42 U.S.C. § 1983

Section 1983 does not impose liability on an official whose only involvement was reviewing a misconduct ticket and responding to a grievance.

Robinson 602273 v. Knack · filed 2019-09-30

Finally, although Plaintiff objects to the magistrate judge’s analysis regarding the claim against Defendant Moran, Plaintiff fails to show that Defendant Moran can be held liable when his only active conduct was reviewing a misconduct ticket with Plaintiff and responding to a grievance that Plaintiff had written.

Section 1983 requires allegations connecting each defendant to a violation of the plaintiff’s rights; merely naming a defendant does not state a claim.

Like v. Dowdy · filed 2019-09-30

Plaintiff fails to state a claim against defendants Captain Rick Hope and “Phelps County Jail Administrative Staff” because he never states any allegations against them in his complaint. ... Plaintiff merely lists these individuals as defendants without alleging, with any specificity, that they did anything to violate his rights.

Section 1983 requires a plaintiff to allege how each individual defendant personally participated in the claimed violation of constitutional rights.

Jasmaine f/k/a Duane L. Fox v. Arron · filed 2019-09-30

Generally, a plaintiff must allege how each individual defendant personally participated in the alleged violations of constitutional rights. As such, Plaintiff’s Amended Complaint would be subject dismissal on those grounds in any event.

A defendant must have personal involvement in the alleged wrong to be liable under § 1983 for false arrest or imprisonment.

DOTTS v. COLEMAN · filed 2019-09-30

Because Defendant Coleman has pointed to facts in the record, including his own affidavit and the police report from Officer Vecchione, to show he only arrested Plaintiff pursuant to the valid warrant out of the City of Long Branch, and there is nothing in the record to suggest he was involved in Plaintiff’s arrest for the robberies, the Court finds Defendant Coleman is entitled to summary judgment on Plaintiff’s claim for false arrest/imprisonment.

Section 1983 does not impose liability on prison officials solely for their role in handling a grievance about an alleged violation.

STEVENS v. DICKEY · filed 2019-09-30

To the extent Plaintiff's claims against Defendants Reeher, Moore and Overmeyer are based upon their role in the grievance process, Plaintiff's Amended Complaint fails to state a claim upon which relief can be granted.

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

KUZMINSKI v. WARREN COUNTY · filed 2019-09-30

In this Court’s estimation, the foregoing allegations are sufficient to establish the new Defendants’ personal involvement in contributing to the Decedent’s allegedly unconstitutional conditions of incarceration. ... For present purposes, the Court is not persuaded that the proposed amendments fail to state a viable §1983 claim.

Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation; naming an official without alleging specific conduct does not state a claim.

Walser 799054 v. Corrigan · filed 2019-10-01

Where a person is named as a defendant without an allegation of specific conduct, the complaint is subject to dismissal, even under the liberal construction afforded to pro se complaints. ... As noted above, Plaintiff fails to even mention Defendants Spiker, Theut, or Horton in the body of his complaint. Because his allegations fall far short of the minimal pleading standards under Fed. R. Civ. P. 8 (requiring “a short and plain statement of the claim showing that the pleader is entitled to relief”), Defendants Spiker, Theut, and Horton are properly dismissed.

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

Bloodywone v. Bellnier · filed 2019-10-02

“[I]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires allegations of a defendant’s misconduct; merely naming a defendant does not state a claim.

Allen v. Prentice · filed 2019-10-02

It is clear that merely naming a defendant, without any allegations against him is insufficient to state a claim.

Personal involvement under § 1983 is adequately pleaded when an officer’s allegedly fabricated report automatically causes the plaintiff to lose an occupational liberty interest.

Bell v. Makowski · filed 2019-10-02

Indeed, “[i]t is well-established that a plaintiff only may bring a § 1983 claim against those individuals personally responsible for the constitutional deprivation.” Doyle, 305 F.3d at 614. ... Thus, Bell has adequately pleaded Officer Stechly’s personal involvement in the deprivation of an occupational liberty interest.

A defendant must be personally involved in the alleged wrong to face individual liability under § 1983.

ROBERTSON v. GILMORE · filed 2019-10-02

Moreover, to establish personal liability against a defendant in a § 1983 action, the defendant must have personal involvement in the alleged wrongs.

Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Lachoy Roychelle Davis v. Andrade · filed 2019-10-03

Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights by their actions.

Section 1983 requires a plaintiff to connect an individual defendant personally to the alleged deprivation.

Montoya v. Herrick · filed 2019-10-04

Plaintiff has also failed to allege that Defendant personally prevented him from receiving such treatment.

Section 1983 requires a plaintiff to allege a connection between each defendant’s actions and the claimed deprivation of rights.

(PC) Ribot v. Smith · filed 2019-10-04

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.

Section 1983 requires a plaintiff to link each defendant’s conduct to the claimed deprivation of rights.

(PC) Rouser v. Gamboa · filed 2019-10-04

Plaintiff fails to link any conduct by the Defendants with any of the alleged violations.

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

MILLER v. FERGUSON · filed 2019-10-04

Since Miller does not identify a specific Defendant - - even in terms of an unknown John Doe who participated in the complained of conduct — he cannot allege a plausible claim based on any Defendant’s personal involvement in the alleged wrong or any Defendants’ possession of a sufficiently culpable state of mind.

A § 1983 claim against an individual defendant fails when the complaint alleges no action by that defendant.

Tripp v. Thomas · filed 2019-10-04

The inmate does not claim that Thomas was responsible for the policy and, in fact, alleges no action at all on his part. When a complaint fails to allege any action by a defendant, it necessarily fails to “state a claim to relief that is plausible on its face.”

Section 1983 requires facts connecting each named defendant’s actions to the alleged deprivation of rights.

(PC) Lopez v. Spearman · filed 2019-10-07

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 has failed to set forth any facts which may establish a causal link between the defendant’s actions and the alleged deprivation of rights.

Section 1983 requires a plaintiff to allege a causal connection between each defendant’s conduct and the claimed deprivation of rights.

(PC) Ramos v. Weiss · filed 2019-10-07

Here, as to defendant K. Richardson, plaintiff has failed to state a cognizable claim under 42 U.S.C. § 1983. Plaintiff has not articulated any actual connection between Richardson’s conduct and the alleged deprivation of plaintiff’s rights.

A § 1983 complaint must link each defendant to a wrongful act; conclusory allegations do not state a claim.

Wilson v. Members of San Quentin State Prison East Block Condemned Row 2 Building & Mail Room Members · filed 2019-10-07

His statements are conclusory and he fails to link any specific defendant with any wrongful act.

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

Ingram v. Sochacki · filed 2019-10-07

With respect to Dr. Sochacki, the Plaintiff has not presented any evidence that Dr. Sochacki was personally involved in any of the procedures which he claims violated his Eighth Amendment rights. “It is well settled . . . that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

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

Robbs v. McCrystal · filed 2019-10-07

Personal involvement in the alleged constitutional violation is a prerequisite for an award of damages under section 1983.

Section 1983 liability requires a causal link between the defendant and the alleged deprivation of rights, and direct responsibility for it.

Robison v. Lawson · filed 2019-10-07

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

Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; grouping defendants together without distinguishing their conduct is insufficient.

Lainez v. New York State Department of Corrections · filed 2019-10-07

To adequately plead a Section 1983 claim, a plaintiff “must plead that each Government- official defendant, through the official’s own individual actions, has violated the Constitution.” ... Accordingly, plaintiff has failed adequately to plead the defendants identified in the amended complaint were personally involved in the allegedly deliberate indifference to his medical needs, See Ashcroft v. Iqbal, 556 U.S. at 676.

A § 1983 claim against a supervisor can survive a motion to dismiss when the complaint alleges that the supervisor knew of the alleged violation and refused to investigate or correct it.

ROMANSKY v. GORGAN · filed 2019-10-07

Again, construing the pleadings liberally in Plaintiff's favor, he claims that Secretary Wetzel knew about his deficient diet but refused to investigate or correct it. As a result, this claim cannot be resolved at the pleadings stage and the motion to dismiss will be denied.

Section 1983 liability for false arrest requires a causal connection between the officer’s acts or omissions and the alleged violation.

Stallworth v. Hurst · filed 2019-10-08

To establish Section 1983 liability for false arrest in the Eleventh Circuit, a plaintiff must allege an affirmative causal connection between the officer’s acts or omissions and the alleged violation.

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

(PC) Jones v. Placer County Sheriff's Office · filed 2019-10-08

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 to have personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Kendrid v. Forester · filed 2019-10-08

However, in any amended complaint, plaintiff 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 to be personally responsible for the deprivation of a constitutional right.

Barkes v. Wexford Health Sources · filed 2019-10-08

Section 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.”

Section 1983 requires an individual defendant to have been personally involved in or responsible for the alleged constitutional deprivation.

Washington v. Wainscott · filed 2019-10-08

For an individual to be liable for a constitutional violation, that individual must have been personally involved or responsible for the alleged constitutional deprivation.

A § 1983 complaint must allege specific conduct by each named defendant; naming a defendant without alleging personal involvement fails to state a claim.

Brown v. Well Path Medical Service · filed 2019-10-08

Where a person is named as a defendant without an allegation of specific conduct, the complaint is subject to dismissal, even under the liberal construction afforded to pro se complaints.

Section 1983 imposes personal liability only on a defendant who caused or participated in a constitutional deprivation.

Buie v. Bacon · filed 2019-10-09

As to Mickinzie, Grashan, and Gonzalez, Plaintiff does not allege that they were personally involved in the either of the alleged constitutional violations. See Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996) (“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 deprivation.”). They will be dismissed.

Section 1983 requires a plaintiff to allege facts showing how each individual defendant violated the Constitution.

Knight v. Does · filed 2019-10-09

Pursuant to § 1983, Knight must, at minimum, allege some factual content to describe how each individual person he seeks to sue violated the Constitution.

Section 1983 requires evidence that the defendant personally committed the alleged misconduct.

Kimble v. Coffeeville Police Dept. · filed 2019-10-09

More importantly, Kimble has not offered any proof that it was specifically Officer Vance who made such a threat.

Section 1983 requires factual allegations showing a named defendant’s involvement in the alleged rights violations.

Miller v. Akron Police Department · filed 2019-10-09

Where defendants are named in the caption of a complaint without factual allegations indicating their involvement in the rights violations alleged, the complaint is subject to dismissal even under the liberal construction afforded pro se pleadings.

Section 1983 requires an individual officer’s personal participation in the alleged wrongdoing; it does not impose respondeat superior liability.

Flores v. City of Pasadena · filed 2019-10-10

Individual police officers can only be held liable under Section 1983 upon a showing of personal participation in the alleged wrongdoing; “there is no respondeat superior liability under section 1983.” Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002).

Section 1983 requires a plaintiff to identify each defendant’s actions or omissions and explain how they violated the plaintiff’s constitutional rights.

Johnson v. Hernandez · filed 2019-10-10

While Plaintiff identities three Defendants on the coversheet of the Complaint, Plaintiff fails to describe their individual actions or omissions in the body of the Complaint. To proceed with a civil rights action, Plaintiff must identify the specific actions of each individual defendant and describe how they violated his constitutional rights.

Section 1983 makes a defendant liable only for his own conduct, not the conduct of other officials.

Richardson 373809 v. Thomas · filed 2019-10-10

Plaintiff’s allegations encompass actions by multiple prison officials, but RUM Thomas is the only individual named as a defendant to the complaint, and he is liable under § 1983 solely for his own conduct; he is not liable for the conduct of other officials.

A § 1983 claim against a defendant requires allegations of that defendant’s personal involvement in the alleged deprivation of rights.

Thompson v. Snortland · filed 2019-10-10

Furthermore, a plaintiff must allege the defendant’s direct or personal involvement in the alleged constitutional deprivation.

Section 1983 does not support a claim against an officer whose alleged involvement was limited to criticizing another officer and advising the plaintiff to get legal help.

Graves v. Mays · filed 2019-10-10

Graves’s only allegation pertaining to Officer Mays is that he told Officer Lee that “he was wrong” and told Graves “to get legal help.” These allegations do not state a claim against Officer Mays.

Section 1983 requires allegations of an official’s personal involvement to support a damages claim against that official in an individual capacity.

Montpelier v. Green Mountain Care · filed 2019-10-11

There are no allegations of personal involvement, and any claim for damages against Gustafson in his individual capacity is therefore dismissed.

Section 1983 requires a plaintiff seeking damages to plausibly allege each defendant’s personal involvement in the constitutional injury.

Rodriguez v. Grullon NYC 311 · filed 2019-10-11

Here, Plaintiff fails to allege such personal involvement by any of the remaining Defendants.

Section 1983 requires factual allegations that a defendant was personally involved in conduct violating the plaintiff's constitutional rights.

Perez v. Donahue · filed 2019-10-11

In the absence of factual allegations sufficient to plausibly suggest that the defendant was personally involved in conduct that violated Plaintiff's constitutional rights, the complaint fails to state a cognizable claim against him/her.

Section 1983 requires facts tying each defendant’s own acts or omissions to the alleged deprivation of rights.

Reed v. Paramo · filed 2019-10-15

Plaintiff has not stated a claim against Covello because Plaintiff fails to allege any facts that show Covello had any direct involvement in Plaintiff’s transfer to another prison or that Covello was aware of Plaintiff filing grievances.

Section 1983 does not impose respondeat superior liability; a defendant must be personally responsible for the alleged constitutional deprivation.

Nash v. Dimas · filed 2019-10-15

There is, however, no respondeat superior or liability under § 1983 as defendants are only liable for their own wrongdoing. ... As Plaintiff fails to allege any personal participation by Defendant Dimas, he is DISMISSED.

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

James-Bey v. N.C. Dept. of Public Safety · filed 2019-10-15

Despite the Court’s previous admonition [Doc. 18 at 3], the Plaintiff has named various Defendants without describing how each Defendant personally participated in the alleged constitutional violations. These include Defendants Dellaripa, Brown, and Greene. The Court will, therefore, dismiss these Defendants.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; failure to investigate an incident does not establish that involvement.

Harris v. Westchester County Department of Corrections · filed 2019-10-15

Failure to investigate claims or incidents also does not sufficiently allege personal involvement in a constitutional violation.

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

Samuel v. Lopez · filed 2019-10-15

A plaintiff proceeding under § 1983 must set forth facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires allegations that each defendant was personally involved in the claimed rights violation; naming defendants only in the caption is insufficient.

Dudley v. Clark · filed 2019-10-15

Plaintiff named Defendants Clark, Lucas, Addison, Saylor, and Briggs in the caption, but there no averments related to them in the body of the complaint.

Section 1983 requires a defendant’s personal action or omission to be causally connected to the alleged deprivation of rights.

Cooley v. Yates · filed 2019-10-16

Thus, he has not demonstrated the necessary personal action and causation required for a § 1983 claim against any of them.

A § 1983 claim against a defendant must allege conduct by that defendant that violated the plaintiff’s rights.

Parsley v. SWVRJA · filed 2019-10-16

Finally, although Parsley names B. Parks as a defendant, he does not describe any action that Parks has taken to violate his constitutional rights. ... For the stated reasons, I will summarily dismiss this action under § 1915A(b)(1) without prejudice for failure to state a § 1983 claim upon which relief can be granted.

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

(PC)Perez v. Moreland · filed 2019-10-17

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

(PS)Jones v. Tredinnick · filed 2019-10-17

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 plaintiff to allege facts showing each defendant’s personal responsibility for the deprivation of rights.

Harris v. Proffer · filed 2019-10-17

Plaintiff is required to allege facts demonstrating the personal responsibility of the defendant or defendants for harming him. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (stating that § 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights”).

Section 1983 does not make an officer liable for another officer’s conduct when he was unaware of it.

Robinson v. Brooks · filed 2019-10-18

Plaintiff alleges that CO Johnson nevertheless directed him to work until breakfast, but there is no allegation that CO Brooks was aware of Johnson’s order. Thus, he cannot be held responsible for the fact that Plaintiff may have worked a short time even though he had a medical excuse to remain in his cell.

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

Bagley v. Ortiz · filed 2019-10-18

Bagley concedes that Blackman had no personal involvement in the underlying actions, and so the Court enters judgment for Blackman and only addresses the Defendant Officers’ arguments as they relate to Delgado.

Section 1983 requires personal involvement for individual liability; a nonmedical prison official may rely on medical professionals when the official has no reason to believe the prisoner is receiving inadequate care.

Clark v. Wexford Health Sources, Inc. · filed 2019-10-18

“[I]ndividual liability under § 1983 … requires personal involvement in the alleged constitutional deprivation.

Section 1983 requires a defendant's personal involvement in the alleged adverse action to support a retaliation claim.

Boyd v. Doe 1 · filed 2019-10-18

Thus, there is no basis for the Court to plausibly infer that Corrections Sergeant Burgess was personally involved in any alleged adverse action.

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

McNeary v. Oklahoma Department of Corrections · filed 2019-10-18

Personal participation is “an essential” element in a § 1983 action.

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

Turner v. Indiana Department of Correction · filed 2019-10-21

“[Section] 1983 lawsuits against individuals require personal involvement in the alleged constitutional deprivation to support a viable claim.” ... Mr. Turner doesn’t allege that Commissioner Carter is personally involved with his claims.

Individual liability for money damages under Section 1983 requires personal involvement in the alleged constitutional deprivation.

VELEZ v. KING · filed 2019-10-21

Individual liability for money damages under 42 U.S.C. § 1983 “requires personal involvement in the alleged constitutional deprivation.”

Section 1983 requires a plaintiff to connect each individual defendant to the alleged deprivation of rights.

Garcia v. Richards · filed 2019-10-21

Moreover, plaintiff has failed to assert the responsibility of any of the named defendants for harming him. Liability in a § 1983 case is personal.

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

Williams v. Sposato · filed 2019-10-21

Moreover, Williams does not allege that Corporal Hardy and the Correction Officers had any personal involvement in the allegedly “very harsh and foul living conditions” to which he was purportedly subjected at the NCCC; nor in his allegedly retaliatory transfer “to the main” on December 3, 2012.

Section 1983 requires facts linking each defendant’s acts or omissions to a violation of the plaintiff’s federal rights.

(PC) Solvey v. Gates · filed 2019-10-22

Here, although Plaintiff names Gates, Lopez, Davenport, Holidy, Spaeth and Blakenship as Defendants, Plaintiff fails to link any of these individuals to an affirmative act or omission giving rise to his alleged constitutional violations.

A § 1983 complaint must state what each defendant did to cause the alleged deprivation of constitutional rights.

(PC) Camposeco v. Stamper · filed 2019-10-22

Plaintiff’s first amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556 U.S. at 678-79.

Section 1983 does not make officials liable for merely responding to grievances or appeals about an alleged deprivation.

Stevens v. Snead · filed 2019-10-23

Accordingly, the defendants are not liable under § 1983 for their responses to the grievances or appeals.

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

Rivera v. Town Of Cicero · filed 2019-10-23

It is well established in this circuit that a plaintiff asserting claims under 42 U.S.C. § 1983 must allege that each defendant was personally involved in the alleged constitutional deprivation.

Section 1983 requires allegations of each defendant’s personal participation; employment or supervisory status alone is insufficient.

Stephens v. Oklahoma Department of Corrections · filed 2019-10-23

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 requires a plaintiff to allege each defendant’s personal involvement in the violation of the plaintiff’s rights.

WILSON v. WOLFE · filed 2019-10-23

Wilson has also failed to explain how any of the named Defendants were involved in the violation of his rights.

Section 1983 does not impose liability on officials who did not make the challenged decision to deny a religious diet.

Al Saud 108844 v. Arpaio · filed 2019-10-24

Indeed, there is no evidence in this Record that Herrera and Ogar made the decision to deny Plaintiff the specific diet he requests and summary judgment will be granted in favor of Defendants Herrera and Ogar.

Section 1983 requires a defendant to be personally involved in the wrongful conduct to be liable.

Biggins v. Phelps · filed 2019-10-24

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 allegations showing how each individual defendant was personally responsible for violating the plaintiff’s rights.

SCOTT v. CITY OF PHILADELPHIA · filed 2019-10-24

Second, the plaintiff has not stated a claim against the individual defendants. He does not allege what each one of the defendants did and when. There is nothing in the complaint showing how any of the individual defendants was responsible for violating the plaintiff’s rights through his or her own misconduct or his or her deliberate indifference to a known deficiency in a policy or procedure.

A § 1983 claim requires facts showing that the defendant personally denied the plaintiff’s constitutional rights; a conclusory allegation of involvement is insufficient.

Ballard v. Hatley · filed 2019-10-25

A § 1983 action must fail where the plaintiff fails to allege that the defendant personally denied plaintiff’s constitutional rights.

Section 1983 requires a plaintiff to allege how each defendant was personally responsible for the claimed harm.

SAUNDERS v. GEO GROUP INC. · filed 2019-10-25

Moreover, Mr. Saunders again fails to describe with any specificity how each named defendant was personally responsible for the alleged harm he suffered as a result of the conditions he describes.

Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Gray v. Odeluga · filed 2019-10-28

Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.

Section 1983 does not impose individual liability on a prison official merely for denying or mishandling a grievance.

Haynes v. Jaimet · filed 2019-10-28

The simple denial or mishandling of a grievance does not state a claim.

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

Harnois v. University of Massachusetts at Dartmouth · filed 2019-10-28

Although Harnois names all defendants under Count III, he does not plead facts to indicate that any defendants other than Cummings, Majewski, Gomes, and Helm had influence over the initiation or execution of the disciplinary process. Accordingly, the court will permit Harnois to maintain Count III against these defendants only.

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

Johnson v. Social Security Administration · filed 2019-10-28

But Plaintiff fails to allege facts suggesting that Defendants Zanni, Terry, and IMA failed to provide him with due process or had any personal involvement in the Social Security Administration’s decision to deny his application for benefits.

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

Debellis v. Andrew Nash and James Flynn · filed 2019-10-28

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 facts showing how any of the named Defendants were personally involved in violating his constitutional rights, or even what role they played in what occurred.

Section 1983 requires allegations of a defendant’s personal involvement to support individual liability.

Thomas v. Core Civic, Inc. · filed 2019-10-28

All the other individual Defendants, however, will be dismissed for Plaintiff’s failure to allege their personal involvement in violating his constitutional rights.

Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Flow-Sunkett v. Diaz · filed 2019-10-29

Each Plaintiff must demonstrate that each defendant personally participated in the deprivation of his or her rights.

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

(PC) Ardds v. Hicks · filed 2019-10-31

The statute plainly 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 each defendant’s personal involvement in a constitutional violation.

Adams v. FBI San Francisco Field Office Supervisor and Agents · filed 2019-10-31

Moreover, Plaintiff has failed to allege facts demonstrating each individual’s personal involvement in a constitutional violation.

Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right; supervisory position alone does not establish liability.

Johnson v. Flores · filed 2019-10-31

Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.”

Section 1983 requires a plaintiff to describe what each defendant did or failed to do to violate the plaintiff’s rights.

Young v. Does · filed 2019-10-31

Further, to state a claim, a plaintiff must describe what each defendant did or failed to do that violated his constitutional rights.

Section 1983 requires an excessive force complaint to identify which defendants used force and what they did.

Davis v. Baltimore City Community College · filed 2019-10-31

Because Plaintiff has not alleged who, other than Defendant Moore, used excessive force, what actions contributed to the excessive force, or when the excessive force occurred in relation to Plaintiff's kick, he does not sufficiently allege an excessive force claim under § 1983.

Section 1983 permits liability against an individual defendant only for that defendant’s own conduct.

Barrow v. Wexford Health Sources, Inc. · filed 2019-11-01

The grievances filed before this lawsuit concerned events that preceded Dr. Trost’s tenure as medical director, but he can be liable under § 1983 only for his own conduct.

Section 1983 requires an officer’s personal involvement or integral participation in the alleged violation; presence alone is insufficient.

Gilles v. The People of the State of California · filed 2019-11-01

Either personal involvement or integral participation of the officer in the alleged constitutional violation is required before liability may be imposed; liability may not be imposed based solely on an officer’s presence during the incident.

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

Burnes v. Suda · filed 2019-11-01

“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.’” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)). I will dismiss the action against defendant Lepore without prejudice to repleading.

Section 1983 requires the defendant to have caused the alleged deprivation of rights.

McMillian v. White · filed 2019-11-04

Specifically, defendant took no action to cause any deprivation of rights of plaintiff.

Section 1983 permits liability only for a defendant’s own conduct; a prison doctor is not liable for a separate meal provider’s failure to serve prescribed meals.

Delaney v. Jamaldeen · filed 2019-11-04

Because “liability may be imposed based only on an official’s own conduct,” Delaney cannot fault Dr. Jamaludeen for the separate meal provider’s alleged failure to provide the correct meals.

Section 1983’s personal-involvement requirement can be met by facts showing that a jail administrator personally denied care or knowingly condoned a nurse’s conduct.

Griffin v. Hollis · filed 2019-11-04

Griffin has sufficiently set forth facts regarding the personal involvement of Administrator Beck to support liability.

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

Hayes v. Harrison · filed 2019-11-04

However, Plaintiff has not alleged which Defendants used excessive force, and has failed to make any factual allegations that any of the named Defendants denied him medical care. Thus, Plaintiff has failed to state a claim upon which relief can be granted.

Section 1983 requires allegations of each defendant’s personal involvement in the alleged wrongdoing.

Truidalle v. Brookhart · filed 2019-11-04

Because Plaintiff failed to allege specific acts of wrongdoing by these individuals, the personal involvement requirement necessary for Section 1983 liability is not met.

Section 1983 requires a plaintiff to allege facts showing how each defendant caused or personally participated in the claimed harm.

Humphreys v. Burgher · filed 2019-11-05

To state a claim under 42 U.S.C. § 1983, plaintiff must allege facts showing how a defendant caused or personally participated in causing the harm alleged in the complaint.

Section 1983 requires a plaintiff to link each defendant’s actions to the alleged deprivation of rights.

(PC) Alexander v. Kuppinger · filed 2019-11-05

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.

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

Donald v. Warden · filed 2019-11-05

Additionally, because Plaintiff failed to allege specific acts of wrongdoing by the Warden, Medical Director, and CAO, the personal involvement requirement necessary for Section 1983 liability is not met.

Section 1983 requires allegations of each defendant’s own conduct; supervisory status or knowledge of complaints alone does not establish personal liability.

Jordan v. LaPorte County Jail Staff · filed 2019-11-05

Allegations that the defendant is a supervisor or that the defendant knew of his complaints will not suffice.

Section 1983 requires allegations connecting the defendant to the challenged conduct; placing a prisoner in a cell does not alone establish responsibility for its conditions or the length of confinement.

Watkins 704896 v. Simon · filed 2019-11-05

Whether or not the conditions were inhumane, Plaintiff has failed to allege that Defendant Simon is responsible for the conditions in the cell or for keeping Plaintiff in the cell for such an extended period of time.

A § 1983 plaintiff must show that each defendant’s acts or omissions caused the alleged deprivation of constitutional rights.

Johnson v. Mohr · filed 2019-11-05

A § 1983 plaintiff must show each defendant’s acts or omissions caused the alleged deprivation of his constitutional rights.

Section 1983 requires allegations that each defendant personally acted to violate the plaintiff’s rights.

GRIFFIN v. WETZEL · filed 2019-11-05

Griffin also does not explain how Defendants Wetzel and Wilcox were involved in the grievance process or otherwise personally acted to violate his due process rights.

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

Jett v. Mejia · filed 2019-11-06

Finally, the court reminds Jett that § 1983 requires that an individual be personally involved in the alleged constitutional violation.

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

(PC) Blackwell v. Jenkins · filed 2019-11-06

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

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of a federal right.

Baptiste v. Hatton · filed 2019-11-06

First, Section 1983 requires a plaintiff to demonstrate that each defendant personally participated in the deprivation of his rights. ... Accordingly, the complaint fails to state a cognizable Section 1983 claim against any of the named defendants.

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

N.Y. v. San Ramon Valley Unified School District · filed 2019-11-06

"A plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights." ... In his opposition, N.Y. points to no factual allegations that could support a finding that Schmitt or Reimann engaged in the conduct on which the Second Cause of Action is based, and the Court, having reviewed the 4AC, finds none.

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

Maldonado v. Fischer · filed 2019-11-06

It is well settled that the personal involvement of defendants in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983. ... This is sufficient to establish Susanna Mattingly’s personal involvement in the imposition of DSO parole conditions challenged by plaintiff.

Section 1983 does not impose liability on an official merely for responding to or participating in a grievance procedure.

Sweeting v. Department of Rehabilitation and Correction · filed 2019-11-06

Responding to a grievance or otherwise participating in the grievance procedure is insufficient to trigger liability under 42 U.S.C. § 1983.

Section 1983 requires a plaintiff to allege how each defendant personally participated in the deprivation of a federal right.

(PC) Smith v. Municipality of Fresno County · filed 2019-11-07

Additionally, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... As an initial matter, Plaintiff fails to provide specific allegations regarding what each defendant did or said to him.

Section 1983 requires facts connecting each defendant’s personal participation to the alleged deprivation of rights.

(PC) Sharpe v. Sherman · filed 2019-11-07

Additionally, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... The Court does not find sufficient information to allow a claim against any other defendant based on insufficient factual allegations regarding their responsibility for the issues in the complaint.

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

Smith v. Westchester County · filed 2019-11-07

Because Plaintiff fails to allege the personal involvement of Individual Defendants in the alleged unconstitutional deprivations at issue, his claims against them are dismissed.

Section 1983 requires allegations identifying what each defendant personally did to violate the plaintiff’s rights; naming defendants and alleging violations generally is insufficient.

Kouassi v. Stephenson · filed 2019-11-07

Therefore, simply listing defendants in the case caption and generally alleging constitutional violations in the body of the complaint is insufficient to state a plausible § 1983 claim for relief against any specific defendant.

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

Oatsvall v. Core Civic Inc. · filed 2019-11-07

All the other individual Defendants, however, will be dismissed for Plaintiff’s failure to allege their personal involvement in violating his constitutional rights.

Section 1983 imposes individual liability only on a defendant who caused or participated in a constitutional deprivation.

Ammerman, Paul v. Singleton · filed 2019-11-08

As an initial matter, the court will dismiss plaintiff’s claim against Captain Crapser as plaintiff failed to make any argument or present any evidence regarding his involvement ... in the retaliation for which he seeks redress. See Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996) (“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 deprivation.”) (quoting Sheik–Abdi v. McClellan, 37 F.3d 1240, 1248 (7th Cir. 1994)).

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

Wright v. Beyers · filed 2019-11-08

Plaintiff also does not provide any facts showing personal involvement by Blackard and Punke.

Section 1983 requires a complaint to allege each individual defendant’s personal involvement in the wrongdoing.

Gillum v. Jeffreys · filed 2019-11-08

Because Plaintifffails to allege specific actsof wrongdoing by each individual, he fails to plead the personal involvement requirement necessary for Section1983 liability.

Section 1983 liability requires a defendant's personal involvement in the alleged constitutional deprivation.

McIntosh v. Reaves Jr. · filed 2019-11-08

A prerequisite for liability under a § 1983 claim is “personal involvement” by the defendants in the alleged constitutional deprivation.

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

Szubielski v. Pierce · filed 2016-01-26

The complaint and its amendment contain no allegations against ' Defendant David Parker. See Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir.2005) (individual government defendant in a civil rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of re-spondeat superior.).

Section 1983 requires a plaintiff to link each defendant personally to the alleged violation of federal rights.

Quiñones v. Puerto Rico Electric Power Authority · filed 2016-07-27

Moreover, a plaintiff must link each particular defendant to the alleged violation of federal rights. ... Moreover, Plaintiffs have not presented any form of acceptable evidence at this stage to establish each Defendant’s involvement in the challenged employment decision.

Section 1983 does not impose liability on prison administrators for deferring to a physician’s medical judgment about an inmate’s care.

McArthur v. Tilden · filed 2016-09-12

Likewise, the remaining defendants — administrators who were sued on the theory that they contributed to the denial of McArthur’s shoes because they did not respond more quickly to his grievances and requests for medical records — could not have faced liability independently of Dr. Tilden because these defendants had deferred to his exercise of medical judgment.

Section 1983 permits a jury to infer that senior prison officials knew of systemic prison conditions, but localized conditions require evidence of their knowledge.

Perkins v. Williams · filed 2018-01-17

The three remaining conditions—the infestations, the inadequate access to personal hygiene products, and the “hit or miss” access to cleaning supplies—are all arguably systemic, and therefore a jury could infer that Williams and Engleson were aware of what Perkins was enduring and consciously disregarded the risk of harm.

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

Barbee v. Mayo · filed 2019-11-12

As alleged, Barbee fails to identify how any of the named Defendants were personally involved in the deprivation of his due process rights as necessary to sustain Claim Three. Accordingly, Claim Three will be DISMISSED WITHOUT PREJUDICE.

Section 1983 requires a defendant’s personal involvement; officials who can end an inmate’s confinement are personally involved in deciding its duration.

Thomas v. Tice · filed 2019-11-12

The PRC had the authority to end Thomas’s administrative confinement in the dry cell and return him to the general population, so PRC members were personally involved in determining the duration of Thomas’s confinement in the dry cell.

A § 1983 retaliation claim requires specific facts connecting the defendants to the alleged adverse actions.

White v. McBurney · filed 2019-11-12

Where Mr. White does not succeed, however, is in backing up his allegations with sufficient factual content to permit an inference of liability on the part of the defendants.

Section 1983 requires facts showing a defendant’s personal involvement to support an individual-capacity claim.

Benton v. Kelley · filed 2019-11-13

We also conclude that Benton’s First Amendment claims against defendants in their individual capacities were properly dismissed because Benton failed to plead facts indicating that defendants were personally involved in the handling of his letter.

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

Withers v. Soloway · filed 2019-11-13

Because Dr. Soloway treated Withers for gastrointestinal complaints and had no personal involvement with his treatment in the HCV Clinic, the district court did not err in granting summary judgment to Dr. Soloway.

A § 1983 excessive-force claim must allege that a defendant was responsible for the force used.

Whitaker v. McDougall CC · filed 2019-11-13

As plaintiff does not allege that any defendant was responsible for this second use of force, despite instructions in the amended complaint form directing him to do so, he has not complied with the requirement that he give the defendants fair notice of his claim.

Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory position alone does not establish liability.

Walston v. Akinbayo · filed 2019-11-13

Absent any allegation of personal involvement, Plaintiff’s § 1983 claims against Akinbayo cannot stand.

Section 1983 requires a plaintiff to allege how each defendant was personally involved in the acts underlying the claimed violation.

Cordova v. Grant · filed 2019-11-13

To state a claim for relief, Plaintiff must show how each Defendant is accountable because the Defendant was personally involved in the acts about which he complains.

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

Lebron v. Mrzyglod · filed 2019-11-13

Lee is also not otherwise alleged to have participated in any constitutional violation. Accordingly, the Court grants summary judgment as to Lee for lack of personal involvement in Plaintiff’s failure to protect claim.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged wrongs with sufficient particularity.

Hart v. City of Philadelphia · filed 2019-06-20

the District Court determined that Hart failed to allege personal involvement with sufficient particularity. See Rode v. Dellarciprete, 845 F.2d 1195, 1207–08 (3d Cir. 1988) (noting a defendant in a § 1983 action must have personal involvement in the alleged wrongs, and such personal involvement must be alleged with appropriate particularity); ... Upon our review of Hart’s second amended complaint, we agree that Hart has alleged, but has not shown, that he is entitled to relief.

Section 1983 requires evidence of a defendant’s personal involvement in the alleged deprivation; a supervisory role alone does not establish liability for delayed medical care.

MAXWELL v. YORK · filed 2019-07-23

His attempt to draw a reasonable inference of her earlier knowledge from the undisputed facts fails because it is based solely on conjecture and speculation.

Section 1983 requires an individual defendant to cause or participate in a constitutional deprivation; merely approving a prisoner’s cell placement does not establish personal involvement.

Sangathit v. Lawrence · filed 2019-11-14

Section 1983 creates a right of action based on personal liability and predicated on fault; thus, “to be liable under 1983 an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005) (citations omitted). Mere administrative approval of the placement into a certain cell does not amount to the personal involvement that is required to trigger potential liability in a civil rights claim.

Section 1983 individual-capacity claims require evidence connecting the named defendants to the alleged deprivation.

Carter v. Lassiter · filed 2019-11-14

Plaintiff’s claims against Defendants in their individual capacities are unsupported by any evidence and Defendants will be granted summary judgment on this basis.

A government official is individually liable under Section 1983 only if the official personally participated in the alleged denial of rights.

Sisk v. Holden · filed 2019-11-14

For a government official to be held liable under Section 1983 in his individual capacity, the plaintiff must demonstrate that the defendant personally participated in the alleged denial of rights.

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

Bruno v. The City of Schenectady · filed 2019-11-14

“[T]he personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... For the above reasons, the Court grants Defendants’ motion as to Defendants DellaRocco and Faarstad and dismisses those Defendants from this action. However, the Court denies Defendants’ motion as to their argument that Defendant Mattice was not personally involved in the alleged constitutional violation.

Section 1983 requires a prison official’s personal involvement in an alleged constitutional violation; a place in the chain of command alone is insufficient.

West v. Turner · filed 2019-11-14

To establish liability against a prison official under section 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 prison['s] chain of command.”

Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

Mousa v. Trump Administration · filed 2019-11-15

Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff’s rights.

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

Martinez v. Tilden · filed 2019-11-15

Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.”

Section 1983 requires an individual defendant’s personal fault and participation in a constitutional deprivation.

Jones v. McShan · filed 2019-11-15

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

Section 1983 requires a plaintiff to allege an identified official’s personal involvement in a constitutional violation.

Wright v. Bowen · filed 2019-11-15

Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983. ... Plaintiff Wright’s Complaint contains no allegations of any actions by any of the named individual Defendants, much less individualized actions that violated Wright’s constitutional rights.

Section 1983 requires allegations that each government official defendant personally violated the plaintiff’s constitutional rights through that official’s own actions.

Borges313886 v. Napier · filed 2019-11-18

To properly plead a constitutional violation under § 1983, Plaintiff must “plead that each Government-official defendant, through the official’s own individual actions, has violated the constitution.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). Plaintiff has not plead a constitutional claim relating to being placed in a restraint chair, and the allegation that other officers “stood by” during alleged excessive force does not allege that those officers personally violated Plaintiff’s rights.

Section 1983 requires a plaintiff to show that each individual defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Turner v. Guibord · filed 2019-11-18

Related to the foregoing, under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Accordingly, plaintiff's allegations fall short of what is necessary to give rise to a cognizable claim for relief under section 1983 against any of the individual defendants.

Section 1983 requires allegations that a defendant was responsible for a constitutional deprivation; involvement in a disciplinary hearing alone is insufficient.

Elliott v. Caballero · filed 2019-11-18

With respect to defendants Ivey and Martinez, plaintiff has not presented sufficient allegations that these defendants were responsible for any constitutional deprivation. Simply because they were involved in a disciplinary hearing is insufficient to state a claim.

Section 1983 permits personal liability for prison officials who learn of alleged retaliation through a grievance and direct conversations but disregard it.

Clark v. Smith · filed 2019-11-18

As Plaintiff alleges that Neese, Lovell, and Burle concurred in the denial of the grievance and also disregarded the unconstitutional conduct after personal “face-to-face” conversations about the retaliation (Doc. 1, pp. 12, 16), Count 1 will also proceed against Neese, Lovell, and Burle.

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

Mohammed v. Hooks · filed 2019-11-18

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

A § 1983 plaintiff must plausibly allege each defendant’s personal involvement in the violation.

Jackson v. Wilburn · filed 2019-11-18

As with any other § 1983 claim, the plaintiff must also plausibly allege the defendant’s personal involvement in the violation.

Section 1983 requires well-pleaded facts showing an individual defendant’s direct personal responsibility for the alleged deprivation.

Heldmann v. Southwestern Oklahoma State University College of Pharmacy · filed 2019-11-18

Liability will not attach absent any well-pleaded allegations showing Ralph’s direct personal responsibility.

Section 1983 requires a defendant to have personally participated in a substantial way in depriving the plaintiff of a federal constitutional right.

(PC) Belmonte v. Winkfield · filed 2019-11-19

An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.

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

SNELLING v. BALDWIN STATE PRISON · filed 2019-11-19

Aside from Plaintiff’s failure to adhere to the pleading requirements for claims asserted under 42 U.S.C. § 1983 and the untimeliness of his Notice of Appeal, the Court’s independent review of the issues addressed in the magistrate judge’s Recommendation and the Court’s Order adopting the same demonstrates that Plaintiff’s appeal is frivolous. ... Since Plaintiff never provided sufficient factual allegations to support his claims and failed to associate each named Defendant with an alleged violation of his constitutional rights, as instructed, this appeal is not brought in good faith.