Because Krzysiak was not personally involved in the issuance of the order to vacate the North Martin Street property, Plaintiffs’ arrest, or any other conduct that could have colorably violated Plaintiffs’ rights, the claims against Krzysiak must be dismissed.

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

Cramer v. Target Corporation · filed 2013-06-24

... Wheatly because the undisputed facts show that Wheatly had no involvement in the alleged constitutional violation.

Section 1983 requires a defendant’s personal responsibility for the alleged constitutional violation.

Shell v. Boyd · filed 2019-09-30

Thus, the defendants Shell has named had no personal responsibility for that decision and cannot be held liable for it under § 1983.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the wrongdoing.

Young v. Boggio · filed 2019-09-30

Moreover, the Magistrate Judge correctly determined that Young failed to allege the requisite personal involvement needed to maintain a § 1983 claim against the DoC Defendants.

A personal-capacity § 1983 claim requires an allegation that the defendant was personally involved in the alleged wrong.

(PC) Humes v. Sacramento County · filed 2019-09-30

And the Magistrate Judge correctly observes, “Plaintiff offers no allegation that Becerra personally wronged him in any way or, indeed, had any personal involvement whatsoever in the acts he complains of.”

Section 1983 requires allegations of each individual defendant’s personal involvement in the claimed constitutional violation; allegations against defendants as a group are insufficient.

Weise v. Colorado Springs, Colorado · filed 2019-09-30

Although she asserts that “defendants” violated her rights by filing the motion for contempt, see, e.g., Docket No. 41 at 3, 10-11, 21, ¶¶ 6, 42-43, 45, 97, general allegations that do not establish each individual defendant’s personal involvement in the alleged constitutional violation are insufficient to confer liability under § 1983.

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

Kramer v. Connecticut · filed 2019-09-30

Arnone and Murphy argue that plaintiff cannot establish their personal involvement in a constitutional violation. I agree. ... “[T]he personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... The record does not support a finding of personal involvement in the alleged deprivations of medical care as to either Arnone or Murphy.

A defendant who was personally involved in a false arrest or wrongful detention may be liable under § 1983 even if someone else wrote the false reports.

Pogodzinski v. Village of Skokie IL · filed 2019-09-30

That Iwanski might not have been the one who actually put pen to paper, so to speak, does not alleviate Iwanski of responsibility if Pogodzinski is able to show that Iwanski was otherwise personally involved in the false arrest and wrongful detention.

Section 1983 requires a plaintiff suing an individual state actor to allege what that person did to cause the deprivation of a federal right; conclusory allegations against a board do not suffice.

Gorenc v. Klaassen · filed 2019-09-30

Here, the Complaint only makes conclusory allegations against defendant Klaassen and KSBN. It does not allege any specific facts about defendant Klaassen or any other board members or what they allegedly did to deprive plaintiffs of any federal constitutional rights. ... These allegations do not suffice to state a claim that defendant Klaassen, acting under color of the Kansas collaborative practice statutes or regulations, proximately caused a violation of plaintiffs’ due process and equal protection rights.

Section 1983 requires a showing of personal fault to hold a defendant liable for a deprivation of rights.

Borkowski v. Dever · filed 2019-09-30

The statute requires a showing of personal fault, whether based upon the defendant’s own conduct or another’s conduct, in executing the defendant’s policies or customs.

Section 1983 does not impose liability on an official merely for knowing of a constitutional violation and failing to act.

Doe v. Baum · filed 2019-09-30

It is well established that mere knowledge and failure to act do not suffice to establish the liability of a party under 42 U.S.C. § 1983.