42 U.S.C. § 1983

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

Taylor v. State of Texas · filed 2020-03-20

Plaintiff fails to outline the personal involvement of the defendants in any alleged constitutional deprivation with the implementation of Administrative Segregation Plan Policy.

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

Vogel v. TDCJ-Holiday Unit · filed 2020-03-22

Plaintiff was ordered to explain how each named defendant was personally involved in depriving plaintiff of his constitutional rights. Plaintiff has not alleged any facts, in any of his pleadings, regarding defendants Warden Simmons, Captain Stern, Officer Rice, Officer Sullivan, Officer S. Gilbert, Senthil Koneswaran, and Mitchael Flowers. Therefore, the claims against those defendants must be dismissed for failure to state a claim.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged deprivation of a federal right; a sheriff’s position alone does not establish liability.

Azeezudin v. Harris · filed 2020-03-23

Although Azeezudin briefly mentions Defendant Harris in the body of the Particularized Complaint, he fails to allege facts indicating that he was personally involved in the deprivation of his Eighth Amendment rights.

Section 1983 requires sufficient personal involvement in an alleged constitutional violation to hold a defendant liable.

Jackson v. Clear · filed 2020-03-23

Accordingly, I conclude that Jackson has failed to establish that Scott was personally and sufficiently involved in any alleged constitutional violation, and, thus, I will grant Scott’s motion to dismiss.

Section 1983 requires facts showing that an official personally acted to deprive the plaintiff of a federal right.

Roscoe v. Collins · filed 2020-03-23

To hold an official liable under § 1983, the plaintiff must state facts to affirmatively show that the officer acted personally to deprive the plaintiff of, or violate his, constitutional rights.

Section 1983 requires a plaintiff alleging retaliatory transfer to show that the defendant was responsible for the transfer.

Dyal v. Jeffcoat · filed 2020-03-23

Courts have routinely ruled that a corrections officer is not liable for retaliation where the plaintiff has failed to show that the defendant was responsible for the retaliatory action alleged.

Section 1983 requires allegations supporting an inference that each defendant personally participated in the alleged constitutional violation.

Puckett v. Officer David Bolanos · filed 2020-03-24

That ambiguous phrase can mean almost anything and is insufficient to support an inference that they participated in the attacks in any way that would make them constitutionally liable.

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

Wilson v. Wilcox · filed 2020-03-24

Personal liability under § 1983 must be based on personal involvement in the alleged constitutional violation.

A Section 1983 complaint must allege what each named defendant did to violate the plaintiff’s constitutional rights.

Lyda v. Gustavson · filed 2020-03-24

Plaintiff must include facts to set forth a colorable Fourteenth Amendment claim under the parameters set forth above, and must include sufficient facts to demonstrate what each named defendant did that violated Plaintiff's rights under the constitution.

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

Best v. The City of N.Y. · filed 2020-03-24

Here, Magistrate Judge Wang correctly found that Plaintiff fails to allege any of Defendants’ personal involvement in the alleged deprivation of his constitutional rights.

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

Roppolo v. Yates · filed 2020-03-24

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

(PC) Uhuru v. Eldridge · filed 2020-03-25

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.

(PC) Harra v. CDCR · filed 2020-03-25

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

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

(PC) West v. High Desert State Prison · filed 2020-03-25

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

(PC) Aleem v. Covello · filed 2020-03-25

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 allegations of specific conduct by each defendant; naming defendants without facts showing their involvement fails to state a claim.

Williams 221217 v. Quellette · filed 2020-03-25

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 requires facts supporting a plausible inference that each individual defendant was personally involved in the alleged violation.

Green v. Garcia · filed 2020-03-25

Even so, Plaintiff still must allege facts that support a plausible inference of personal involvement by Moving Defendants.

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

Estes v. Clarke · filed 2020-03-26

As noted by defendants, a claim under § 1983 requires a plaintiff to show direct personal involvement by each particular defendant.

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

Khan v. Barela · filed 2020-03-26

“Personal liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” ... Khan therefore failed to plausibly allege Barela’s or the Board’s involvement, and nothing in Khan’s brief suggests that further amendment of his complaint would remedy this shortcoming.

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

(PC) Ivory v. Davita Dialysis · filed 2020-03-26

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. ... Because there are no facts in the complaint describing how the remaining 18 defendants violated plaintiff’s rights, plaintiff has stated no claim against them.

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

(PC) Curry v. Sessions · filed 2020-03-26

The court cautions plaintiff 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 an affirmative link between a defendant’s actions and the claimed deprivation of rights.

(PC) Thompson v. Baughman · filed 2020-03-26

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 each individual defendant to have personal involvement in the alleged constitutional violation.

VAUGHAN v. ALBION PRISON · filed 2020-03-26

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

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

Peters v. State Of Texas · filed 2020-03-26

Plaintiff, however, does not dispute the Magistrate Judge’s proper conclusions that: (1) Plaintiff’s claims against the State of Texas and the Texas Medical Branch are barred by the Eleventh Amendment; (2) Plaintiff’s claims that Lorie Davis intentionally transferred and controlled Plaintiff were speculative at best and conclusory; (3) Plaintiff failed to state a claim against Frushamerritt, Drew, and Linson because Plaintiff did not specify their personal involvement; and (4) Plaintiff’s claims against Warden England, Captain Black, and Sgt. King appear in another pending lawsuit filed by Plaintiff and therefore may be dismissed without prejudice to Plaintiff’s right to pursue these claims in his other case.

Section 1983 requires evidence that the defendant was personally involved in the alleged constitutional violation; circumstantial evidence can support a reasonable inference identifying the officer.

Abu-Joudeh v. Schneider · filed 2020-03-27

To prevail in a claim under 42 U.S.C. § 1983, a plaintiff must show that the defendant was “personally involved in the [alleged] constitutional violations.”

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

(PC) Miller v. Jones · filed 2020-03-27

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

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

(PC) Puckett v. Liu · filed 2020-03-27

With respect to some of the defendants, plaintiff fails to make any allegations suggesting personal participation in any of the deprivations alleged. Liability in a 42 U.S.C. §1983 case “arises only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).

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

(PC) Payne v. Lozano · filed 2020-03-27

Moreover, 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 does not impose personal liability on an official who neither participated in the alleged deprivation nor supervised those who did.

Willoby v. Mason City, Illinois · filed 2020-03-27

Here, Plaintiff has advanced no evidence that Mayor Lowe had supervisory authority over Francis, Dodson, or Miller such that Lowe could have prevented them from voting to terminate Plaintiff’s employment at the City Council meeting on June 19, 2017. Therefore, because Lowe did not participate in the vote to terminate Plaintiff’s employment, Lowe is not liable to Plaintiff under § 1983 and is entitled to summary judgment.

Section 1983 requires a defendant’s personal involvement in the deprivation of federal rights and does not allow respondeat superior liability.

Wells v. Obaisi · filed 2020-03-27

But § 1983 only imposes liability on a person who actually “subjects, or causes to be subjected” any other person to a deprivation of federal rights—that is, the statute requires a defendant’s own personal involvement in the alleged violation; respondeat superior liability does not exist for purposes of § 1983.

Section 1983 requires a defendant to be personally involved in the alleged constitutional deprivation to be individually liable for damages.

MILLER v. BROWN · filed 2020-03-27

To begin with, no allegations support an inference that that Warden Brown, Sergeant Drada, or Officer Orndorff were involved in confiscating or keeping Mr. Miller’s legal folder. See Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (Individual liability for money damages under 42 U.S.C. § 1983 “requires personal involvement in the alleged constitutional deprivation.” (internal quotation omitted)).

Section 1983 requires a causal link between each defendant’s acts or omissions and an alleged violation of federal rights.

(PC) Casey v. Docanto · filed 2020-03-30

Although Plaintiff names Defendants Padrnos and Navarro as Defendants, Plaintiff fails to link them to an affirmative act or omission giving rise to his alleged constitutional violations.

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

(PC) Hunt v. Ramsey · filed 2020-03-30

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

(PC) Merriman v. Ponder · filed 2020-03-30

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.

(PC) Gleason v. Bobbala · filed 2020-03-30

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 alleged deprivation of rights.

(PC) Cortez v. Solano County Sheriff's Office · filed 2020-03-30

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

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

(PC) Chappa v. Vangerwin · filed 2020-03-30

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

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

(PC) Merriman v. Love · filed 2020-03-30

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 allegations connecting each government official’s own actions to a constitutional violation; vicarious liability is insufficient.

Arellano v. Jones · filed 2020-03-30

“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.” ... Plaintiff’s Complaint sets forth no facts which might be liberally construed to support any individualized constitutional claim against Defendant Sihotang. Therefore, the Court finds sua sponte dismissal of Defendant Sihotang is required pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b).

Section 1983 requires a defendant’s personal involvement in a constitutional deprivation, or that the injury occur at the defendant’s direction or with the defendant’s knowledge and consent.

Cunningham v. City Of Chicago · filed 2020-03-30

Liability under § 1983 requires that a defendant be personally involved in a constitutional deprivation or that the injury “occurs at the official’s direction or with his or her knowledge and consent.”

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

Gully, Jr. v. Hundley · filed 2020-03-30

Also, with respect to Hundley, there is likewise no evidence that he was personally involved in the decision to put Gully on suicide watch.

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

Julick v. Kenton County Detention Center · filed 2020-03-30

Thus, to be held liable under § 1983, a defendant must have personal involvement in the alleged unconstitutional conduct.

Section 1983 requires facts tying an individual defendant personally to the alleged deprivation of rights.

Siddha v. Sealing · filed 2020-03-30

Nothing in the record indicates that Sealing was personally involved in depriving Siddha of his right to access the courts. At bottom, Siddha has failed to state a claim against Sealing in his individual capacity for denial of access to the courts under § 1983.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation; supervisory authority alone is insufficient.

Jelen v. United States Marshall Service · filed 2020-03-30

The Amended Complaint is devoid of any allegations concerning Spano’s personal involvement in the alleged constitutional violations, which necessarily bars Jelen’s § 1983 claim.

Section 1983 requires allegations that the defendant personally caused or participated in a constitutional deprivation.

Gant v. VanLanen · filed 2020-03-31

As an initial matter, Plaintiff does not allege that Defendant knew of or received Plaintiff’s multiple requests to remove the restrictions. See Zimmerman v. Tribble, 226 F.3d 568, 574 (7th Cir. 2000) (to establish liability under § 1983, the complaint must contain allegations that an individual personally caused or participated in a constitutional deprivation).

Section 1983 claims against multiple defendants require allegations identifying what each defendant did; conclusory, collective allegations do not suffice.

Miles v. Conrad · filed 2020-03-31

The district court found that the complaint contained nothing more than conclusory allegations that Defendants Swonger, Mondragon, and Carder violated Mr. Miles’s constitutional or statutory rights. And it further found that the collective allegations against these Defendants failed to adequately specify which of them took the alleged wrongful actions. Mr. Miles does not point to any allegations in his complaint that undermine these conclusions or otherwise advance a reasoned argument that the court erred in reaching them. We affirm the dismissal of Defendants Swonger, Mondragon, and Carder for substantially the same reasons cited by the district court.

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

(PC) J'Weial v. Barge · filed 2020-03-31

A person can only be held liable under § 1983 for his or her own conduct.

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

(PC) Barth v. Crume · filed 2020-03-31

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 of rights.

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

(PC) Merriman v. Vila · filed 2020-03-31

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

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

(PC) Thomas v. Fry · filed 2020-03-31

Plaintiff must allege in specific terms how each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

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

(PC) Simmons v. Alcantara · filed 2020-03-31

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

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

(PC) Cortinas v. Baughman · filed 2020-03-31

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 allegations of each defendant’s personal participation; referring to jail employees collectively as “Jail Staff” does not establish individual liability.

Butler (ID 124313) v. Becker · filed 2020-03-31

He does not describe the personal participation of any of the three jail defendants, referring to them collectively as “Jail Staff.” This is not sufficient to hold any of these defendants personally liable under §1983.

Section 1983 requires personal responsibility for the challenged deprivation; a defendant cannot be held liable for adverse actions taken by others.

Trump v. Morgan · filed 2020-03-31

Morgan did not personally take any adverse action against plaintiff and he cannot be held liable for the adverse actions taken by others.

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

Harris v. The Governing Board of Artesia General Hospital · filed 2020-03-31

Plaintiffs must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983.

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

Dash v. Montas · filed 2020-03-31

Because there is no factual dispute as to Defendant Johnson’s lack of personal involvement in coercing a confession from Plaintiff, there is no basis for finding Johnson liable for any of Plaintiff’s claims, all of which are based on the allegedly forced false confession.

Section 1983 liability requires a clear showing that the defendant was personally involved in the conduct underlying the alleged constitutional violation.

Banks v. Campbell · filed 2020-03-31

Plaintiff cannot establish the liability of any Defendant absent a clear showing that the Defendant was personally involved in the activities which form the basis of the alleged unconstitutional behavior.

A § 1983 plaintiff must allege facts supporting a reasonable inference that the named defendants were personally involved in the alleged violation.

Cervantes v. Sutton · filed 2020-03-31

In order to state a § 1983 claim, a plaintiff must allege facts giving rise to a reasonable inference that the named defendants were personally involved in the alleged constitutional violation.

Section 1983 requires a plaintiff to prove that each government official defendant personally violated the Constitution; vicarious liability does not apply.

Doe v. Jackson Local Sch. Dist. · filed 2020-04-01

“[V]icarious liability is inapplicable to . . . § 1983 suits,” so a plaintiff must plead and prove “that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”

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

(PC) Miles v. Garland · filed 2020-04-01

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 specific acts or omissions by each defendant that caused the claimed constitutional violation.

Allen v. Cardenas · filed 2020-04-01

In addition, the Court finds Plaintiff’s FAC requires sua sponte dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B)(1) and § 1915A(b)(1) to the extent he fails to identify any specific action or inaction taken on the part of some of the named Defendants. ... Plaintiff has not stated a claim against Defendants Diaz or Montgomery because he has failed to allege specific facts regarding what actions were taken or not taken by these Defendants which caused the alleged constitutional violations.

Participation in a prison grievance process alone does not establish the personal involvement required for liability under § 1983.

Lamb 188625 v. Corizon · filed 2020-04-01

However, Plaintifffails to demonstrate any error in the Magistrate Judge’sreasoning, which is that “the basis for Plaintiff’s case against RN Lamb—her involvement in the grievance process—is insufficient to show personal involvement in the alleged unconstitutional conduct” (R&R, ECF No. 73 at PageID.785).

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

Bishop v. Federal Government · filed 2020-04-01

Mr. Bishop must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983 or Bivens.

Section 1983 requires allegations that each defendant was personally involved in the conduct underlying the claim; a chain of command alone does not establish liability.

Bowers v. Nix · filed 2020-04-01

Plaintiff fails to allege that Nix or Clark had any involvement in Plaintiff’s medical care or any of the other conduct underlying his claims and asserts simply that Defendants are liable “through” the chain of command. Such allegations are insufficient to establish a claim.

Section 1983 requires factual allegations supporting a claim against each defendant; naming someone only in the complaint’s caption is insufficient.

Blackshear v. Kozmin · filed 2020-04-02

Those two individuals are identified in caption of the complaint, but no factual allegations are included which would support a viable claim for relief. Those two Defendants will be dismissed.

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

(PC) Marsala v. Diaz · filed 2020-04-02

With respect to some of the defendants, plaintiff fails to make any allegations suggesting personal participation in any of the deprivations alleged. Liability in a 42 U.S.C. §1983 case “arises only upon a showing of personal participation by the defendant.”

Section 1983 does not make grievance reviewers liable for an underlying constitutional violation solely because they reviewed a grievance.

Hayes v. Josey · filed 2020-04-02

The due process claims against Z. Love and J. Robertson, based on their conduct as grievance reviewers, are DISMISSED without leave to amend; grievance reviewers are not responsible for the underlying constitutional violation.

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

Shunn v. Benson · filed 2020-04-02

Plaintiff must also allege a sufficient causal connection between each defendant’s actions and the claimed deprivation.

Section 1983 requires a plaintiff to show that the defendant personally violated the plaintiff’s constitutional rights.

Guinn v. Crumpler · filed 2020-04-03

Instead, Section 1983 requires a plaintiff to show that aspecific defendant personally violated the plaintiff’s constitutional rights.

Section 1983 does not impose liability on a defendant solely for another person’s misconduct; the defendant must personally participate in the deprivation of rights.

Barnes v. Yand · filed 2020-04-03

However, there is no respondeat superior liability under section 1983, and therefore, each defendant is only liable for his or her own misconduct. ... Plaintiff has failed to state a claim against the Mayor of Hanford.

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

Brooks v. Nevada Department of Corrections · filed 2020-04-03

First, it does not identify a particular defendant responsible for allegedly violating his rights. He must connect the alleged unconstitutional conduct to a particular defendant.

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

Batista v. New York Police Department · filed 2020-04-03

“[T]he ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’” Victory v. Pataki, 814 F.3d 47, 67 (2d Cir. 2016) (quoting Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006)). Here, the Complaint does not allege that either McSherry or Pagan used excessive force against Plaintiff, or that they were even present at the time of his arrest.

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

Washington v. Schneiderman · filed 2020-04-03

To state a claim under § 1983 against a person in their individual capacity, a plaintiff must allege facts showing the person’s direct and personal involvement in the alleged constitutional deprivation.

A § 1983 complaint must allege that the defendant sued violated the plaintiff’s federal rights.

Pooler v. Wilson · filed 2020-04-03

In other words, even if Pooler had a constitutional right to notice of the forfeiture proceedings initiated against the currency, she has not alleged that those rights were violated by the unnamed SLED agents, the only defendant against whom her § 1983 claim is alleged. As such, her claim cannot stand.

Section 1983 requires facts plausibly connecting each defendant to the alleged violation.

Schillinger v. Josh Kiley · filed 2020-04-06

Moreover, no allegations place these officers at the scene of the attack. Although Schillinger made other specific allegations against these three officers, he did not allege that they were among the “staff” that responded too slowly once the attack was underway and stood idly by while the beating continued.

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

Conner v. Vacek · filed 2020-04-06

To recover damages under 42 U.S.C. § 1983, a plaintiff must establish that a defendant was personally responsible for any alleged deprivations of constitutional rights.

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

(PC)Barth v. Turner · filed 2020-04-06

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

A Section 1983 claim may proceed past initial review despite somewhat conclusory allegations of each defendant’s personal involvement.

Lang v. Corrections · filed 2020-04-06

The Court recognizes that Plaintiff’s allegations are still somewhat conclusory with respect to the personal involvement of each defendant, but the Court will permit Plaintiff’s claims to proceed against Sheriff Cica, Sheriff Jane Doe and Supervisor John Doe in their individual capacities for further development.

A Section 1983 complaint must allege how each defendant personally violated the plaintiff’s rights.

Haynes v. Jaimet · filed 2020-04-06

Plaintiff listsDr. Ritz and Alisa Dearmond as defendants,but he fails to include any allegations against them in the statement of the claim section of his Amended Complaint.Becausehe fails to allege that these individuals violated his constitutional rights, these individuals are DISMISSED without prejudice.

Section 1983 requires a defendant sued as an individual to have been personally involved in the alleged constitutional deprivation.

El-Khatib v. City of Fort Wayne · filed 2020-04-06

The constitutional claims asserted via §1983 against Detective Newbauer fail for a number of reasons, not the least of which is that he was not personally involved in the events here.

Section 1983 requires each defendant to have been personally involved in the alleged wrongful conduct.

Miles v. Osborne · filed 2020-04-06

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 a plaintiff to allege that each defendant personally participated in the deprivation of a federal right.

McReynolds v. State of Washington · filed 2020-04-07

Plaintiff makes no allegation that Defendant Nelson personally participated in a deprivation. “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). Plaintiff’s constitutional claims asserted against Defendant Nelson should be dismissed for lack of personal participation.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; ruling against a prisoner on a grievance is not enough to establish liability.

Randall, James v. Wilfong · filed 2020-04-07

Ruling against plaintiff on his inmate complaint or grievance does not qualify as personal involvement in a constitutional violation and is not enough to state a claim.

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

(PC) Madrid v. Anglea · filed 2020-04-07

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. ... This allegation does not show that Khan played any role in the alleged constitutional deprivation of which Plaintiff complains.

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

Lindsay v. University of Connecticut Health Center · filed 2020-04-07

To obtain an award of damages in a section 1983 action, Lindsay must allege facts showing the personal involvement of each defendant in the alleged constitutional violation.

Section 1983 requires a defendant’s personal involvement in the alleged misconduct; deciding a grievance alone does not establish it.

Kennedy v. Swartz · filed 2020-04-07

Consequently, the actions of Varner, Canberry, and Harry in denying his grievance or in concurring in the administrative appeal process are insufficient to establish personal involvement necessary to state a claim.

Section 1983 requires allegations connecting each defendant to the claimed deprivation; naming defendants without alleging specific conduct does not satisfy causation.

(PC) Lear v. McConnell · filed 2020-04-08

Plaintiff has failed to satisfy the threshold causation requirement with respect to defendant Muniz and the two “Doe” defendants. The court is unable to find any specific allegations against these defendants in plaintiff’s complaint.

Section 1983 requires a public official’s personal involvement in the alleged deprivation of rights; receiving allegations and failing to act is insufficient.

Felix v. Dare County Sheriff's Department · filed 2020-04-08

Either defendant’s failure to act from word-of-mouth allegations are insufficient to allege a violation under § 1983.

Section 1983 requires a defendant’s personal involvement; merely responding to or reviewing an inmate grievance is insufficient.

Williams v. Ferdarko · filed 2020-04-09

However, merely responding to or reviewing an inmate grievance does not rise to the level of personal involvement necessary to allege a deliberate indifference claim.

Section 1983 requires each individual defendant’s personal participation in the alleged deprivation of rights; naming officials without alleging their actions fails to state a claim.

(PC) Hamilton v. California · filed 2020-04-09

In fact, as far as the court can discern, none receives specific mention in the body of the complaint. Thus, he has failed to state a cognizable claim against any of them.

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

(PC) Edwards v. Lamas · filed 2020-04-09

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.

A Section 1983 claim against an individual requires allegations of that person’s personal involvement.

Jyrome of the Family Paige v. Child Support Program · filed 2020-04-09

To state a Section 1983 claim against a person in an individual capacity, the plaintiff must allege at least some personal involvement of the individual in question.

Section 1983 requires a defendant’s personal involvement in the constitutional violation; falsifying disciplinary reports to cover up another officer’s excessive force can satisfy that requirement.

Lewis v. Hanson · filed 2020-04-09

To be liable under § 1983, a defendant must be “personally involved” in the alleged constitutional violation. ... These allegations are sufficient to plausibly allege Kearney and Kingston’s personal involvement in the assault on Plaintiff.

Section 1983 personal involvement may be established through circumstantial evidence that creates a genuine dispute about whether the defendant participated in the alleged violation.

Tranchina v. McGrath · filed 2020-04-09

Since Defendant Barnaby was, by his own admission, the only "white shirt" to respond to the incident, the Court finds that this is sufficient to create a question of fact as to whether he was personally involved in the alleged use of excessive force.

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

Brown v. New York City Police Department · filed 2020-04-09

Brown’s complaint, however, suffers from a different flaw: it fails to allege the personal involvement of any of Defendants. “[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

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

(PC) Sosa v. Foulk · filed 2020-04-10

However, Section 1983 requires that a link exist between plaintiff’s failure to receive necessities such as meals and showers and the actions of each of the defendants.

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

(PC) Wilkins v. Gipson · filed 2020-04-10

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.

(PC) Kessler v. Ierokormos · filed 2020-04-10

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

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

Cain v. Neal · filed 2020-04-10

Because he hasn’t alleged facts suggesting that Warden Neal was personally involved in this decision, Mr. Cain can’t proceed against him.

Section 1983 requires a defendant’s personal involvement; a healthcare official’s considered denial of a grievance can constitute an independent healthcare decision.

Rains 850456 v. Washington · filed 2020-04-10

Although typically denial of an administrative grievance does not support § 1983 liability, in the context of reviewing a healthcare decision, consideration and denial of a grievance bears all the hallmarks of an independent healthcare decision. Accordingly, based on the nature of the grievance responses by the Healthcare Defendants, the Court concludes they have actively participated in the decision that gives rise to potential § 1983 liability.

Section 1983 requires a showing that each defendant was personally involved in or responsible for the alleged constitutional violation.

Krecker v. Brown · filed 2020-04-13

Contrary to the Court’s direction, Plaintiff did not describe any actions taken by the Defendants that allegedly resulted in a violation of his federal constitutional rights. Section 1983 requires a showing of each Defendant’s personal involvement or responsibility for the constitutional violations.

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

(PC)Howell v. Ybarra · filed 2020-04-13

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 allegations that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Turner v. Guibord · filed 2020-04-13

Under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff names the Mayor Darrell Steinberg as a defendant, but he has not included any allegations tying this defendant to any alleged violation of plaintiff’s rights. There are also no allegations linked to the store clerk, Mr. Wiggins. Accordingly, plaintiff fails to state a claim against these two defendants.

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

(PC) Ontiveros v. Eldridge · filed 2020-04-13

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 personal fault by the defendant and does not impose respondeat superior liability.

Yarbrough v. Watson · filed 2020-04-13

This is because Section 1983 liability hinges on personal liability and is predicated upon fault; there is no respondeat superior liability.

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

Santos v. Cuomo · filed 2020-04-13

“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under Section 1983.”

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation to support a damages claim.

Ridge v. Havas · filed 2020-04-13

Here, plaintiff’s allegations fail to state a plausible Section 1983 claim against Lt. Goble and Chief Mir. The amended complaint does not contain any allegations suggesting Lt. Goble and Chief Mir’s personal involvement in a constitutional violation.

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

Foster v. Donahue · filed 2020-04-13

It is well settled in this circuit that personal involvement by defendants in cases alleging constitutional deprivations is a prerequisite to an award of damages under § 1983.

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

(PC) Eleby v. Beard · filed 2020-04-14

Once again, however, in direct contravention of Section 1983 threshold requirements, plaintiff fails to identify which specific defendants failed to treat him for his condition and/or pain and when.

Section 1983 requires a defendant sued in an individual capacity to have personally participated in the alleged deprivation of rights.

(PC) Cox v. Krpin · filed 2020-04-14

With respect to plaintiff’s deliberate indifference claim, there is no stated link between specific defendants and each one’s specific actions that led to plaintiff’s specific harm.

Section 1983 requires allegations connecting each individual defendant to the violation of the plaintiff’s constitutional rights.

Greene v. Middle Tennessee Mental Health Institute · filed 2020-04-14

Because the plaintiff does not allege how Smalls or Selikoff was involved in the violation of his constitutional rights, he cannot impose liability on them under Section 1983.

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

(PC) Brown v. Porter · filed 2020-04-15

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 facts connecting an individual defendant to the challenged conduct.

Dabish v. Wayne County Airport Police · filed 2020-04-15

Moreover, the facts as alleged by Plaintiff do not suggest that the individual Defendants were present at the time the cash was seized or that they were in anyway involved in “accosting” or “targeting” Plaintiff on the day in question.

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

(PC) Witkin v. Wagner · filed 2020-04-16

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

Section 1983 requires facts linking each defendant personally and causally to the alleged deprivation of rights; vague allegations against a group of defendants do not suffice.

Dewalt v. Brauner · filed 2020-04-16

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.” ... The Court will therefore dismiss these defendants from this action.

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

Gunn v. Annucci · filed 2020-04-16

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

Section 1983 requires evidence of each defendant’s personal involvement in the alleged violation.

Kouekassazo v. City of Columbus · filed 2020-04-16

Even if the alleged events happened, Mr. Kouekassazo must prove Defendants’ specific involvement. He cannot just assume it.

Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct; supervisory status alone is insufficient.

Young v. Ferguson · filed 2020-04-16

Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”

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

(PC) Dunsmore v. Thomas · filed 2020-04-17

Here, the claims against the Doe defendants are inadequate to proceed because the complaint does not identify specific acts by either Doe that allegedly violated the plaintiff’s rights. ... There can be no liability under Section 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

Section 1983 requires factual allegations connecting each defendant personally to the alleged deprivation; conclusory allegations do not establish individual liability.

(PC) Urmancheev v. Anglea · filed 2020-04-17

Such “bald and conclusory allegations are insufficient to establish individual liability under 42 U.S.C. § 1983.”

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in or causal connection to a deprivation of rights.

Bankhead v. Sutton · filed 2020-04-17

More fundamentally, Plaintiffs do not allege how each of the nearly 40 Defendants listed was personally involved or causally connected to any deprivation or violation.

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

JORDAN v. PHERSON · filed 2020-04-17

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

Section 1983 requires a plaintiff seeking to hold a defendant individually liable to show that defendant’s personal involvement in the alleged constitutional deprivation.

Hill v. Tyburski · filed 2020-04-19

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). Hill does not do so.

Section 1983 requires allegations connecting each named defendant to the claimed violation; merely listing officers as defendants is insufficient.

Hill v. Alicia · filed 2020-04-19

It is very important that the fact section of Hill’s complaint name the specific officers he believes assaulted him, or deprived him of medical care; it is not enough to simply list officers at the front of the complaint and not connect them to the allegations at the end. ... And Hill has alleged facts connecting each named defendant to the use of excessive force. ... Hill’s excessive force claim may therefore proceed against Correctional Officers Rosseni, Sandone, Pergy, and Williams, as well as Captains Chevalier and Jones.

A § 1983 complaint must identify what each defendant did or failed to do that caused the plaintiff’s injury.

Tabbert v. Larson-Matushak · filed 2020-04-20

Plaintiff’s claim against the medical staff is too vague to survive threshold review because the complaint does not allow the defendants or the court to understand what each defendant is alleged to have actually done or not done that caused Plaintiff injury.

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

Eason v. Naqvi · filed 2020-04-20

“It is well settled . . . that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Mr. Eason has not alleged any facts showing Officer Danek’s personal involvement in the alleged deprivation of medical care. Accordingly, his claim against Officer Danek will be dismissed.

Section 1983 limits a public employee’s liability to the employee’s own misconduct; approving a drug for a formulary does not make the employee liable for a provider’s overprescribing.

Barkes v. Wexford Health Sources · filed 2020-04-20

The mere fact that Defendants Meeks or Wexford authorized Klonopin to be included in the formulary did not make them liable for the healthcare providers allegedly over-prescribing it. This is so, as § 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.”

Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s constitutional rights.

Marshall v. Finch · filed 2020-04-20

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires a plaintiff suing an individual defendant to allege that defendant’s personal involvement in the constitutional deprivation.

Thomas v. FitzPatrick · filed 2020-04-20

Because the Complaint is devoid of any allegations sufficient to establish any personal involvement by Sheriff Toulon in the conduct of which Plaintiff complains, Plaintiff’s Section 1983 claims against Sheriff Toulon 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 facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Correa v. Ginty · filed 2020-04-20

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Captain James Ginty 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 a plaintiff to plead an individual state actor’s direct involvement in the alleged violation when that actor was not the plaintiff’s supervisor.

James v. Cuny-John Jay College · filed 2020-04-20

Here, however, the SAC does not allege that Gray or Singh were James’ supervisor. They are therefore no different than any other state actor -- James must plead their direct involvement in order to state a claim for relief under § 1983.

Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional violation; officials who held no relevant position during the actionable period cannot be liable.

Aponte v. City of New York · filed 2020-04-20

The Court agrees that the record establishes that Goord, Leclaire, Dennison, and Evans were either retired or not yet serving in the relevant positions during Plaintiff’s potentially actionable time period of May 2 to June 20, 2008 and therefore cannot be held responsible for any purported violations that affected Plaintiff’s rights.

Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct.

Johnson v. Tritt · filed 2020-04-20

Under § 1983, individual liability may be imposed only if the state actor played an “affirmative part” in the alleged misconduct.

Section 1983 requires each defendant to be personally involved in the alleged constitutional deprivation; supervisory status alone does not establish liability.

Alexander v. Harry · filed 2020-04-20

It is also well-settled in the Third Circuit that personal involvement of defendants in alleged constitutional deprivations is a requirement in a § 1983 case and that a complaint must allege such personal involvement.

Section 1983 requires each defendant’s personal involvement in the alleged violation of federal rights.

(PC) Price v. Ebler · filed 2020-04-21

There can be no liability under § 1983 without personal involvement.

Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions violated the plaintiff’s rights; allegations against defendants as a group are insufficient.

Hackney v. Finch · filed 2020-04-21

It is not enough for plaintiff to make general allegations against all the defendants as a group. Rather, plaintiff needs to provide the role of each named defendant in this case, in order that each specific defendant can know what he or she is accused of doing.

Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions caused the deprivation of his rights.

Luke v. Finch · filed 2020-04-21

It is important that plaintiff establish the responsibility of each separate defendant for harming him. That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Reed v. Finch · filed 2020-04-21

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions caused a deprivation of the plaintiff’s rights.

Bowen v. Finch · filed 2020-04-21

It is important that Plaintiff establish the responsibility of each separate defendant for harming him. In other words, for each defendant, Plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

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

COPELAND v. MERCER COUNTY CORRECTION CENTER · filed 2020-04-21

But a defendant's participation in an after-the-fact review of a grievance is insufficient to establish personal involvement in an underlying constitutional wrong.

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

Woodham v. Moody · filed 2020-04-22

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

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

(PC) Chillis v. Neuschmid · filed 2020-04-22

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 plaintiff to name as defendants only people who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Florence v. Beards · filed 2020-04-22

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

(PC) Rood v. Lockwood · filed 2020-04-22

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. ... The court has reviewed the allegations in your complaint and concluded that you do not link any of the alleged constitutional violations to the individual defendants or provide sufficient facts to state a constitutional violation.

Section 1983 does not impose liability on a prison official solely for reviewing a prisoner’s administrative appeal.

(PC) Vallery v. Botkin · filed 2020-04-22

A prison official’s mere administrative review of a prisoner’s appeal cannot serve as the basis of the official’s liability under § 1983.

Section 1983 does not impose liability on an official merely for denying a grievance or failing to act on information in it.

Green 189440 v. Anderson · filed 2020-04-22

Moreover, § 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.

Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s constitutional rights.

Lewis v. Finch · filed 2020-04-22

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Jacobs v. Finch · filed 2020-04-22

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires personal participation by a government official sued in an individual capacity.

Heaton v. Stirling · filed 2020-04-22

“The law is clear that personal participation of a defendant is a necessary element of a Section 1983 claim against government officials in their individual capacities.” ... These defendants were not SCDC employees in 2004 (Dkt. No. 67- 2), which Plaintiff does not dispute (Dkt. No. 101 at 16). These § 1983 claims as to these Defendants are dismissed for this reason.

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

(PC) Whitely v. Lebeck · filed 2020-04-23

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.