Statute Annotations › Federal › 42 U.S.C. § 1983

42 U.S.C. § 1983

Civil action for deprivation of rights: the cases that interpreted this section

Jurisdiction
Federal
Case notes
71,725
Cited in passing
92,787
Citing cases indexed
283,166
Case dates
1955–2021
Screened through
2021-01-26
Checked for later law changes
2026-10-17
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

164,512 citing cases reviewed of 283,166 in the citation index: 71,725 interpreted the section (annotated below), 92,787 cited it only in passing. Cases filed after 2021-01-26 may not have been reviewed yet.

Have a situation under 42 U.S.C. § 1983?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Personal involvement of defendant

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

(PC) Millare v. Murphy · filed 2020-04-23

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.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; simply reviewing an inmate grievance is insufficient.

Christmas v. Wexford Health Sources, Inc. · filed 2020-04-23

In order to establish liability under § 1983, a plaintiff must demonstrate that a given defendant was personally involved in the alleged constitutional deprivation. Prison officials who simply process or review inmate grievances lack personal involvement in the conduct forming the basis of the grievance.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

BAILEY v. ANDREWS · filed 2020-04-23

“Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.”
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of a plaintiff’s civil rights.

Sublett v. Doe · filed 2020-04-23

Personal liability in a § 1983 action hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal responsibility for the claimed deprivation of rights; general allegations against defendants as a group are insufficient.

Thompson v. Finch · filed 2020-04-23

It is not enough for plaintiff to make general allegations against all the defendants as a group.
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Section 1983 holds officials sued in their individual capacities responsible only for their personal conduct.

Boland v. Sandoval County · filed 2020-04-23

Defendants correctly acknowledge that Iqbal requires that officials sued under section 1983 are responsible only for their personal conduct.
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A § 1983 claim against a supervisor in his individual capacity requires factual allegations of his personal involvement in the alleged rights violation.

PARHAM v. MAY · filed 2020-04-23

The Court finds that Plaintiff’s TAC is wholly deficient as to Defendant May’s personal involvement in the alleged constitutional violations since there are no factual allegations to support the viability of a claim against him in his individual capacity.
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Section 1983 requires allegations connecting each defendant to the alleged rights violation; naming an official without alleging any involvement does not state a claim against that official.

Lewis v. Superintendent Mason · filed 2020-04-23

With respect to Defendant Wetzel, however, there are no averments related to him in the body of the amended complaint. Thus, Plaintiff’s claims against him are subject to dismissal for that reason alone.
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Section 1983 requires personal involvement in the challenged conduct; processing or reviewing an inmate grievance alone does not establish it.

Verrier v. Murphy · filed 2020-04-24

However, prison officials who process or review inmate grievances lack personal involvement in the conduct forming the basis of the grievance.
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Section 1983 requires facts showing an individual defendant’s personal involvement in the constitutional deprivation or a causal connection between that defendant’s conduct and the deprivation.

(PC) Rodriguez v. Clemmons · filed 2020-04-24

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

Nall v. Sussex Correctional Institution · filed 2020-04-24

Liability in a 42 U.S.C. § 1983 action is personal in nature, and to be liable, a defendant must have been personally involved in the wrongful conduct.
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Section 1983 permits a claim to proceed past initial review when the complaint alleges that each named state employee had decision-making power over the challenged restrictions.

Derby v. Wiskus · filed 2020-04-24

Plaintiff clearly alleges in the Amended Complaint that all named defendants are officials or employees of SORTS or the Missouri Department of Mental Health, and that they all have decision-making power at SORTS in regards to access to religious practice and materials.
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Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Fisher v. Finch · filed 2020-04-24

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.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; naming a defendant in the caption is insufficient.

Holmes v. Hawthorne · filed 2020-04-24

Plaintiff is required to allege facts showing how each named defendant was directly involved in, and personally responsible for, violating his rights.
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Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Jones v. Finch · filed 2020-04-24

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

Anderson v. Finch · filed 2020-04-24

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

Dooley v. Wetzel · filed 2020-04-27

Dooley’s Complaint failed to state an adequate § 1983 claim because it did not demonstrate personal involvement by any of the defendants in the complained-of conduct.
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Section 1983 requires a plaintiff to identify each individual defendant and link that defendant’s personal participation to the alleged harm.

(PC) Fields v. Kernan · filed 2020-04-27

A viable Section 1983 claim must name specific defendants who can be linked to and/or who have personally participated in the harm plaintiff alleges.
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A § 1983 complaint must allege conduct by each defendant that could support a claim against that defendant.

Seibert v. Maier · filed 2020-04-27

The plaintiff must plead sufficient facts to show that each individual defendant committed a redressable legal wrong. ... He fails to allege any conduct by Defendant Wahtola at all.
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Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the claimed harm.

Rankin v. Finch · filed 2020-04-27

It is important that plaintiff allege facts explaining how each defendant was personally involved in and directly responsible for harming him.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Flannel v. Finch · filed 2020-04-27

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.
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Section 1983 requires factual allegations connecting an individual defendant to the alleged violation; naming the defendant in the caption alone is insufficient.

CASTELONIA v. HOLLENBUSH · filed 2020-04-27

With respect to Defendant Ashton, Plaintiff names him in the caption, but there are no averments related to him in the body of the complaint. Plaintiff’s complaint is subject to dismissal with respect to Defendant Ashton for that reason alone.
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Section 1983 requires a plaintiff to name defendants who personally participated in the alleged deprivation of constitutional rights.

(PC) Easley v. Strain/Hall · filed 2020-04-28

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

(PC) Dixon v. Navarro · filed 2020-04-28

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

Martinez v. LaManna · filed 2020-04-28

Moreover, Section 1983 liability cannot be predicated on a theory of respondeat superior.
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Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of rights.

Yousef v. County Of Westchester · filed 2020-04-28

Plaintiff has failed allege that Cheverko had any personal involvement in Bassem’s death, and as such, no § 1983 claims can be maintained against him.
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Section 1983 requires a defendant’s personal involvement in the alleged misconduct for individual liability.

Williams v. Magee · filed 2020-04-28

Thus, Plaintiff has failed to demonstrate that Defendants McGee and Kowalski were personally involved in the alleged misconduct such that they could be held liable for the alleged violation of Plaintiff’s Eighth Amendment rights.
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Section 1983 requires a plaintiff to plausibly allege each defendant’s personal involvement in the claimed violation.

Proctor v. James · filed 2020-04-29

Proctor failed to plausibly allege that any defendant was personally involved in the alleged confiscation.
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Section 1983 permits liability only for someone personally responsible for a constitutional violation.

Wojcik v. Cook County, Illinois · filed 2020-04-29

Only someone personally responsible in a constitutional violation can be held liable under § 1983.
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Section 1983 requires a plaintiff to allege a specific injury linked to the conduct of each defendant.

Shreeve v. Arizona Department of Public Safety · filed 2020-04-29

The plaintiff must also allege that he suffered a specific injury as a result of the conduct of a particular defendant, and must allege an affirmative link between the injury and the conduct of that defendant. ... But Plaintiff still fails to explain how the named Defendants – Governor Ducey and Directors Milstead and Tobin – committed defamation or violated his Fifth, Eight, and Fourteenth Amendment rights. ... The Court therefore must dismiss the complaint for failure to state a claim for relief.
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Section 1983 requires a plaintiff to allege what each defendant did to deprive the plaintiff of a federal right; vague allegations against defendants collectively fail to state a claim.

(PC) Shikeb Saddozai v. Hosey · filed 2020-04-29

We have screened plaintiff’s first amended complaint and find that it fails to state a cognizable claim against any defendant. Plaintiff may file a second amended complaint if he wishes to proceed with this suit. An amended complaint would need to allege what each defendant did and why those actions violated plaintiff’s constitutional rights.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Perkins v. Saipher · filed 2020-04-29

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.
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Section 1983 requires liability to rest on a defendant’s own actions or inactions, not respondeat superior.

Howard v. Mississippi Department of Corrections · filed 2020-04-29

Indeed, defendants can only be held liable for their own actions or inactions under 42 U.S.C. § 1983; liability may not be found by way of a respondeat superior theory.
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A § 1983 claim against a supervisor can proceed when evidence creates a genuine dispute about the supervisor’s personal involvement in the alleged constitutional violations.

SMITH v. THE DEPT. OF CORRECTIONS OF NEW JERSEY · filed 2020-04-29

Here, there remains a genuine dispute of material fact as to whether Defendant had personal involvement in the underlying constitutional violations.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisory role alone does not establish liability.

Lee v. Jess · filed 2020-04-30

Under 42 U.S.C. §1983, a plaintiff may sue only those individuals who were personally involved in the alleged constitutional violation. ... The undisputed facts show that none of the defendants were involved in the decision not to adjust the plaintiff’s sentence under Act 28.
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Section 1983 requires a causal connection between an official’s conduct and the alleged constitutional deprivation; allegations that an official authorized or directed the force can support a claim against that official.

Palmer v. Hampton · filed 2020-04-30

Additionally, the Eleventh Circuit requires “‘an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation’ in § 1983 cases.” ... In reaching this conclusion, the Court observes that Palmer asserts that Biascochea authorized and/or directed the May 23, 2019 chemical spraying and cell extraction based on false accusations that he had not complied with orders, resulting in Palmer suffering with hand, head, and genital injuries. ... As such, Defendants' Motion is due to be denied as to Palmer’s Eighth Amendment claims against them.
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Section 1983 limits public employees’ liability to their own misconduct; receiving grievances about others’ conduct does not establish personal involvement.

Meskauskas v. Hansen · filed 2020-04-30

Section 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.”
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A Section 1983 claim cannot proceed against a defendant named only in the complaint’s caption.

Brown v. St. Clair County Jail · filed 2020-04-30

Merely invoking the name of a potential defendant is not sufficient to state a claim against that individual.
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Section 1983 requires facts tying an individual officer to the challenged conduct or supporting bystander liability.

Robinson v. City of Hagerstown, Maryland · filed 2020-04-30

More significantly, because the Complaint makes only general reference to actions by “officers,” it contains no specific factual allegations to suggest that Branche personally took, or failed to take, any actions to confirm Robinson’s identity. It also contains no allegation that Branche, if he did not personally engage in the relevant actions, would be subject to bystander liability under the standards enunciated in Randall v. Prince George’s Cnty., Maryland, 302 F.3d 188, 204 (4th Cir. 2002).
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Section 1983 requires a plaintiff to allege facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.

Dawes v. New York City Housing Authority · filed 2020-04-30

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. ... In any event, even under Colon, the plaintiff does not allege any facts showing how Defendants Hector Ramos, Paul Sebastian, Mr. Uwn, Anita Lal, Kimberly Taylor, Monique McLeod, John Resi, Lynette Hill, Mohammed Zubair, Ms. Brown, and Ms. Barnette were personally involved in the events underlying his claims.
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Section 1983 requires a plaintiff to allege how each named defendant personally participated in violating the plaintiff’s constitutional rights.

Stamper v. Crow · filed 2020-04-30

Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in violating the plaintiff’s rights; employment or supervisory status alone is insufficient.

Keely v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires allegations of each defendant’s personal participation; employment or supervisory status alone is insufficient.

Bishop v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in violating the plaintiff’s rights; employment or supervisory status alone is insufficient.

Davis v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a defendant’s personal involvement in an act or omission that deprives the plaintiff of constitutional rights.

Morgan v. Director of TDCJ · filed 2020-04-30

Further, Plaintiff does not dispute the Magistrate Judge’s proper conclusions that ... (2) Plaintiff failed to show that any Defendant was personally involved in any act or omission that deprived Plaintiff of his constitutional rights, see Silva v. Moses, 542 F. App’x 308, 310-11 (Sth Cir. 2013); ... The Court therefore adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Heim v. Doe · filed 2020-05-01

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.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a governor’s authority over state agencies alone does not establish liability.

BASTON v. HOLCOMB · filed 2020-05-01

Although § 1983 allows litigants to seek redress for violations of their constitutional rights, see 42 U.S.C. § 1983, liability under § 1983 "requires personal involvement in the alleged constitutional deprivation." Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). Although Governor Holcomb is, as Governor of Indiana, in charge of all state agencies, he was not personally involved in Mr. Baston's criminal prosecution or conviction.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Chambers v. Lombardi · filed 2020-05-01

Accordingly, the Court will consider the merits of any potential claims regarding each segment of the incident only as to those individuals who were involved in the segment at issue.
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Section 1983 requires each individual defendant to have personal involvement in the alleged wrongdoing; reviewing a grievance after the fact is insufficient.

JACKSON v. ARMEL · filed 2020-05-01

To maintain a § 1983 claim, each individual defendant “must have personal involvement in the alleged wrongdoing.”
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Section 1983 requires a defendant’s personal involvement in a constitutional violation; affirming a conduct report alone is insufficient.

Randall, James v. Wilfong · filed 2020-05-04

In addition, the fact that defendants Thome and Whichmann affirmed the conduct report does not qualify as personal involvement in a constitutional violation and is not enough to state a claim.
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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) Strand v. Lizarraga · filed 2020-05-04

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.
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Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Lal v. United States of America · filed 2020-05-04

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.
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Section 1983 requires personal responsibility for a constitutional deprivation; a plaintiff cannot sue broad groups of unspecified staff without identifying the individuals responsible.

Brown v. St. Clair County Jail · filed 2020-05-04

Section 1983 liability hinges on personal responsibility for the deprivation of a constitutional right. ... However, Plaintiff cannot pursue a claim against a large group of unspecified defendants, such as “unknown medical staff” and “unknown jail staff.” Accordingly, Count 1 shall be dismissed without prejudice from this action.
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Section 1983 requires a plaintiff seeking damages from individual defendants to allege their personal involvement in the violation.

Brown v. NYC D.O.C. Chief Jennings · filed 2020-05-04

However, the plaintiff has not adequately pleaded the personal involvement of any individual defendant sufficient to sustain a claim for money damages under 42 U.S.C. § 1983.
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Section 1983 requires personal involvement; a defendant cannot be held liable for medical treatment provided by other staff without a basis for attributing that treatment to her.

Collard v. Blozinski · filed 2020-05-05

Although the plaintiff claims that his medical treatment was inadequate, those claims do not involve the defendant, who never personally examined or treated the plaintiff. The plaintiff provides no basis to hold the defendant liable for the medical treatment from other HSU staff.
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Section 1983 requires a defendant to have personally caused or participated in a constitutional violation.

Pozo v. Schmidt · filed 2020-05-05

Section 1983 limits liability to public employees who are personally responsible for a constitutional violation.
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Section 1983 requires personal involvement in a constitutional violation and does not impose collective or vicarious liability.

Bradley v. Kallas · filed 2020-05-05

Section 1983 does not create collective or vicarious responsibility.
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Section 1983 requires a causal link between each defendant’s actions and the alleged deprivation of rights.

(PC) Cramer v. Hubbard · filed 2020-05-05

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.
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A Section 1983 complaint must sufficiently allege each defendant’s involvement in the claimed deprivation of rights.

(PC) Hill v. Diaz · filed 2020-05-05

Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
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Section 1983 requires an individual defendant to be personally responsible for the deprivation of rights.

Young v. Young · filed 2020-05-05

In order to hold an individual liable under Section 1983, Plaintiff must “show that the defendants were personally responsible for the deprivation of their rights.”
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Section 1983 requires an individual defendant to be personally involved in the prisoner’s medical care or treatment; a managerial title alone does not establish liability.

Cole, Damien v. Health Services Manager Marchant · filed 2020-05-06

Only individuals who are personally involved with a prisoner’s medical care or treatment can be held liable for a constitutional violation under 42 U.S.C. § 1983.
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Section 1983 requires facts connecting each defendant personally to the claimed constitutional injury; job responsibilities alone do not establish liability.

(PC) Wilkins v. Barber · filed 2020-05-06

In addition, “a defendant may not be held liable under § 1983 merely because he had certain job responsibilities.” ... Instead, plaintiff must include specific factual allegations showing how, or to what extent, Adams or Recarey may be held personally liable for any constitutional injury.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.

GRAHAM v. ZATECKY · filed 2020-05-06

Applying the foregoing legal standard to the undisputed facts, Ms. McCullough has established that she was not employed or working at PCF at any time relevant to Mr. Graham's claims. ... “Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.”
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the acts at issue.

Hobbs v. New York City Department of Transportation · filed 2020-05-06

Plaintiff must name as proper defendants those individuals who have some personal involvement in the acts he alleges in the amended complaint.
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Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

Donohue v. Hughes · filed 2020-05-06

To prevail on an Eighth Amendment claim under § 1983 against a specific defendant, a plaintiff must show for that defendant that he or she personally participated in the deprivation of the plaintiff’s rights.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Kravitz v. Leis · filed 2020-05-07

“[I]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Kravitz points to no evidence that Leis, or indeed anyone else, reversed the grievance coordinator’s ruling or denied his grievance.
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Section 1983 requires a plaintiff to connect each defendant’s acts or omissions to the alleged constitutional deprivation.

Morris v. Gonzales · filed 2020-05-07

Plaintiff fails to identify any Defendant who was purportedly responsible for deciding to place him in the jumpsuit, labeling him as a sex offender, or that had any knowledge of the circumstances Plaintiff alleges he faced on the exercise yard.
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Section 1983 requires a plaintiff suing an individual defendant to allege facts showing that defendant’s personal responsibility for the harm.

Bodway v. Payne · filed 2020-05-07

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.
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Section 1983 claims against individual defendants require factual allegations identifying each defendant’s wrongful conduct.

Ansara v. Maldonado · filed 2020-05-07

Without defendant-specific allegations of wrongdoing, the Court cannot adequately evaluate how due process rights were infringed through deliberately indifferent conduct and by which defendant. Dismissal of these three claims is therefore appropriate, but without prejudice and with leave to amend.
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional deprivation.

Oliver v. Yaphank Correctional Facility · filed 2020-05-07

In order to state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Turner v. Procopio · filed 2020-05-07

Even if this defendant had been properly served, however, plaintiff’s claim against defendant Werne independently fails because she has failed to plead his personal involvement.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Smith v. Perez · filed 2020-05-08

At this initial stage in action, the Court nevertheless will permit Mr. Smith’s claim to proceed against Defendants Lieutenant Perez, Deputy Warden Snyder, Captain Perez and Counselor Supervisor Long, who allegedly all have some involvement in the events that resulted in the loss of his housing assignment and employment. See Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006) (“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.”).
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Section 1983 requires a plaintiff seeking damages to allege each defendant’s personal involvement in the constitutional deprivation; supervisory status alone is insufficient.

Kerr v. Hines · filed 2020-05-08

Mr. Kerr, however, has not stated a plausible Fourteenth Amendment claim because he has not alleged the personal involvement of any of the named defendants. “It is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)).
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of rights.

Azeezuddin v. Smith · filed 2020-05-11

Azeezuddin fails to allege any facts indicating that any of the Defendants were personally involved in the deprivation of his Eighth Amendment rights.
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Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Stiles v. Baros · filed 2020-05-11

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.
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Section 1983 liability cannot rest solely on a prison official’s processing of an inmate’s grievances.

Mack v. Perez · filed 2020-05-11

(4) failed to state a Section 1983 claim based on the handling of plaintiff’s inmate grievances ... because, among other reasons, a prison official’s processing of an inmate’s appeals, without more, cannot serve as a basis for Section 1983 liability; ... This Court agrees with and adopts the March ... Order, and finds that the Magistrate Judge properly dismissed the Complaint with ... leave to amend for the reasons discussed therein.
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Section 1983 requires a plaintiff to link each defendant’s own actions or omissions to the alleged violation; vicarious liability does not suffice.

Williams v. Yanez · filed 2020-05-11

“Causation is, of course, a required element of a § 1983 claim.” ... There are no factual allegations linking Defendants Diaz, Montgomery, or Amat to any of his claims regarding alleged constitutional violations. Thus, for these reasons, the Court finds that Plaintiff’s claims against Diaz, Montgomery, and Amat must be dismissed for failing to state a claim upon which relief may be granted.
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Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged wrongdoing.

Lewis v. Connections · filed 2020-05-11

A claim under 42 U.S.C. § 1983 requires a showing that a defendant was personally involved in the alleged wrongdoing.
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A plaintiff seeking damages under Section 1983 must allege each defendant’s personal involvement in the violation.

Sherman v. Litz · filed 2020-05-11

Further, to the extent they are seeking damages, Sherman and Eby must show that the defendants were personally involved in the alleged violation of their rights. ... Here, as to defendant Davis, all Sherman and Eby allege is that they asked for a grievance form from her. That is not sufficient to show personal involvement on the part of Davis. For this reason also, the complaint fails to state a claim upon which relief may be granted as to defendant Davis.
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Section 1983 requires a showing that the defendant personally participated in the alleged rights deprivation.

Vaughn v. Wegman · filed 2020-05-12

The district court properly granted summary judgment on Vaughn’s First and Fourteenth Amendment claims because Vaughn failed to raise a genuine dispute of material fact as to whether Wegman personally participated in the decisions that Vaughn challenges, or exercised authority over the individuals who made those decisions.
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Section 1983 liability requires personal responsibility for a constitutional deprivation.

Ezebuiroh v. Doe 1 · filed 2020-05-12

Section 1983 liability hinges on personal responsibility for a constitutional deprivation.
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An individual-capacity claim under § 1983 requires evidence that the defendant was personally involved in the alleged rights violation.

King v. Herbert · filed 2020-05-12

Without evidence of personal involvement, an “essential element” of an individual capacity claim under § 1983, King cannot prevail on her Fourth Amendment claim against Sgt. Thompson, Sgt. Davis, or Lt. Bergeron.
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Section 1983 liability requires personal involvement in the alleged violation; processing arrest paperwork alone does not establish it.

LEARY v. COOK · filed 2020-05-12

The record reveals that Officer Cook was not personally involved in seeking the arrest warrant or investigating or prosecuting Plaintiff. Officer Cook is entitled to summary judgment on all civil rights claims.
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Section 1983 does not make an arresting officer liable for a later wrongful detention based on protests of innocence when the officer had no responsibility for continued custody.

Seales v. City of Detroit · filed 2020-05-13

Nor do an arrestee’s claims of innocence in the context of a permissible arrest create later liability for an officer who does not have responsibility to oversee the custody.
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Section 1983 requires each defendant to have personally participated in the deprivation of the plaintiff’s rights; liability cannot rest on respondeat superior.

(PC) Micenheimer v. Kern Valley State Prison · filed 2020-05-13

There is no respondeat superior liability, and each defendant is only liable for his own misconduct.
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Section 1983 requires an affirmative link between a defendant’s conduct and the claimed deprivation of rights.

(PC) Hearne v. Farhat · filed 2020-05-13

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

Marchese v. Nassau County Jail · filed 2020-05-13

In order to state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.

Gantz v. PA Department of Corrections · filed 2020-05-13

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.”
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Section 1983 requires a plaintiff to allege facts showing that each individual defendant personally caused or participated in a constitutional deprivation.

Brown, Victor v. Ribault, Justin · filed 2020-05-14

Also important here, to demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing.

ALONZO v. COOK · filed 2020-05-14

The claim is also defective because Alonzo fails to allege how any of the named Defendants was involved in the incident that caused him injury.
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Section 1983 requires a causal link between each defendant’s actions and the alleged deprivation of rights; a supervisor’s general responsibility is insufficient.

Merritt v. Payne · filed 2020-05-15

As such, § 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Here, plaintiff has not presented facts showing a causal link between the actions of each warden, and the deprivation of plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff suing defendants in their personal capacities to plead each defendant’s personal involvement in the alleged wrong.

Woodring v. The Replublican Caucus of the Pennsylvania House of Representatives · filed 2020-05-15

For Woodring’s claims against a specific defendant to survive, Woodring must plead personal involvement by that defendant in either the termination decision, meeting, or letter.
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional violation.

Walker v. Clarke · filed 2020-05-18

Lastly, to the extent that Walker sues the individual defendants in their individual capacities, Walker must allege their personal involvement for them to be liable under 42 U.S.C. § 1983.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) J'Weial v. Barge · filed 2020-05-18

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

(PC) Dotson v. Chandler · filed 2020-05-18

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.
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A Section 1983 complaint must allege specific facts showing how each defendant was involved in the alleged constitutional violation.

Mason v. Besse · filed 2020-05-18

Any amended complaint must set forth the facts that pertain to each arrest separately and must include specific facts regarding how each defendant was involved in the alleged constitutional violation.
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Section 1983 requires a plaintiff seeking to hold an official personally liable to show that the official’s own actions caused the deprivation of a federal right.

MILLS v. NUNGESTER · filed 2020-05-18

"To establish personal liability in a section 1983 action, the plaintiff must show that the [defendant] 'caused the deprivation of a federal right.'" ... He alleges that the officers arrested him, thereby directly depriving him of his constitutional right to liberty.
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Section 1983 requires a defendant’s personal involvement in the alleged violation.

Robinson 602273 v. Knack · filed 2020-05-18

There is no evidence to support that Defendant Eicher forged the results of the test. Therefore, Robinson’s claim against Defendant Eicher is properly dismissed.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation; a supervisor may be liable for misconduct occurring after he arrives at the scene.

Maldonado v. Town Of Greenburgh · filed 2020-05-18

Attalienti’s personal involvement is plausibly alleged as to everything that occurred after his arrival—i.e., the deliberate indifference to Maldonado’s medical needs once he became limp and unresponsive and the false incident report that was filed regarding the circumstances surrounding Maldonado’s arrest.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of a constitutional right.

Kemmerly v. Hill · filed 2020-05-19

Mr. Kemmerly’s amended complaint failed to show how any of the defendants personally disregarded his physical and mental well-being at SCADF. See Trujillo v. Williams, 465 F.3d 1210, 1227 (10th Cir. 2006) (“In order for liability to arise under § 1983, a defendant’s direct personal liability for the claimed deprivation of a constitutional right must be established.”); Olson v. Stotts, 9 F.3d 1475, 1477 (10th Cir. 1993) (noting a “defendant cannot be liable under § 1983 unless personally involved in the deprivation”). We therefore affirm the district court’s dismissal of this claim.
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A § 1983 complaint must state what each named defendant did to cause the alleged deprivation of constitutional rights.

(PC) Hammler v. State of California · filed 2020-05-19

Plaintiff is reminded that his amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556 U.S. at 678-79.
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Section 1983 requires a link between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Harris v. Benkle · filed 2020-05-19

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

Purcell v. City of New York · filed 2020-05-19

Further, “in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). “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.” Iqbal, 556 U.S. at 676. Here, the Second Amended Complaint is devoid of any allegations as to Dennis Cavalli and Nicola Zuill (see generally SAC, Dkt. 58-1), and the Court thus dismisses the Complaint with respect to these two Defendants.
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Section 1983 requires a complaint to connect each individual defendant to the conduct underlying the claim.

Cloninger v. PrimeCare Medical, Inc. · filed 2020-05-20

Yet, despite the general sufficiency of these allegations, Count One fails to state a claim specifically against Harvey, Robinson, and Thiessen because the Complaint does not allege these defendants committed any of the relevant conduct, except for Thiessen’s comment regarding Cloninger’s “tummy ache.”
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Section 1983 requires a plaintiff suing officials individually to plead how each defendant was personally involved in the alleged deprivation of rights.

Daywitt v. Harpstead · filed 2020-05-20

To survive a Motion to Dismiss, Daywitt must specify “how each individual defendant was involved in the alleged deprivation of his constitutional rights.” ... The Amended Complaint fails to do this.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged wrongdoing; collective allegations against defendants are insufficient.

MALAT v. BOROUGH OF MAGNOLIA · filed 2020-05-20

Presumably the named defendants, Police Chief Robert A. Stetser, Police Lieutenant J. Vadurro, and Prosecutor Cheryl H. Cohen, Esq., were involved in these allegations, but pleading claims against these defendants collectively fails to satisfy the requirement that for claims brought pursuant to § 1983, a plaintiff must demonstrate a defendant’s “personal involvement in the alleged wrongs.”
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Section 1983 requires facts showing each defendant’s personal participation in the alleged violation.

Houston v. Howell · filed 2020-05-20

Because Houston’s complaint lacks facts to show what any particular defendant did, he has not stated a colorable § 1983 claim against any defendant.
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Section 1983 requires allegations connecting a defendant to the claimed constitutional violation; naming a person only in the complaint’s caption is insufficient.

Thompson v. Stover · filed 2020-05-21

Nurse Ellison is named in the case caption of the Complaint and mentioned nowhere else. Merely naming a person as a defendant is not enough to proceed with a constitutional claim against him or her.
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Section 1983 claims against multiple defendants require factual allegations showing each defendant’s involvement in the alleged wrongdoing.

8 ERIE ST. JC LLC v. CITY OF JERSEY CITY · filed 2020-05-21

In this instance, Plaintiff falls short of the requirement that it plead specific facts as to each Defendant’s involvement in the alleged wrongdoing. Instead, Plaintiff frequently groups the Defendants together and simply alleges that collectively, Defendants acted improperly.
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Section 1983 requires each defendant to be personally responsible for the conduct alleged to have violated the plaintiff’s rights.

Gilmore v. Burch · filed 2020-05-21

Defendants are only liable under § 1983 for their own conduct.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed deprivation of a federal right.

Cole v. Coverstone · filed 2020-05-21

“To successfully state a claim under 42 U.S.C. § 1983, a plaintiff must identify ‘a right secured by the United States Constitution and the deprivation of that right by a person acting under color of state law.’” Miller v. Roberts, No. 2:09-CV-00240, 2009 WL 10710389, at *2 (S.D. Ohio Nov. 30, 2009) (quoting Adams v. Metiva, 31 F.3d 375, 386 (6th Cir. 1994)). To do so, “‘the plaintiff must allege some personal involvement by each of the named defendants.’” Miller, 2019 WL 10710389, at *2 (quoting Bennett v. Schroeder, 99 F. App’x 707, 712–13 (6th Cir. 2004)). Plaintiffs’ allegations against Defendant White do not meet this basic requirement.
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Section 1983 requires a showing that an individual defendant personally participated in the alleged violation.

Abdullah v. Ducey · filed 2020-05-22

In other words, a defendant’s liability under § 1983 exists only where a plaintiff makes a showing of personal participation by the defendant in the alleged violation.
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Section 1983 requires each defendant to be personally involved in or to have caused the alleged civil rights violation; vicarious liability is unavailable.

Battensby v. Zhang · filed 2020-05-22

Additionally, there is no vicarious liability for civil rights violations, and a Section 1983 plaintiff must allege that each defendant was personally involved in or caused the alleged civil rights violation.
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Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct.

Parker v. Wofford · filed 2020-05-22

Accordingly, individual liability can be imposed under § 1983 only if the state actor played an “affirmative part” in the alleged misconduct.
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Section 1983 requires a plaintiff to link a defendant’s actions to the alleged deprivation of rights.

Ybarra v. Mee · filed 2020-05-22

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.
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Section 1983 requires an affirmative link between each defendant’s conduct and the claimed deprivation.

(PC) Smith v. Parole Board · filed 2020-05-26

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.
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Section 1983 does not impose liability on prison officials who merely process or review grievances without participating in the underlying conduct.

Chase v. Lashbrook · filed 2020-05-26

Similarly, prison officials who simply processed or reviewed inmate grievances lack personal involvement in the conduct forming the basis of the grievance, which precludes liability under Section 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.

Sullivan v. MOSOP · filed 2020-05-26

It is well established that the doctrine of respondeat superior does not apply in § 1983 suits.
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Section 1983 requires a government employee’s personal participation for a claim against the employee in a personal capacity.

Campbell v. City of North Charleston · filed 2020-05-26

The law is clear that personal participation of a defendant is a necessary element of a § 1983 claim against a government employee in his personal capacity.
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A Section 1983 claim against an officer requires evidence of the officer’s personal involvement in the challenged conduct.

Elie v. City of New York · filed 2020-05-27

Accordingly, the Supreme Court should have denied those branches of the defendants' motion which were for summary judgment dismissing the false arrest and false imprisonment, and malicious prosecution causes of action and so much of the 42 USC § 1983 causes of action as did not relate to Monell -type claims insofar as asserted against the City, Grant, and Fitzgerald. However, we agree with the defendants that they established, prima facie, that the subject causes of action, insofar as asserted against Cheatham, should be dismissed. The record reflects that Cheatham was not present when the plaintiff was arrested, did not sign the criminal complaint, and did not testify before the grand jury. In addition, the record does not reflect that Cheatham was present at the time that Pierre-Riviera alleged the police coerced him. In opposition, the plaintiff failed to raise a triable issue of fact as to Cheatham's involvement ( see generally Rivera v County of Nassau , 83 AD3d 1032, 1034).
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Section 1983 requires a plaintiff seeking damages from an individual defendant to establish that defendant’s personal involvement in the alleged violation.

Whittington v. Ponte · filed 2020-05-27

When a § 1983 claim is brought against individual defendants, the plaintiff must allege personal involvement of each named individual.
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Section 1983 requires a defendant to have personally participated in the deprivation of the plaintiff’s rights.

Farabee v. Lee · filed 2020-05-28

To establish liability under § 1983, a plaintiff must prove that the defendants “acted personally in the deprivation of the plaintiff’s rights.” ... Having reviewed relevant portions of the record de novo, the court agrees with the Magistrate Judge’s determination that Drs. W. Lee and Haynes are entitled to summary judgment as to this claim.
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Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional deprivation.

Vassel v. Palisades Funding Corp. · filed 2020-05-28

First, the claims against Commissioner O’Neill and Deputy Inspector Gilbert fail because, under Section 1983, a plaintiff must plead the defendant’s personal involvement in the alleged constitutional deprivation.
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Section 1983 imposes individual liability only on defendants personally involved in the alleged misconduct.

Piotrowski v. the Rocky Point Union Free School District · filed 2020-05-28

Individuals can only be held liable under § 1983 if they were personally involved in the misconduct alleged.
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Section 1983 requires a plaintiff suing a state or local employee in her individual capacity to allege that the employee was personally involved in the deprivation.

Craven v. City Of New York · filed 2020-05-28

To bring claims against a state or local employee in her individual capacity under Section 1983, a plaintiff must adequately allege that the employee was “personally involved in the alleged deprivation.” Gonzalez v. City of New York, 377 F. Supp. 3d 273, 287 (S.D.N.Y. 2019).
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Section 1983 requires an officer’s personal involvement in an alleged constitutional deprivation; mere presence at a stop or arrest generally is insufficient.

Snead v. Lobianco · filed 2020-05-28

An officer’s mere presence at the scene of a stop or arrest generally does not constitute sufficient personal involvement for § 1983 liability.
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Section 1983 liability requires factual allegations showing a defendant’s personal involvement in the alleged deprivation.

McCracken v. Fulton County · filed 2020-05-28

We will dismiss plaintiff’s deliberate- indifference claim against the Fulton County Commissioners for both lack of personal involvement and failure to plead the knowledge element.
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Section 1983 requires a defendant’s personal involvement in an arrest to impose individual liability for an unlawful seizure.

Adkins v. Dinkins · filed 2020-05-28

As it pertains to Officers Loadholt and Hanley, and school employee Jefferson (now Jeannie Jefferson Lett), the Magistrate Judge correctly determined that the record contains no evidence showing any of the above were involved with the decision to arrest and charge J.A.. Loadholt, Hanley, and Jefferson are entitled to dismissal as party Defendants under Plaintiff’s unlawful search/seizure claim.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights; supervisory status alone does not establish liability.

Collins v. Martin · filed 2020-05-29

Yet, as indicated earlier, Plaintiff’s complaint and the exhibits attached to his objections do not demonstrate that he suffered physical injury, nor do they allege personal involvement on behalf of named Defendants as required under the § 1983 framework.
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Section 1983 permits damages against a defendant only if she was personally responsible for a constitutional deprivation.

Jones v. Noble · filed 2020-05-29

A defendant is liable for damages under § 1983 only if she was personally responsible for the deprivation of a constitutional right, meaning that the deprivation occurred at the defendant’s behest or with her knowledge and consent.
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Section 1983 allows a plaintiff to establish personal involvement through a defendant’s actual knowledge of and acquiescence in a violation, pleaded with appropriate particularity.

SHOKIRJONIY v. THE CITY OF CLINTON TOWNSHIP · filed 2020-05-29

Personal involvement in an alleged § 1983 action can be shown through allegations of actual knowledge and acquiescence of the violations, but such allegations must be made with appropriate particularity.
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Section 1983 requires allegations of personal involvement in the alleged deprivation to state an individual capacity damages claim against a defendant.

Shabazz v. Centurion of Tennessee, LLC · filed 2020-05-29

Because the first amended complaint does not adequately allege that Defendants Williams, Wiley, and Parris were personally involved in Shabazz’s medical treatment, he has failed to state a claim on which relief may be granted.
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Section 1983 requires personal involvement for individual liability, but allegations against an identified group of officers can adequately plead that involvement before discovery.

Hill v. Cook County · filed 2020-05-31

It’s true that liability for an individual-capacity claim under section 1983 hinges on a defendant’s personal involvement in the deprivation of a constitutional right. ... But at this early stage, “an allegation directed at multiple defendants can be adequate to plead personal involvement.”
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Section 1983 imposes personal liability on a prison official only if the official participated in the alleged constitutional violation.

Adams v. Larson · filed 2020-06-01

As noted earlier, for a prison official to be personally liable, he must have participated in some way in the alleged constitutional violation.
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Section 1983 requires a defendant’s personal participation in an alleged constitutional violation; officers who were not integral participants cannot be held liable.

Beitch v. Magnus · filed 2020-06-01

“Liability under section 1983 arises only upon a showing of personal participation by the Defendant.” ... Plaintiff has failed to present any evidence to suggest that Officers Wiberg, Rodriguez, and Gutierrez or Sergeant Hill were personally involved with any aspect of his detainment. As such, they cannot be said to be “integral participants” of any alleged constitutional violation and are entitled to qualified immunity.
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Section 1983 requires a link between a defendant’s conduct and the claimed deprivation.

(PC) Bland v. Messinger · filed 2020-06-01

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.
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Section 1983 requires a plaintiff to link each defendant’s personal acts or omissions to a claim for relief with enough facts to make the claim plausible.

Shepard v. San Diego Sheriff Department · filed 2020-06-01

To state a claim under § 1983, Plaintiff must link each Defendant’s personal acts or omissions to each claim for relief, and include “sufficient factual matter … to state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (citation omitted); Lemire v. Cal. Dep’t of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013). He still has not.
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Section 1983 requires a defendant to have personally caused the deprivation; vicarious liability is insufficient.

SMITH v. MARTOCCIA · filed 2020-06-01

A defendant can be held liable under Section 1983 only for deprivations that he or she personally caused, either by direct action or by approval of the conduct of others – vicarious liability cannot support a Section 1983 claim.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; an officer who did not participate in fabricating or forwarding evidence cannot be liable for that fair trial claim.

Simon v. Cruz · filed 2020-06-01

Plaintiff advances no argument that Evans played a role in the fabrication and forwarding to the prosecutor of the false statement. (See generally Pl. Opp.) Therefore, Defendants’ request to dismiss Evans from the case is GRANTED.
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Section 1983 requires a government official’s own actions to cause the alleged constitutional deprivation; conclusory allegations of personal involvement are insufficient.

Carter v. McNitt · filed 2020-06-01

A government official is not liable under § 1983 unless the official’s own actions caused the alleged constitutional deprivation.
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Section 1983 requires allegations that each defendant personally participated in the deprivation of rights; naming a supervisor without linking him to the alleged conduct does not state a claim.

(PC) Nieto v. Gordon · filed 2020-06-02

Under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff has named Warden Gordon as a defendant but fails to link any allegations to him. Thus, plaintiff fails to state a claim against Warden Gordon.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Perryman v. California Department of Corrections & Rehabilitation · filed 2020-06-02

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.
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Section 1983 requires a defendant’s personal involvement in a constitutional violation; reviewing a prisoner’s grievance alone does not establish liability.

Corry v. Ju · filed 2020-06-02

Corry’s allegations against Ron Davis are DISMISSED without leave to amend because Davis’s role as a grievance reviewer is insufficient to link him to any constitutional violation.
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Section 1983 requires a plaintiff to show what each defendant did to violate the plaintiff’s rights.

Vontz v. Does · filed 2020-06-02

The plaintiff must show what each defendant did to violate his or her rights.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of civil rights.

Thompson v. Snortland · filed 2020-06-02

Plaintiff’s claims with respect to the remaining Defendants, however, fail, as Plaintiff does not allege any facts to support the personal involvement of Defendants C.O. Gilmartin, C.O Mahamadeo, or C.O. Papka in the deprivation of his civil rights.
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Section 1983 requires a causal connection between a defendant’s conduct and the alleged constitutional violation; responding to a grievance after a completed violation does not establish liability.

Alkarawi v. Hartgrove · filed 2020-06-03

Having merely responded to Plaintiff’s grievance, Hartgrove could not have contributed to the underlying violation that allegedly caused the other inmate to attack Plaintiff.
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An officer may be liable under § 1983 for excessive force when he actively participates by positioning a vehicle so another officer can deploy a Taser.

Fleming v. Oakland County Sheriff's Deputy Brandon Scruggs · filed 2020-06-03

As the driver of the police vehicle, Garcia was responsible for following Fleming and positioning the vehicle so that Scruggs could deploy his Taser on Fleming. Thus, Fleming has shown that Garcia “actively participated in the use of excessive force” and therefore is subject to liability.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement; jail staff cannot be sued as an undifferentiated group.

Dykes v. Naph Care Medical Billing · filed 2020-06-03

“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. Therefore, “Washoe County Jail Staff” cannot be held liable as a collective unit.
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Section 1983 requires each defendant’s personal participation; a job title or another person’s conduct alone does not establish liability.

Clark v. Dzurenda · filed 2020-06-03

A defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.”
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Section 1983 requires a plaintiff to connect the defendant to the alleged deprivation of rights.

King v. Chambers · filed 2020-06-03

Plaintiff does not connect his sole defendant—Chambers—to his lack of medical care, and he does not identify anyone who knew he needed medical treatment and disregarded that need. To the extent Plaintiff intended to assert a claim for deliberate indifference to his medical needs, therefore, that claim is DISMISSED WITHOUT PREJUDICE for failure to state a claim.
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Notes 61651–61800 of 71,725, oldest cases first.

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