42 U.S.C. § 1983

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

Bennett v. Foxwell of E.C.I. · filed 2020-01-09

For liability under 42 U.S.C. § 1983, the defendant must have been personally involved in the alleged violation.

A § 1983 claim requires allegations of the defendant’s personal participation; merely naming a person as a defendant is insufficient.

Nichols v. Gamewell · filed 2020-01-09

As for Defendant Greene, identified as a grievance examiner of the NCDPS, Plaintiff alleges no personal participation by Defendant Greene. In fact, Plaintiff does not mention Defendant Greene in his Complaint at all, other than listing her as a Defendant. Plaintiff also makes no allegations regarding any grievance procedure. As such, Plaintiff has failed to state a claim against Defendant Greene and Defendant Greene will, therefore, be dismissed.

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

Griffin v. Ms Fludd · filed 2020-01-09

Because the Amended Complaint, like the original Complaint, is devoid of any allegations sufficient to establish any personal involvement by Sheriff Fludd in the conduct of which Plaintiff complains, Plaintiff’s Section 1983 claims against Sheriff Fludd are not plausible and are thus DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(b)(ii); 1915A(b).

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

Taylor v. Fludd · filed 2020-01-09

Because the Complaint is devoid of any allegations sufficient to establish any personal involvement by Sheriff Fludd in the conduct of which Plaintiff complains, Plaintiff’s Section 1983 claims against Sheriff Fludd are not plausible and are thus DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2) (b)(ii); 1915A(b).

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

SMITH v. WETZEL · filed 2020-01-09

In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.

A §1983 plaintiff must present evidence from which a jury could reasonably find that the defendant was personally responsible for the alleged constitutional violation.

Rainey v. Forster · filed 2020-01-10

To survive summary judgment in a case under §1983, a plaintiff must provide evidence from which a jury could reasonably conclude that the defendant was personally responsible for the alleged constitutional violation.

Section 1983 requires a connection between each defendant’s conduct and the alleged deprivation; a defendant is liable only for their own misconduct.

Purnell v. Mora · filed 2020-01-10

Plaintiff does not link Officers Cruz, Phelps, and Hodge to any direct participation in any alleged excessive force. The complaint does not allege that Officers Cruz, Phelps, or Hodge grabbed or twisted her arm or otherwise used any force against her. Accordingly, Plaintiff fails to state a claim against Officers Cruz, Phelps, and Hodge for any direct involvement in the alleged use of excessive force against her in violation of her Fourth Amendment rights.

A supervisor’s direct participation in a constitutional violation, or creation or continuation of an unconstitutional policy, can establish personal involvement for § 1983 liability.

Cox v. Dawson · filed 2020-01-10

In light of this evidence, a reasonable jury could conclude that Defendant Dawson “participated directly in the alleged constitutional violation” or that she “created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom.”

Section 1983 requires each defendant to have personally played a role in the alleged constitutional violation.

Staunton v. Harrington · filed 2020-01-10

To state a claim under § 1983, an “inmate[] must show that each defendant personally played a role in violating the Constitution.”

Section 1983 requires personal involvement in the alleged constitutional deprivation; a supervisor’s participation in the challenged decision can satisfy that requirement.

Carey v. Bennett · filed 2020-01-10

The parties agree § 1983 claims may only be brought against individuals who were personally involved in the constitutional deprivation a plaintiff purportedly suffered. ... Through his personal involvement in the decision to indicate Carey for neglect, Neal participated in the public dissemination of the report to employers in Carey’s chosen field of work.

Section 1983 requires facts connecting a defendant to the challenged conduct; naming a governor without alleging involvement in the plaintiff’s care or the challenged policies is insufficient.

Winger v. Doe · filed 2020-01-10

Winger also does not provide any additional details that implicate the former or current governor in any decision regardingWinger’s dental care or the policies he now challenges. Therefore, Rauner and Pritzker remain dismissed from this suit.

A Section 1983 claim against a prison official requires allegations that the official personally participated in the challenged conduct.

Carter v. Shah · filed 2020-01-10

But Plaintiff fails to state a claim against Dr. Shah, A. Vanscheyek, and Dana Sprague. ... There is no indication in the Complaint that Sprague participated in the decision to deny Plaintiff a bottom bunk permit or to place him in a cell with a top bunk.

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

Vail v. The City of New York · filed 2020-01-10

Vail’s § 1983 claim against LaGrange suffers from a fatal defect — the failure to allege personal involvement.

Section 1983 requires facts showing a defendant’s personal involvement in the conduct underlying the claim.

Casiano v. Smalls · filed 2020-01-10

Plaintiff’s Amended Complaint does not allege any facts showing how Defendant Smalls ... was personally involved in the events underlying his claims. Plaintiff’s claims against this Defendant are therefore dismissed for failure to state a claim on which relief may be granted.

Section 1983 requires allegations that a defendant personally engaged in conduct that deprived the plaintiff of federal rights.

Moyler v. Williams · filed 2020-01-13

Inasmuch as Moyler has not alleged any conduct committed by Director Clarke, the court will grant the motion to dismiss as to Director Clarke.

Section 1983 requires allegations that each defendant personally violated the plaintiff’s rights; telling officials about another person’s conduct is insufficient.

Ambeau v. Klemann · filed 2020-01-13

Finally, as to defendants Homalsk, Sable, Wiersma, Carr and Evers, the plaintiff says only that he complained to these people. He makes no allegations that they did anything to violate his constitutional rights.

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

(PC) Belmonte v. Palomares · filed 2020-01-13

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 in the alleged constitutional violation for individual liability.

Dawson v. Archambeau · filed 2020-01-13

Other than making conclusory statements that Dr. Tiona used the Clinical Standards to improperly deny Mr. Dawson Hepatitis C treatment, Mr. Dawson alleges no facts showing that Dr. Tiona had any personal involvement with any decision related to Mr. Dawson’s medical treatment, including a denial of Hepatitis C treatment under the 2015 Clinical Standards. Thus, there is no personal liability under § 1983.

Section 1983 does not impose personal liability on prison officials who were not involved in an inmate’s medical care and reasonably relied on medical professionals after investigating his concerns.

DeBlasio v. Baldwin · filed 2020-01-13

Not only are they entitled to rely on the judgment of medical professionals and had no personal involvement in DeBlasio’s medical care, but the evidence shows that these Defendants or their designees investigated DeBlasio’s medical issues and found they were being properly addressed.

Section 1983 requires factual allegations connecting each individual defendant to a violation of the plaintiff’s federal rights; supervisory status alone is insufficient.

Wesley v. Ascension Parish · filed 2020-01-13

Further, though Plaintiff alleges that Defendants Matassa and Dawson, along with “those under [their] supervision and control were acting under the color of law,” Plaintiff makes no allegation that any subordinate of Defendants Matassa and Dawson committed any act or omission in violation of her constitutional rights. Plaintiff has, therefore, failed to state a claim against Defendants Matassa, Dawson, or Hysell in their individual or official capacities under 42 U.S.C. § 1983.

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

Barnett v. Shelton · filed 2020-01-13

He is required to allege facts demonstrating the personal responsibility of the defendant 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 requires a defendant’s personal involvement in a constitutional violation; mere presence at the scene is insufficient.

Casillas v. Westerfield · filed 2020-01-13

The fact that Lt. Garley was present and may have laughed is insufficient to state a § 1983 claim for relief.

A § 1983 claim against a defendant requires facts plausibly alleging that defendant’s personal involvement in the constitutional violation.

Walker v. Martuscello · filed 2020-01-13

Although the Court, upon initial review, ordered all of the Defendants to respond to the Complaint, (Dkt. No. 4), at this juncture, after reviewing the Complaint and the Report-Recommendation, the Court concurs in Magistrate Judge Hummel’s recommendation the claims against Defendant Ali be dismissed because the Complaint lacks sufficient facts plausibly alleging Defendant Ali’s personal involvement in the alleged constitutional violations.

Section 1983 requires a plaintiff to allege an official’s personal involvement in a constitutional violation; a place in the chain of command is insufficient.

Crandell v. Ross · filed 2020-01-13

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.

A § 1983 complaint against multiple defendants must identify each defendant’s own conduct; collective allegations do not adequately plead an individual claim.

Walker v. Corizon Health · filed 2020-01-14

Merely lumping Mohiuddin in with fifteen other medical professionals under the generic label “defendants” or “Corizon health care providers” does not adequately plead a § 1983 claim against him.

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

(PC) Snowden v. Tate · filed 2020-01-14

To state a claim under section 1983, a plaintiff must show a causal connection or link between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a shared belief about a prisoner’s gang affiliation alone does not establish liability for a disciplinary decision.

Walker v. Baldwin · filed 2020-01-14

Although Plaintiff alleges that John Doe #2 and John Doe #5 helped carry the “mindset” that Plaintiff was STG affiliated to Lawrence, he fails to allege that they participated in issuing Plaintiff the ... disciplinary report or in finding Plaintiff guilty of the charges.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation, and circumstantial evidence can create a jury question about that involvement.

Jackson v. Butler · filed 2020-01-14

To prove liability under § 1983, Jackson must show that Burrow “caused the deprivation” of his federal right. ... As such, the Court concludes that a reasonable jury could find that Burrow was in fact the officer that violated Jackson’s rights on April 1, 2016.

Section 1983 claims against supervisors require allegations of their personal involvement in the constitutional deprivation.

Butler v. Suffolk County · filed 2020-01-14

A complaint based upon a violation under Section 1983 that does not allege the personal involvement of a defendant fails as a matter of law. ... Consequently, the Section 1983 claims asserted against Sheriff Toulon and Commissioner Tomarken are not plausible and are dismissed for failure to state a claim on which relief may be granted.

Section 1983 requires facts connecting an individual officer to the alleged violation; an affidavit referring to officers collectively does not alone show that an officer helped draft it or knew of its misrepresentations.

Sizemore v. Morris · filed 2020-01-15

Though the affidavit uses the term “we” and refers to both Defendants Young and Morris, Plaintiffs have not plead any facts showing that Defendant Young was involved in the drafting of the affidavit. Nor have Plaintiffs plead facts stating that Defendant Young had knowledge of the misrepresentations in the affidavit. Therefore, Defendant Young’s Motion to Dismiss the § 1983 claim against him is GRANTED.

Section 1983 requires each defendant’s personal involvement in the alleged wrongdoing; officials authorized to end confinement are personally involved in deciding its duration.

Thomas v. Tice · filed 2020-01-15

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.

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

(PC) Smith v. Yuba County Sheriff Department · filed 2020-01-15

There can be no liability under Section 1983 without an affirmative link or connection between a defendant’s actions and the alleged violation of rights.

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

(PC) Barksdale v. Juan · filed 2020-01-15

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.

Farha v. Foss · filed 2020-01-15

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

Dowaun v. Wexford Health Sources, Inc. · filed 2020-01-15

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 personal involvement in the alleged constitutional deprivation for individual liability.

Kistner v. Brookhart · filed 2020-01-15

“[I]ndividual liability under § 1983 requires ‘personal involvement in the alleged constitutional deprivation.’” Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010) (quoting Palmer v. Marion Cty., 327 F.3d 588, 594 (7th Cir. 2003)). Because Kistner is required to associate specific defendants with specific claims, these claims will be dismissed without prejudice.

Section 1983 requires an individual defendant to cause or participate in a constitutional deprivation.

Walters v. Officer · filed 2020-01-15

An individual defendant cannot be liable under Section 1983, unless he or she causes or participates in a constitutional deprivation.

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

Calvey v. Village of Walton Hills · filed 2020-01-15

Kwiatkowski and Cercek cannot be held liable for actions of another officer. Indeed, it is well-established that personal involvement of the defendant in alleged constitutional deprivations is a prerequisite to an award of damages under Section 1983.

Section 1983 does not impose liability on a prison official whose only role is denying a grievance or failing to remedy another official’s alleged misconduct.

Roper v. Wolfe · filed 2020-01-15

Prison officials whose only role involves the denial of an administrative grievance or failure to remedy alleged unconstitutional behavior ... cannot be liable under § 1983, Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999), and does not rise to the level of “encouragement” that would make a prison official liable for the alleged unconstitutional behavior of others, Knop v. Johnson, 977 F.2d 996, 1014 (6th Cir. 1992), ... Accordingly, Plaintiff fails to state a plausible § 1983 claim against Wolfe, and that claim is dismissed pursuant to § 1915(e)(2)(B).

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

THEODORE v. DEFENSE LOGISTICS AGENCY - TROOP SUPPORT · filed 2020-01-15

To bring a claim under either Bivens or § 1983, a plaintiff must allege that the defendant had direct personal involvement in the violation of his constitutional rights.

A plaintiff seeking to name a defendant in a § 1983 claim must allege facts connecting that person to the alleged violation.

Sheppard, Charles v. Waterman, Jolinda · filed 2020-01-16

However, Sheppard’s letter does not satisfy the requirements of the court’s March 21, 2019, order, since his letter does not include any allegations implicating either Lee or Edge in the events related to his claims in this lawsuit. ... Accordingly, construing Sheppard’s letter as a request to substitute Lee and Edge as the Doe defendants, that request is denied.

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

(PC) Steven Santiago v. Caldwell · filed 2020-01-16

To state a claim under section 1983, a plaintiff must show a causal connection between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff. ... However, Plaintiff fails to provide a causal connection between the alleged violation and Defendants Martinez and Tamayo.

Section 1983 damages claims require allegations that each named state actor caused or participated in the deprivation of a constitutional right.

Sanders v. Eales · filed 2020-01-16

In order to pursue a Section 1983 claim for money damages against a state actor, a plaintiff must name the individual as a defendant in the action and set forth allegations showing that the defendant caused or participated in a deprivation of Plaintiff’s constitutional rights.

Section 1983 requires a plaintiff to link each defendant’s acts or omissions to the alleged violation of the plaintiff’s rights.

Williams v. Conway · filed 2020-01-17

The allegation that Defendants Conway, Castillo, Mustafa, and Binkele “allowed a process to be displayed against” Mr. Williams, Docket No. 1-2 at 3, is unclear in meaning and does not adequately describe what each Defendant did or failed to do that caused a violation of Mr. Williams’ constitutional rights.

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

Bunch v. Snow · filed 2020-01-17

Individual liability under section 1983 must be based on personal involvement in the alleged constitutional violation.

Section 1983 requires personal liability based on fault; an official’s knowledge of a violation and failure to correct it, without more, does not establish liability.

Lovejoy v. Lafond · filed 2020-01-17

Furthermore, Section 1983 creates a cause of action based on personal liability and predicated on fault. ... Thus, to the extent Lovejoy is attempting to hold these defendants liable simply because they knew about the violation and failed to correct it, these claims are dismissed.

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

WILLIAMS v. LAYTON · filed 2020-01-17

All claims against Sheriff Layton are DISMISSED for failure to state a claim upon which relief can be granted. Section 1983 liability “requires personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). Mr. Williams does not allege that Sheriff Layton participated in the attack or that he knew of it and failed to prevent it.

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

Fleming v. Haysi Regional Jail · filed 2020-01-21

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

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

Taylor v. Mannis · filed 2020-01-21

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

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

Esposito v. Towery · filed 2020-01-21

Because Plaintiff does not explain how Nurse Practitioner Latisha was personally involved in his claims, Plaintiff cannot proceed on his claim against her and she will be dismissed as a defendant.

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

(PC) Montenegro v. CDCR-Medical · filed 2020-01-21

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 causal link between each defendant’s actions or omissions and the alleged violation of federal rights.

Tafoya v. City of Hanford · filed 2020-01-21

Thus, to state a claim, Plaintiff must allege facts demonstrating the existence of a link, or causal connection, between each Defendant’s actions or omissions and a violation of his federal rights.

Section 1983 requires factual allegations linking each defendant to the alleged constitutional violation; conclusory allegations are insufficient.

Freeman v. Foss · filed 2020-01-21

Plaintiff’s allegations are too conclusory to state cognizable Section 1983 claims. Plaintiff must present factual allegations that link each defendant to the constitutional violation.

Section 1983 permits a claim to proceed against defendants alleged to have participated in the conduct that violated a federal right.

Nigro v. Christensen · filed 2020-01-21

The Court will liberally construe Plaintiff’s Complaint and permit him to proceed against those Defendants involved in the hearing process and labeling of Plaintiff as a sex offender.

Section 1983 requires an individual defendant’s personal participation in the constitutional violation.

Scheuerman v. State of MD · filed 2020-01-21

Liability under 42 U.S.C. § 1983 attaches only upon personal participation by a defendant in the constitutional violation.

Section 1983 requires allegations that an individual defendant personally participated in or acquiesced in the alleged violation.

MALDONADO v. CITY OF PASSAIC BOARD OF EDUCATION · filed 2020-01-21

Because the Amended Complaint fails to allege that Lora was somehow personally involved in or orchestrated Plaintiffs’ non-renewal, and because it similarly does not allege how Lora had personal knowledge of Maldonado’s support for Diaz, the Plaintiffs’ Section 1983 claim against Lora is dismissed.

Section 1983 requires each defendant to be personally involved in the alleged wrongdoing; liability cannot rest on respondeat superior.

Muhammad v. Gray · filed 2020-01-21

The plaintiff in a § 1983 suit must allege that each named defendant was personally involved in the events or occurrences that underlie the claim.

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

(PC) Rouser v. Gamboa · filed 2020-01-22

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 a plaintiff to allege a causal link between each defendant’s actions and the claimed deprivation of rights.

(PC) Allen v. Sacramento · filed 2020-01-22

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. ... Here, plaintiff has not named the individual(s) responsible for the constitutional violation alleged in the complaint.

Section 1983 requires a complaint to allege conduct by each defendant; naming a person only in the caption does not state a claim against that person.

Thomas v. Donovan · filed 2020-01-22

With respect to RJD’s Warden, Psychiatry Supervisor Administrators, C/O Taylor, and C/O AA Jones, who are included as Defendants in the caption of Plaintiff’s Complaint but not otherwise mentioned in the body of that pleading, he plainly fails to state any claim upon which § 1983 relief may be granted.

Section 1983 requires evidence that an individual defendant caused the adverse action or sufficiently influenced the decision maker to cause it.

Stuart v. City of Framingham · filed 2020-01-22

With respect to Stuart’s § 1983 claims against Simoneau, Stuart has not put forth evidence that Simoneau caused the adverse actions, or had sufficient influence over the ultimate decision maker such that Simoneau effectively caused the adverse actions.

Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Wheeler v. Unknown · filed 2020-01-22

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant 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 requires a defendant’s personal involvement in the alleged deprivation; officials who had no role in the challenged housing move cannot be held liable for it.

McElvine v. Beaver · filed 2020-01-22

Defendants have submitted evidence demonstrating that neither of the Defendants had any role in changing Plaintiff’s housing from medium custody general population to close custody general population, that the move was not disciplinary, that the move did not impose an atypical and substantial hardship on his living conditions, and that he is serving a life sentence that is unaffected by prison credits. Plaintiff has failed to come forward with any evidence rebutting the foregoing and has failed that there is a genuine dispute of material fact for trial.

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

Brown v. Anderson County, TN · filed 2020-01-22

Furthermore, the Court finds that Plaintiff has failed to allege facts from which the Court could infer that any individual Defendant was personally involved in any alleged violation of § 1983, and therefore, he may not sustain a claim against the individual Defendants.

Section 1983 does not support a claim against a prison official based only on denying a grievance or failing to intervene.

Mann v. Mohr · filed 2020-01-23

The alleged denial of a grievance or failure to intervene failed to state a claim against Croft.

Section 1983 imposes liability on a defendant only for constitutional violations in which the defendant personally participated.

Shiheed v. Gilpin · filed 2020-01-23

Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation.

Section 1983 requires a plaintiff to plead each defendant’s personal involvement; government officials are not liable solely for another person’s actions.

Makell v. Sheriff Ms Vera Fludd · filed 2020-01-23

“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.”

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

Joseph v. Annucci · filed 2020-01-23

For the reasons outlined above, because a defendant’s personal involvement is a necessary element of a 1983 claim, see McKinnon v. Patterson, 568 F.2d 930, 934 (2d Cir. 1977), this claim must be dismissed without prejudice.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; denying a grievance alone is insufficient.

Youngblood v. Fitch · filed 2020-01-24

In other words, personal involvement beyond the grievance process is necessary.

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

Flowers-Bey v. Anderson · filed 2020-01-24

To state a claim under § 1983, plaintiff must plead that each defendant “personally violated plaintiff’s constitutional rights.” Jackson v. Nixon, 747 F.3d 537, 543 (8th Cir. 2014) (citing Iqbal, 556 U.S. at 676).

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; disputed evidence that an officer used force or failed to intervene can defeat summary judgment.

Rose v. Garritt · filed 2020-01-24

Because both Plaintiff and Defendants have set forth facts establishing LaVelle’s presence in the hallway, the dispute over when Plaintiff was handcuffed and when the alleged assault occurred is sufficient to sustain Plaintiff’s claims of excessive force and/or failure to intervene against LaVelle at this stage.

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

Robinson v. Scott County Sheriffs Dept. · filed 2020-01-27

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged misconduct.

Dunahue v. Kelley · filed 2020-01-27

We further conclude that the district court properly dismissed defendants Kelley, Reed, and Andrews because Dunahue failed to allege facts indicating how they were personally involved in any misconduct.

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

(PC) Witkin v. Blackwell · filed 2020-01-27

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 a plaintiff to allege facts showing that each individual defendant’s act or omission caused the deprivation of a federally protected right.

Jamison v. Hatton · filed 2020-01-27

Liability may be imposed on an individual defendant under § 1983 only if Plaintiff can show that the defendant proximately caused the deprivation of a federally protected right. ... Accordingly, Plaintiff must allege sufficient facts describing each named defendant’s actions or failure to act that caused the violation of his Eighth Amendment rights.

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

Boykin v. Enloe · filed 2020-01-27

Section 1983 is premised on the wrongdoer’s personal responsibility; therefore, an individual cannot be held liable in a civil rights action unless he caused or participated in an alleged constitutional deprivation.

Section 1983 requires a defendant’s personal involvement for damages, but a plaintiff need not identify which officer used force and which failed to intervene when the officers were present and participated in the arrest.

Smith v. Town of Lloyd · filed 2020-01-27

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.’” Provost v. City of Newburgh, 262 F.3d 146, 154 (2d Cir. 2001) (quoting Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994)). ... The Court therefore rejects this argument.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; reviewing a grievance after the fact does not establish it.

Brown v. Martin · filed 2020-01-27

Moreover, participation in the after-the-fact review of a grievance is not enough to establish personal involvement.

Section 1983 permits a plaintiff to sue only individuals personally involved in the alleged constitutional violation.

Mills v. Vanburen · filed 2020-01-28

Finally, I remind Mills that, under § 1983, a plaintiff may sue only those individuals who were personally involved in the alleged constitutional violation.

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

(PC) Austin v. Sherman · filed 2020-01-28

Plaintiff has not adequately identified or linked any defendant to an action or omission that resulted in a violation of his constitutional rights.

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

(PC) Cloud v. Cox · filed 2020-01-28

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 a connection between a defendant’s conduct and the alleged deprivation of rights.

McGinnis v. Taylor · filed 2020-01-28

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.

Section 1983 requires a plaintiff to show that an individual defendant was personally responsible for the deprivation of the plaintiff’s rights.

Maxey v. Ramage · filed 2020-01-28

In order to hold an individual liable under 42 U.S.C. §1983, Plaintiff must “show that the defendants were personally responsible for the deprivation of their rights.”

Section 1983 requires factual allegations connecting the defendant to the alleged deprivation of a federal right; a conclusory assertion of involvement is insufficient.

GARNER v. SMITH · filed 2020-01-28

Mr. Garner’s threadbare legal conclusion that Trooper Smith “seized Plaintiffs vehicle without probable cause and a warrant to do so” is insufficient to allege involvement on the part of Trooper Smith.

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

Stokes v. Faber · filed 2020-01-28

Under 42 U.S.C. § 1983 a defendant is only liable for his own personal conduct, not the conduct of other state actors.

Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation; a supervisory role alone is insufficient.

Rutherford v. Westchester County · filed 2020-01-28

Such allegations offer paradigmatic examples of supervisory roles, not direct involvement. They cannot, therefore, sustain claims under § 1983.

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

Phillips v. Miller · filed 2020-01-28

Further, Plaintiff’s allegations in his complaint that a jail official does not properly handle his grievances and that Defendant Morley’s husband, who works at the jail, has threatened him with bodily harm have no relevance to this action, as Plaintiff has not sued these individuals in this action or set forth any facts from which the Court can plausibly infer that Defendants were personally involved in these incidents.

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

Swan v. Smith · filed 2020-01-29

That is not sufficient; for an individual to be liable under §1983, a plaintiff must show that that individual was personally involved in the alleged constitutional violation.

Section 1983 requires a medical provider’s personal involvement in a prisoner’s care or treatment for liability based on deliberate indifference.

Poff, Jeff v. Waterman, J. · filed 2020-01-29

Finally, a medical provider cannot be held liable for deliberate indifference under 42 U.S.C. § 1983 unless the provider was personally involved with the prisoner’s medical care or treatment.

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

(PC) Quair v. HQ · filed 2020-01-29

Under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff’s complaint fails to provide any level of detail as to how the defendants were personally involved in the violations of his rights. For this reason alone, plaintiff’s complaint is subject to dismissal.

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

(PC) Colbourn v. Done · filed 2020-01-29

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

(PC) Abdullah v. Dacuycuy · filed 2020-01-29

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

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

(PC) Richard v. Aldridge · filed 2020-01-29

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

Section 1983 requires a defendant’s personal participation for individual liability; supervisory status alone is insufficient.

Ou-Young v. Stone · filed 2020-01-29

“Liability under section 1983 arises only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). “There is no respondeat superior liability under section 1983.” Id. Plaintiff has not alleged any personal participation by Defendant Stone in the termination of Plaintiff’s homeowner’s exemption.

Section 1983 requires a plaintiff to connect each defendant’s acts or omissions to the alleged constitutional deprivation.

Morris v. Gonzales · filed 2020-01-29

Plaintiff has not stated an Eighth Amendment claim against the Defendants because he fails to identify how any of the named Defendants were the cause of, or even aware of, the actions Plaintiff alleges occurred.

Section 1983 does not support individual capacity claims against a sheriff when the complaint alleges no conduct by him.

Cook v. Bon · filed 2020-01-29

Plaintiff explicitly states this and sets forth no allegations against the sheriff in the statement of claim. Therefore, all individual capacity claims against the sheriff shall be dismissed without prejudice from this action.

Section 1983 requires allegations that each individual defendant personally participated in the claimed deprivation; naming defendants only in the complaint’s caption is insufficient.

Kemmerly v. Hill · filed 2020-01-29

An essential element of a civil rights claim against an individual is that person’s direct personal participation in the acts or inactions upon which the complaint is based.

Section 1983 requires factual allegations that a defendant personally participated in, directed, or knowingly acquiesced in the alleged wrong.

DAVIS v. BURKE · filed 2020-01-30

Plaintiff, however, fails to provide any factual allegations by which the Court can infer that these Defendants helped Burke improperly obtain consent or acquiesced in his allegedly wrongful conduct.

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

Raysor v. Police Officer Troy Ann Safi · filed 2020-01-30

Moreover, a plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation.

Section 1983 requires a defendant’s personal involvement in the events giving rise to the claim.

Allah v. Ryan · filed 2020-01-30

In addition, plaintiff’s claims against defendants VanBuren, Sheahan, and Piccolo must be dismissed for lack of personal involvement.

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

MORALES v. KLIM · filed 2020-01-30

In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged wrong; liability cannot rest solely on supervisory status.

CASTELONIA v. HOLLENBUSH · filed 2020-01-30

While Plaintiff mentions that he was “tased while in a creek of water” (Doc. No. 2 ¶ 11), he fails to set forth facts suggesting that Defendant Hollenbush is the individual who used the taser against him. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (noting that “a defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior”).

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

Braxton v. Aramark · filed 2020-01-31

“‘[I]ndividual liability under § 1983,’ . . . ‘requires personal involvement in the alleged constitutional deprivation.’” Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir. 2017) (quoting Minix v. Canarecci, 597 F.3d 823, 833 (7th Cir. 2010)). The plaintiff has not alleged any personal involvement on the part of these defendants, and the court will dismiss them.

Section 1983 does not impose liability on officials who merely mishandle grievances without causing or participating in the underlying conduct.

Calderon v. Wild · filed 2020-01-31

As a result, any allegations of mishandling of an inmate’s grievances by persons who otherwise did not cause or participate in the underlying conduct states no claim.

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

McManus v. Elliott · filed 2020-01-31

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

Section 1983 does not permit a claim against an official for mishandling a grievance when the official did not cause or participate in the underlying conduct.

Bowens v. Howled · filed 2020-02-03

As a result, any allegations of mishandling of an inmate’s grievance by persons who otherwise did not cause or participate in the underlying conduct states no claim.

Section 1983 permits a claim to proceed against medical staff alleged to have been directly involved in the challenged care.

White v. Weber · filed 2020-02-03

Accordingly, White’s case may proceed against Doctor or Nurse Practitioner Mary Lemmenes and Dr. Barbara Weber who she claims were directly involved in her care.

Section 1983 does not impose personal liability on prison officials whose only involvement in an alleged constitutional violation was participating in the grievance process.

Baptiste v. Hatton · filed 2020-02-03

Defendants Hatton and Lewis are DISMISSED from this action with prejudice. Their only involvement in the alleged constitutional violation was their participation in the grievance process.

Section 1983 requires factual allegations connecting the defendant to the alleged constitutional violation; allegations about other defendants do not suffice.

Strahan v. Massachusetts Executive Office of Energy and Environmental Affairs · filed 2020-02-03

However, all non-conclusory factual allegations relate to the conduct of the State Defendants, not Coastal Studies. ... Accordingly, Plaintiff has failed to sufficiently plead a claim as to Coastal Studies in Count III.

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

Miller v. Tate · filed 2020-02-03

In other words, there is no respondeat superior liability under § 1983.

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

Feliz v. Park · filed 2020-02-03

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

A Section 1983 complaint must allege facts showing the named defendants’ personal involvement in violating a federal right.

Al-Haj v. Singer · filed 2020-02-03

Plaintiff does not state a claim showing that he is entitled to relief because he fails to allegeany facts suggesting that the named defendants were involved personally in violating any right.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; responding to a prison grievance alone does not establish liability.

Andrews v. Swope · filed 2020-02-03

Plaintiff makes no allegations of personal involvement sufficient to trigger § 1983 liability against the Moving Defendants, who were either not involved in the alleged wrongs or only responded to a grievance filed by Plaintiff.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; denying grievances alone does not establish it.

Hayes v. Gilmore · filed 2020-02-04

Additionally, although Hayes alleged that some of these Defendants denied Hayes’s grievances, such actions do not establish personal involvement.

Section 1983 requires a plaintiff to show that a defendant personally acted to deprive the plaintiff of a constitutional right.

Carmichael v. Dunn · filed 2020-02-04

Thus, Carmichael must establish the defendants personally acted to deprive him of a constitutional right.

A § 1983 plaintiff must allege a specific injury and an affirmative link between that injury and a particular defendant’s conduct.

Shreeve v. Arizona Department of Public Safety · filed 2020-02-04

In addition, the plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff’s vague and conclusory allegations are insufficient to support a conclusion that Defendants took specific actions that have harmed Plaintiff.

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

(PC) Kindred v. Cabrera · filed 2020-02-04

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

Section 1983 requires a defendant’s personal involvement in the alleged violation; denying a grievance alone is insufficient.

Youngblood v. Fitch · filed 2020-02-04

In other words, personal involvement beyond the grievance process is necessary.

Section 1983 requires a prison official’s personal involvement in the alleged deprivation or a causal connection between the official’s actions and the constitutional violation.

Reed v. LeBlanc · filed 2020-02-04

Furthermore, in order for a prison official to be found liable under § 1983, the official must have been personally and directly involved in conduct causing an alleged deprivation of an inmate's constitutional rights or there must be a causal connection between the actions of the official and the constitutional violation sought to be redressed.

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

Law v. Dorsey · filed 2020-02-04

Ina § 1983 action, a plaintiff must plead facts indicating that a defendant acted personally in the alleged deprivation of his constitutional rights.

Section 1983 does not hold a defendant liable for another person’s misconduct.

Powell v. Thompson · filed 2020-02-05

Under §1983, defendants cannot be held liable for another person’s misconduct.

Section 1983 requires allegations that a defendant was personally involved in the alleged deprivation or had notice of it.

McGill v. Buzzelli · filed 2020-02-05

Because McGill has failed to allege any personal involvement by Drew in the allegedly unlawful conduct about which he complains, much less that she had actual or constructive notice of that conduct, he has failed to state a § 1983 claim against her.

Section 1983 requires allegations that each defendant was personally involved in the conduct underlying a claimed constitutional violation.

Rosa v. Pickney · filed 2020-02-05

Plaintiff cannot establish liability on the part of any Defendant for claimed constitutional violations absent allegations that each Defendant was personally involved in the conduct which forms the basis of the claims.

Section 1983 requires facts showing each individual defendant’s personal involvement in a constitutional deprivation or a causal connection between that defendant’s conduct and the deprivation.

(PS) Hameedullah v. White · filed 2020-02-06

An individual defendant is not liable on a civil rights claim unless the facts establish the defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s wrongful conduct and the alleged constitutional deprivation. ... Plaintiff does not identify the specific constitutional right that was allegedly violated, nor does he state facts demonstrating that any of the defendants were personally involved in the violation of his constitutional rights.

Section 1983 requires facts linking a defendant’s actions to the alleged deprivation; a conclusory allegation of involvement is insufficient.

(PC) Britton v. California Superior Court · filed 2020-02-06

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. ... While plaintiff alleges that defendants Officers Young, Bullard and Freeman were part of the alleged false arrest, the second amended complaint contains no allegations in support of this conclusory claim. Accordingly, the claims against defendants Young, Bullard and Freeman are dismissed.

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

(PS)Crago v. Sacramento Sheriff · filed 2020-02-06

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

Section 1983 requires a plaintiff to identify each defendant’s specific actions or connection to the alleged violation.

Cathy v. Kuzmicz · filed 2020-02-06

The other defendants for this claim are dismissed with prejudice because plaintiff has failed to identify their specific actions or how they are associated with the claim and he was already provided leave to amend to address these deficiencies.

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

Norris v. Downs · filed 2020-02-06

It is well recognized that for liability to attach under Section 1983, a defendant must have been “personally responsible for the deprivation of a constitutional right.” Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir.2001) (quoting Chavez v. Ill. State Police, 251 F.3d 612, 651 (7th Cir. 2001)).

Section 1983 requires an official to be personally responsible for a constitutional deprivation to be liable.

Hill v. Illinois · filed 2020-02-06

And, § 1983 requires that an official be personally responsible in order to be liable for a constitutional deprivation.

Section 1983 permits claims against individual defendants who were personally involved in the alleged constitutional violations.

Ross v. Lamb · filed 2020-02-06

New individual Defendants may be added if they were personally involved in the constitutional violations.

Section 1983 liability requires personal involvement; merely signing off on papers does not suffice.

Champ v. Simmon · filed 2020-02-06

This does not constitute personal involvement sufficient to sustain liability, and so Count 4 shall be dismissed against Irose.

A § 1983 medical-care claim must identify a defendant responsible for the alleged denial of care; naming only the hospital was insufficient here.

Earl v. Jackson General Hospital · filed 2020-02-06

Earl has not sufficiently alleged the subjective component of an Eighth Amendment violation because he does not identify any individual who was responsible for denying him adequate medical care; the only Defendant he names is the Hospital itself.

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

(PC) Martinez v. Davey · filed 2020-02-07

Under section 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... At this preliminary stage, the Court finds that plaintiff has stated a cognizable claim against defendants Dr. Lewis and Warden Davey. Each of these defendants is alleged to have known of requests submitted by medical specialists for further treatment for plaintiff’s conditions, each had the power to grant these medical requests, and each denied those medical requests with deliberate indifference to plaintiff’s health needs.

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

(PC) Harris v. Pleshchuck · filed 2020-02-07

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 complaint to allege a defendant’s involvement in the claimed deprivation; naming a person only in the caption does not state a claim against that person.

Dixon v. Baldwin · filed 2020-02-07

Merely invoking the name of a potential defendant in the caption is not sufficient to state a claim against that individual.

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

Blankumsee v. Beachley · filed 2020-02-07

To the extent Blankumsee raises a constitutional claim against Governor Hogan or former Commissioner Corcoran under the Eighth Amendment’s proscription against “cruel and unusual punishment,” to establish liability under 42 U.S.C. § 1983, a defendant must be personally involved in the alleged violation.

Section 1983 requires an officer’s personal involvement in alleged excessive force; an officer who arrived after the force was used is not liable for it.

Walker v. Raja · filed 2020-02-07

In light of what the Court interprets as Plaintiff’s acceptance of Lopez’s statement that Lopez was not present when the other officers subdued and handcuffed Plaintiff, no reasonable jury could find that Lopez either was personally involved in the alleged use of excessive force.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; denying an inmate’s grievance or appeal alone does not establish that involvement.

BROWN v. NICHOLSON · filed 2020-02-07

Their denials of his grievance and appeal do not give rise to a constitutional violation, and Mr. Brown has failed to allege any other personal involvement. Accordingly, Mr. Brown’s Section 1983 claims against CHCA Laws-Smith and Superintendent Lamas fail.

Section 1983 requires allegations supporting a plausible inference that each defendant personally participated in, or is otherwise liable for, the alleged rights violation; allegations against defendants as a group are insufficient.

Ellis v. County of Riverside · filed 2020-02-09

Instead, the Complaint refers broadly to the defendants as a group without including factual allegations that support a plausible inference that any defendant personally participated in, or is otherwise liable for, the alleged violation of Plaintiff’s rights under the Eighth Amendment.

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

Phoenix v. Amonette · filed 2020-02-10

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

Section 1983 requires a plaintiff to link a particular defendant’s conduct to a specific injury.

Valenzuela v. Grey · filed 2020-02-10

In addition, a plaintiff must allege that she suffered a specific injury as a result of the conduct of a particular defendant and she must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff does not describe the treatment she has been denied and does not allege who was responsible for discontinuing the treatment.

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

(PC) Murphy v. Rudas · filed 2020-02-10

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 each individual defendant to have personally participated in the alleged deprivation of rights.

(PC) Hodge v. Taylor · filed 2020-02-10

The court notes that plaintiff has named three individual defendants – Kevin Rueter (Chief Medical Executive at HDSP), Grace Song (Deputy Medical Executive at HDSP), and Laraika Jones (a Utilization Management Registered Nurse) – but does not allege what actions each personally undertook in connection with the alleged denial of treatment. ... Thus, he has failed to state a cognizable claim against any of them.

A § 1983 plaintiff alleging interference with court access must describe what each defendant did and the resulting harm.

Arias-Maldonado v. Superior Court, County of Santa Clara · filed 2020-02-10

In his second amended complaint, Mr. Arias-Maldonado must specifically describe what each defendant did to violate his federal constitutional rights and the resulting harm.

Section 1983 requires allegations connecting a defendant to the claimed deprivation; naming someone only in the complaint’s caption does not state a claim.

Dixon v. Lang · filed 2020-02-10

Merely invoking the name of a potential defendant in the caption is not sufficient to state a claim against that individual.

Section 1983 requires facts showing that a defendant personally participated in the alleged deprivation of constitutional rights.

Lobo v. Owens · filed 2020-02-10

Ina § 1983 action, a plaintiff must plead facts indicating that a defendant acted personally in the alleged deprivation of his constitutional rights. ... Here, the Complaint contains no allegations of wrongdoing against Owens personally.

A § 1983 complaint must allege conduct by a defendant to state a claim against that person.

Bradley v. Beahm · filed 2020-02-11

Although Plaintiff names Brian Foster as a defendant, the complaint does not contain any allegations against him. Accordingly, Brian Foster will be dismissed as a defendant.

Section 1983 does not make a prison complaint examiner liable merely for denying an inmate’s grievance or disagreeing with the inmate.

Jones v. West · filed 2020-02-11

A complaint examiner is not liable under §1983 simply for denying an inmate’s grievance, or for declining to agree with an inmate.

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

(PC) Wilhelm v. Beard · filed 2020-02-11

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.

Section 1983 claims against individual officers require their personal involvement in the constitutional violation.

Hogan v. Culver · filed 2020-02-12

A Section 1983 claim may only proceed against individual officers who are personally involved in the constitutional violation.