42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
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 allegations that a defendant was involved in or responsible for the violation of the plaintiff’s rights.
Mustache, Devin v. Barron County Jail Staff · filed 2020-06-04
As an initial matter, his complaint does not include any allegations about defendant Amy that suggest that she was involved in or responsible for a violation of plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Aleem v. Covello · filed 2020-06-04
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
(PC) Gittens v. Los Angeles County Superior Court · filed 2020-06-04
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting a defendant’s acts or omissions to the alleged constitutional deprivation.
Elzy v. Duran · filed 2020-06-04
Plaintiff has not stated an Eighth Amendment conditions of confinement claim against Defendant Duran because his Complaint fails to contain factual allegations sufficient to show Duran was the individual who denied him access to a mattress and toilet paper or spit in his food.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an individual official to allege that official’s personal involvement in the claimed violation.
LASCHE v. STATE OF NEW JERSEY · filed 2020-06-04
In order to hold an individual defendant liable under Section 1983, a plaintiff must establish that he or she was “personally involved” in the violation of the plaintiff’s First Amendment rights. ... Critically, Plaintiffs have not alleged that any of the Defendants had a role in suspending Plaintiffs’ license, or that their roles at the DCPP involve making such licensing determinations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional deprivation.
Tyler v. Maggio · filed 2020-06-04
Moreover, the plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation. ... Plaintiff alleges the personal involvement of Detectives Maggio and O’Leary in the violation of his constitutional rights — that they entered his home without a warrant, arrested him, and caused injury to him during the arrest. The Court therefore refers Plaintiff’s claim against Detectives Maggio and O’Leary to Judge Levy for pretrial supervision.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory position alone does not establish liability.
Vann v. Sudranski · filed 2020-06-04
Moreover, Section 1983 liability cannot be predicated on a theory of respondeat superior. ... Accordingly, because Lt. Hann had no personal involvement in the alleged constitutional violation, she is entitled to summary judgment on the excessive force claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability to arise.
Roland Price v. Friedrich · filed 2020-06-05
Because he does not suggest what role (if any) Friedrich played in this alleged withholding, no liability may arise under 42 U.S.C. § 1983 without Friedrich’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged wrong; individual liability cannot rest solely on respondeat superior.
Smith III v. Burley · filed 2020-06-05
To establish personal liability against a defendant in a section 1983 action, a defendant must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior. ... Nor do the facts describe the personal involvement, if any, of each defendant. As pleaded, the medical needs claim fails to state a claim upon which relief may be granted against the Connections Defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of constitutional rights.
Radwan v. University of Connecticut Board of Trustees · filed 2020-06-06
Again, Section 1983 claims require the personal involvement of defendants in order to for them to be liable for deprivation of constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to the alleged deprivation of rights; naming officers without alleging what they did fails to state a claim.
Kleinfelt 337043 v. Gilbert · filed 2020-06-08
While each of the Defendants may be sued under § 1983, Plaintiff fails to state a claim against any of them. ... Plaintiff fails to allege any facts against any of the named Defendants. For that reason, he fails to state a claim for relief against any named Defendant, and they will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires an actual connection between a defendant’s actions and the alleged deprivation of a federal right.
(PC) Harris v. Munoz · filed 2020-06-08
Thus, the statute requires that there be an actual connection or link between the actions of the defendants and the plaintiff’s alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant’s conduct to a specific injury and deprivation of rights.
Purugganan v. Department of Public Safety · filed 2020-06-08
Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation. ... Purugganan does not explain what allegedly happened, when or where these alleged events occurred or detail what each Defendant personally did to connect them to his allegations.Read the full opinion on CourtListener →
Section 1983 requires facts showing that each defendant was personally responsible for the alleged deprivation; receiving a complaint alone does not establish liability.
Harper v. Giese · filed 2020-06-09
The court reminds Harper that the mere fact that he complained to someone is not enough for that person to be held liable for violating his constitutional rights. To be liable to Harper the person must have had the opportunity and responsibility to do something about it.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged unlawful conduct for individual liability.
Clifton Terrell, Jr. v. Ducart · filed 2020-06-09
The district court properly granted summary judgment for defendants Gomez, Holt, Peterson, and Ducart because Terrell failed to raise a genuine dispute of material fact as to whether these defendants personally participated in the prison’s process to approve religious meals for prisoners.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a specific injury and an affirmative link between that injury and a particular defendant’s conduct.
Loring v. Daly · filed 2020-06-09
In addition, a plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff largely fails to allege any supporting circumstances, including when the acts occurred and facts to support that Daly or Mitchell were in any way involved with the complained of adverse acts.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s actions and the alleged deprivation of rights.
(PC) Childers v. Rayome · filed 2020-06-09
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. ... Plaintiff’s claim that he did not timely receive a brace or device is dismissed with leave to amend because no defendant is linked to this claim.Read the full opinion on CourtListener →
Section 1983 requires an affirmative causal connection between an official’s acts or omissions and the alleged deprivation.
Venneau v. Woodard · filed 2020-06-09
Additionally, the Eleventh Circuit requires “‘an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation’ in § 1983 cases.” ... Plaintiff has not alleged that Defendant Woodard had any further involvement in his housing assignments after he transferred from Sumter C.I.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant was personally involved in the alleged deprivation of rights.
Kugler v. Parsons · filed 2020-06-09
In addition, Plaintiff has not alleged Defendant Scott was directly involved in the alleged assault.Read the full opinion on CourtListener →
A Section 1983 claim against an individual defendant requires allegations of that defendant’s own unconstitutional conduct; collective allegations against defendants are insufficient.
Najera v. Brookhouser · filed 2020-06-09
Plaintiff’s reliance on the actions of the collective “Defendants” simply fails to state a viable Section 1983 Fourth Amendment claim against Holguin.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in the constitutional violation.
ELLERBY v. LEHIGH COUNTY PRISON · filed 2020-06-09
In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims. See Rode, 845 F.2d at 1207. Because Mr. Ellerby does not allege how Deputy Warden Miller or Warden Russell were involved in the alleged violation of his constitutional rights, the claims against them are not sufficient will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires specific factual allegations showing a defendant’s personal involvement in the deprivation of a constitutional right.
Williams v. Rodriguez · filed 2020-06-10
Here, the complaint does not contain specific factual allegations demonstrating that either the CHO or the Acting Director was personally involved in the deprivation of the plaintiff's constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Adcock v. Burton · filed 2020-06-10
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; a supervisor cannot be held liable solely for others’ conduct.
Allah v. Annucci · filed 2020-06-10
Collado cannot be held liable for Howard’s and Wajid’s failures because it is well-established that “vicarious liability is inapplicable to . . . § 1983 suits.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongs for individual liability.
TUSTIN v. STRAWN · filed 2020-06-10
To establish personal liability against a defendant in a § 1983 action, a defendant must have personal involvement in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged violation.
Lumpkin v. Sigh · filed 2020-06-11
The district court properly granted summary judgment for defendant Nicholas because Lumpkin failed to raise a genuine dispute of fact as to whether ... Nicholas personally participated in the incident. See Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (liability under § 1983 requires personal involvement).Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for that defendant to be liable.
(PC) Diaz v. Hurley · filed 2020-06-11
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.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation.
(PC) Mosley v. Cargill · filed 2020-06-11
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the alleged constitutional deprivation to be personally liable.
FKFJ, INC. v. Village of Worth · filed 2020-06-11
There is no evidence that Werner was involved in his decision to write either memo or the officers’ decisions to write the tickets. Thus, there is no basis for holding Werner personally responsible for the tickets under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
AARON v. RUST · filed 2020-06-11
Mr. Aaron does not allege that Correctional Officer B. Rust, Correctional Officer D. Temple, or Lt. C. Cooperider were involved in the assault or segregation. "Individual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."Read the full opinion on CourtListener →
A Section 1983 plaintiff plausibly alleges a defendant’s personal involvement by alleging that the defendant directly participated in the challenged use of force.
Ortiz v. Ciminelli · filed 2020-06-11
These allegations, which Defendants do not address in their Motion, are sufficient to plausibly allege that each defendant “participated directly” in an alleged excessive use of force against Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation or a causal connection between the defendant’s acts and that deprivation.
Ducksworth v. MacMurdo · filed 2020-06-12
Ducksworth’s complaint shows that his factual allegations do not demonstrate the personal involvement of these defendants in the alleged denial of medical care or a causal connection between their acts and the alleged denial of medical care.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Ruiz v. Leon · filed 2020-06-12
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation before damages may be awarded.
Eason v. Quinn · filed 2020-06-12
The “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a specific injury to each defendant’s conduct and the alleged violation of rights.
Bertlemann v. Mulleitner · filed 2020-06-12
Thus, a plaintiff must allege that he suffered a specific injury as a result of a particular defendant’s conduct and must affirmatively link that injury to the violation of his rights.Read the full opinion on CourtListener →
Section 1983 damages liability requires a defendant’s personal involvement in the alleged constitutional deprivation.
WILLIAMS v. HOLCOMB · filed 2020-06-12
All claims against defendants Eric Holcomb and Robert E. Carter, Jr. are dismissed. "A damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires a connection between each defendant’s conduct and the plaintiff’s alleged deprivation.
Presti v. Warden of Waiawa Correctional Facility · filed 2020-06-15
Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Baker v. City of New York · filed 2020-06-15
“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for individual liability.
Reyes v. Colorado Div. of Reclamation · filed 2020-06-16
Moreover, none of those four defendants could have personally participated in any violation of Reyes’ due process rights by refusing to treat her comment as timely, to grant her party status, or to allow her to present evidence or testimony at the hearing. Those decisions are among the Board’s duties.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of a federal constitutional right.
(PC) Ruiz v. Woodfill · filed 2020-06-16
Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each defendant and allege how that person’s actions or omissions caused a violation of the plaintiff’s rights.
Waddell v. Minton · filed 2020-06-16
Waddell should not refer to defendants generally as “the deputies,” and must instead identify each involved defendant by name and explain the specific actions or omissions of each person that caused a violation of his rights.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant personally participated in the challenged conduct.
Carter 645573 v. Supnick · filed 2020-06-16
Plaintiff has failed to show that Defendants Supnick and Mattson had any specific role in the legal writer refusing to perform the requested work for Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires allegations that a specific defendant took unconstitutional action against the plaintiff; general allegations about inmates do not suffice.
Ofori v. Clarke · filed 2020-06-17
The “Fourth,”“Sixth,” and “Eighth”parts of Count IIIall fail because they contain general allegations, on behalf of “inmates” generally, but do not allege that any specific defendant took unconstitutional action against Ofori specifically, nor describe any specific incident with dates or other particulars.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PS) Shook v. McLeod · filed 2020-06-17
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 imposes personal liability only on a defendant who caused or participated in a constitutional deprivation.
Martinez v. Kennedy · filed 2020-06-17
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir.2005) (citations omitted).Read the full opinion on CourtListener →
A § 1983 complaint must identify the individual officers alleged to have personally participated in the violation.
Crespin v. Albuquerque Police Department · filed 2020-06-17
“A successful § 1983 complaint must make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claim against him or her.” Robbins v. Oklahoma, 519 F.3d 1242, 1249-50 (10th Cir. 2008). Accordingly, the Court will direct Plaintiff to file an amended complaint naming the individual officers within seventy-five (75) days of entry of this Order.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of federal rights.
Wlodarz v. Centurion of Tennessee, LLC (PSLC2) · filed 2020-06-17
Second, the Court finds that Plaintiff has not alleged that Defendants Parker or Doe had any involvement in the decision whether Plaintiff received medical care, and therefore, he has failed to state a claim against either of these Defendants.Read the full opinion on CourtListener →
A § 1983 complaint must allege conduct by a defendant to state a claim against that defendant.
Hrabik v. Kopp · filed 2020-06-18
Plaintiff names “John Doe” as a defendant, but the complaint does not contain any allegations against him. Therefore, John Doe will be dismissed as a defendant.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to be personally responsible for the deprivation of the plaintiff’s rights.
Southard v. Pritzer · filed 2020-06-18
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.” Wilson v. Warren Cty., Illinois, 2016 WL 3878215, at *3 (7th Cir. 2016).Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal participation in a constitutional violation; employment or supervisory status alone is insufficient.
Brown v. Yates · filed 2020-06-18
He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each defendant’s involvement and a connection between that defendant’s actions and the claimed deprivation.
(PC) Gomez v. Ferris · filed 2020-06-19
The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal participation in an alleged constitutional violation to impose individual damages liability on a prison official or medical provider.
Alkarawi v. Michael · filed 2020-06-19
Prison officials and prison medical providers generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations. ... Indeed, the Complaint does not identify any particular action taken by Defendant at all.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions violated his rights.
Gray v. Finch · filed 2020-06-19
That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of rights.
Jordon v. Brad · filed 2020-06-22
Thus,a§ 1983 claimrequiresfactualdetailabouteachdefendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; merely processing or reviewing a prison grievance does not establish liability.
Morgan v. Wexford Health Services, Inc. · filed 2020-06-22
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.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional violation.
Walker, Jr. v. Thompson · filed 2020-06-22
That is because § 1983 “creates a cause of action based on personal liability and predicated upon fault; thus liability does not attach unless the individual defendant caused or participated in a constitutional violation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s conduct to contribute to the alleged injury; mishandling a grievance alone does not establish personal liability.
Taylor v. Paul · filed 2020-06-22
Mr. Taylor doesn’t allege, nor is there any basis to infer, that Ms. Morson’s actions somehow contributed to his injury or prevented him from obtaining needed medical care. Accordingly, she must be dismissed.Read the full opinion on CourtListener →
Section 1983 claims against supervisors fail when the plaintiff cannot establish their personal involvement in the alleged constitutional deprivation.
Santana v. Racette · filed 2020-06-22
Because Plaintiff has failed to establish the personal involvement of Racette and Brown, his § 1983 claims against them fail as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires allegations supporting a defendant’s personal involvement in the challenged conduct.
Rodriguez v. McCulloch · filed 2020-06-22
However, neither the complaint nor Plaintiff's response provide any supported indication of Defendants' role in any decisions made as to Plaintiff's previous discharges from CNYPC to a DOCCS facility.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Davis v. City of Mount Vernon · filed 2020-06-22
As a preliminary matter, P.O.s Mitchell, Kressman, and Chery are entitled to summary judgment on plaintiff’s unconstitutional seizure claim because they were not personally involved in the determination to transport plaintiff to Montefiore MV or in the seizure of plaintiff for that purpose.Read the full opinion on CourtListener →
Section 1983 requires an official’s personal involvement; a supervisory position alone does not create liability.
Roman v. McKoy · filed 2020-06-22
As mentioned earlier, Plaintiff cannot maintain claims against the named defendants merely because they hold positions of authority.Read the full opinion on CourtListener →
Section 1983 personal involvement is adequately pleaded when the facts plausibly show that a defendant directly participated in, or knew of and acquiesced to, the challenged action.
Bhatti v. The Republican Caucus of the Pennsylvania House of Representatives · filed 2020-06-22
Viewing the amended complaint as a whole, Bhatti alleges that the individual Defendants exercised sufficiently close control over his employment to permit a plausible inference that they were directly involved in, or had knowledge of and acquiesced to, his termination.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting the named defendant to the alleged deprivation of rights.
Wilson v. Miller · filed 2020-06-23
First and most importantly, Wilson offers no evidence, based on personal knowledge, that Miller himself—the only named defendant—destroyed or improperly disposed of his property. Even if it was later destroyed improperly, then, Wilson has not put forth any factual basis from which a reasonable factfinder could conclude that Miller was the person who destroyed it.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
(PC) Dudley v. Kohler · filed 2020-06-23
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.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant personally to the alleged violation of constitutional rights.
Purcell v. Odem · filed 2020-06-23
Second, plaintiff failed to allege facts showing how Odem or Plunkett were directly involved in or personally responsible for specific violations of his constitutional rights.Read the full opinion on CourtListener →
A Section 1983 claim requires the plaintiff to connect a defendant to the alleged wrong.
Covey v. Gregg County Facility · filed 2020-06-23
Specifically, Judge Mitchell found that plaintiff's claims and request for injunctive relief against the Gregg County Jail are now moot because he is no longer confined at that facility, and that plaintiff failed to connect defendants President Donald Trump and Governor Greg Abbott to his action in any way. ... Accordingly, the magistrate judge’s report and recommendation is adopted.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of his rights.
(PC) Frazier v. Janam · filed 2020-06-24
Under § 1983, plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires facts connecting each individual defendant to the alleged deprivation of rights.
Slay v. Newete · filed 2020-06-24
Liability in a § 1983 case is personal. ... This fails to demonstrate how each individual defendant was directly responsible for depriving plaintiff of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s conduct to the alleged deprivation of constitutional rights.
(PC) Vis v. Stevenson · filed 2020-06-25
Plaintiff’s complaint fails to state any claims for relief cognizable under 42 U.S.C. § 1983. He fails to explain just what each, individual defendant did that violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires personal participation in the deprivation of rights.
(PC) Hash v. Rallos · filed 2020-06-25
Liability under Section 1983 requires personal participation in the deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in the acts underlying the claim.
Hall v. LMDC · filed 2020-06-25
To state a claim for relief, Plaintiff must show how each Defendant is liable because the Defendant was personally involved in the acts about which he complains. ... The complaint fails to state how any Defendant was personally involved in the actions alleged by Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation of rights.
(PC) Barker v. California Health Care Facility · filed 2020-06-26
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.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation; vicarious liability does not suffice.
Williams v. Hampton · filed 2020-06-26
“Because vicarious liability is inapplicable to ... § 1983 suits, [Plaintiff] must plead that each government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Plaintiff alleges no such facts against Defendant Lewis. Thus, Plaintiff’s retaliation claims against Defendant Lewis are DISMISSED for failing to state a claim.Read the full opinion on CourtListener →
Section 1983 permits personal involvement to be established when prison officials responsible for grievances fail to remedy a constitutional deprivation.
Lugo v. Hannah · filed 2020-06-26
By failing to remedy the deprivation, these defendants were personally involved in the deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts supporting a reasonable inference that each defendant is liable for the alleged deprivation; responsibility for a facility alone is insufficient.
ROGERS v. LEITH · filed 2020-06-26
To be liable under § 1983, a plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. Although Plaintiffs allege that Warden Leith is responsible for the facility, they have not alleged the circumstances under which ten COVID-19 positive staff members were permitted to have contact with inmates.Read the full opinion on CourtListener →
A Section 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the alleged constitutional violation.
ADORNO v. THE GEO GROUP, INC. · filed 2020-06-26
In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Hackworth v. Arevalos · filed 2020-06-29
Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... Plaintiff does not include any allegations to show that one or more of the defendants informed the inmates of the charge knowing that it would create a risk to Plaintiff’s health or safety.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official who merely responds to a grievance without personally participating in the alleged violation.
Alkarawi v. Diaz · filed 2020-06-29
Diaz merely responded to Plaintiff’s grievance on the issue and, therefore, cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts linking a defendant’s own actions to the alleged constitutional injury.
Alkarawi v. Grace · filed 2020-06-29
Further, there is nothing to suggest that the delay in scheduling Plaintiff’s appointment with the specialist was a result of Grace’s actions, rather than the offsite specialist’s availability or schedule.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation of rights for individual liability.
Jerrod v. Phillips · filed 2020-06-29
Liability under § 1983 arises only upon a showing of personal participation by a defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement, which may be shown by maintaining a harmful policy or directly carrying out the alleged wrong.
JACKMON v. NJ DEPARTMENT OF CORRECTIONS · filed 2020-06-29
Here, reading Plaintiff’s pro se complaint liberally, I find that Plaintiff has sufficiently alleged that the individual Defendants had personal involvement in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation.
Pina-Rodriquez v. Koenigsmann · filed 2020-06-29
To adequately plead a Section 1983 claim, a plaintiff must also “plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Thus, plaintiff fails plausibly to plead the personal involvement of Drs. Viereckl-Prast, Conicelli, and Saleh in the administration of such procedure.Read the full opinion on CourtListener →
Section 1983 requires specific allegations of each individual defendant’s personal involvement in the alleged wrongs; liability cannot rest solely on supervisory status.
FRITZ v. WESTMORELAND COUNTY · filed 2020-06-29
To plead a sufficient civil rights claim against a defendant in his individual capacity, a plaintiff must show that the defendant had “personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” Rode v. Dellariciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (citation omitted). ... Therefore, the individual capacity claims directed at Anderson, Cerilli and Kopas in Count VI are dismissed with prejudice for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 permits liability when an officer effectively causes another officer to commit a constitutional injury, even without directly participating.
Amisi v. Brown · filed 2020-06-30
However, Townsend ignores that § 1983 “imposes liability not only for conduct that directly violates a right but for conduct that is the effective cause of another’s direct infliction of the constitutional injury.” Sales v. Grant, 158 F.3d 768, 776 (4th Cir. 1998). ... Under this so-called “effective causation” theory, Plaintiff has alleged sufficient facts to establish that Townsend searched her.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged deprivation of rights.
Holmes v. McEwen · filed 2020-06-30
Accordingly, Mr. Holmes has failed to create any genuine issue of fact regarding Defendant McEwen’s involvement in the underlying incident, and Defendant McEwen is entitled to judgment as a matter of law.Read the full opinion on CourtListener →
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)Covarrubis v. Deuel Vocational Institution · filed 2020-06-30
Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials who merely process or review grievances without personal involvement in the underlying conduct.
Jackson v. Santos · filed 2020-06-30
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.Read the full opinion on CourtListener →
Section 1983 requires allegations that the defendant was personally involved in the claimed violation.
STAFFORD v. SHAPIRO · filed 2020-06-30
As there are no factual allegations of personal involvement by Shapiro, I cannot discern any legal basis for Shapiro’s liability here, and the claims against him must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the claimed rights violation.
Salter v. Wetzel · filed 2020-06-30
Because Plaintiff fails to provide any allegations of personal involvement in his complaint against Defendants Wetzel, Piskorik and Varner, these Defendants will be dismissed, as Plaintiff has failed to state a claim upon which relief may be granted.Read the full opinion on CourtListener →
Section 1983 requires a government official’s personal participation for individual-capacity liability.
Washington v. South Carolina Department of Corrections · filed 2020-06-30
But, as to individual capacity liability, the “personal participation of a defendant is a necessary element of a Section 1983 claim against government officials in their individual capacities.” ... The Court adopts the Magistrate Judge’s recommendation to dismiss Count Two as to Cartledge in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant personally caused or participated in a constitutional deprivation.
Sierra-Lopez, Kevin v. Syed, Salam · filed 2020-07-01
Moreover, as the court explained in its screening order, plaintiff’s claims turn on his proof with respect to each individual defendant, rather than a claim against the defendants collectively.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong.
CLARK v. DOE-HERNANDEZ · filed 2020-07-01
Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... He has not raised any allegations at all against Champlin, so he clearly has not provided a basis for a claim against her.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged deprivation of rights; supervisory status or later review of a grievance alone is insufficient.
VO v. WETZEL · filed 2020-07-01
Because neither Oliver nor Wetzel was personally involved in the alleged unconstitutional conduct, the claims brought against them are dismissed.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to the claimed deprivation of rights.
Bryant v. Tyler · filed 2020-07-02
Plaintiff has also named Milwaukee County Sheriff’s Office as a defendant, but the complaint does not contain any allegations against it. Accordingly, the Milwaukee County Sheriff’s Office will be dismissed as a defendant.Read the full opinion on CourtListener →
Section 1983 generally does not impose personal liability on a prison official merely for denying an inmate’s grievance about an alleged constitutional violation.
Guzman v. Jones · filed 2020-07-02
A prison official’s denial of an inmate’s grievance generally does not constitute significant participation in an alleged constitutional violation sufficient to give rise to personal liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional violation.
Mieloszyk v. McBride · filed 2020-07-02
Absent this information, Plaintiff has failed to allege personal involvement as to any defendant that is sufficient to state a claim for deliberate indifference.Read the full opinion on CourtListener →
Section 1983 permits personal liability for a prison administrator whose correspondence from an inmate gives sufficient knowledge of a constitutional deprivation; an in-person conversation is unnecessary.
Saucedo-Cervante v. Childers · filed 2020-07-02
The Court agrees with Saucedo-Cervante that whether he ever personally spoke to Defendant Walker or Defendant Benton is completely irrelevant. It is well-established that “[a]n inmate’s correspondence to a prison administrator may . . . establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez v. Fenoglio, 792 F.3d 768, 781–82 (7th Cir. 2015).Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of a constitutional right.
Gee v. Department of Correction · filed 2020-07-02
In order to demonstrate that Defendants’ actions deprived Plaintiff of a constitutional right, Plaintiff must allege specific facts concerning each Defendant’s personal involvement in the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that defendant’s personal involvement in the constitutional violation; naming a defendant only in the complaint’s caption is insufficient.
Ayala-Rosario v. Westchester County · filed 2020-07-02
“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.” ... While Plaintiff includes Spano in the caption of his Complaint, Plaintiff alleges no conduct by Spano and does not even mention Spano in the body of his Complaint.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Scarzo v. Gruen · filed 2020-07-06
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a connection between each defendant’s actions and the alleged deprivation of rights; supervisory status alone does not establish liability.
(PC) Casto v. Newsom · filed 2020-07-06
To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Miles v. Petersen · filed 2020-07-06
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official for negligence or gross negligence in failing to address prison conditions.
Hart v. Kernan · filed 2020-07-06
Even if it were true that Defendant Kernan was aware of weather-related conditions at various prisons and had funds to address them, his negligence or even gross negligence in failing to act is not actionable under § 1983 in the prison context.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the violation and does not impose liability solely because the defendant supervises someone else.
Campbell v. Hassell · filed 2020-07-06
“It is well established that there is no respondeat superior liability under § 1983.” ... While Mr. Campbell may be able to state valid Fourteenth Amendment claims, he does not describe how the defendants were personally involved. Therefore, he may not proceed against on this complaint.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged violation; it does not impose supervisory or respondeat superior liability.
Percle v. DeRidder · filed 2020-07-06
Section 1983 does not “create supervisory or respondeat superior liability.” ... Rather, the plaintiff “must allege facts reflecting the defendants' participation in the alleged wrong, specifying ... the personal involvement of each defendant.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each individual defendant personally caused or participated in a constitutional deprivation.
Banks, Leon v. Staff/Medical Staff · filed 2020-07-07
To demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing that each individual defendant personally caused or participated in a constitutional deprivation.
Johnson, Maurice v. Warner, C. · filed 2020-07-07
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.Read the full opinion on CourtListener →
Section 1983 makes a public employee liable for her own knowledge and actions, so she cannot be liable for denying a benefit she had no power to grant.
Douglas v. Faith Reeves · filed 2020-07-07
Under § 1983, “a public employee’s liability is premised on her own knowledge and actions.” Aguilar v. Gaston‐Camara, 861 F.3d 626, 630 (7th Cir. 2017). Reeves—the only remaining defend‐ ant in this lawsuit—cannot be liable for denying Douglas a benefit she had no power to confer.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege specific facts about each defendant’s individual conduct in a retaliation claim.
Moore v. Hatton · filed 2020-07-07
He must allege specific facts as to each Defendant’s individual conduct to satisfy the first element of a retaliation claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in a constitutional deprivation before personal liability can attach.
Smith v. Tapio · filed 2020-07-08
There was significant delay in addressing the plaintiff’s injury, but the court cannot reasonably infer from the plaintiff’s allegations that Tapio was responsible for the delays. See Vance v. Peters, 97 F.3d 987, 991 (7th Cir.1996) (“Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.”) (internal quotation marks and citation omitted).Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Hernandez v. Mule Creek State Prison · filed 2020-07-08
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify the defendant’s conduct and explain how it caused the alleged deprivation of a constitutional right.
(PC) Gay v. State of California · filed 2020-07-08
A cognizable claim must specifically identify defendant’s challenged conduct, explain how that conduct is unreasonable under the circumstances, and describe how defendant’s conduct has harmed plaintiff. “A person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another’s affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made.”Read the full opinion on CourtListener →
Section 1983 requires liability to rest on each defendant’s own conduct; an officer cannot be held liable merely because other officers participated in an incident.
Purnell v. City of Sunnyvale Police Department · filed 2020-07-08
A defendant cannot be held liable under §1983 based on a “team effort” theory, which “lump[s] all the defendants together, rather than requir[ing] [plaintiff] to base each individual’s liability on his own conduct.”Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant requires facts showing that defendant’s personal involvement in the alleged constitutional deprivation.
Dames v. De Blasio · filed 2020-07-08
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 Defendant Mayor Bill de Blasio was personally involved in the events underlying her claims. Plaintiff’s claims against Mayor Bill de Blasio are therefore dismissed for failure to state a claim on which relief may be granted.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when a state actor plays an affirmative part in the alleged misconduct.
Oke v. Garman · filed 2020-07-08
Under § 1983, individual liability may be imposed only if the state actor played an “affirmative part” in the alleged misconduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status or denial of a grievance alone does not establish liability.
Weston v. Lensbower · filed 2020-07-08
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.” Evancho, 423 F.3d at 353 (quoting Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1998)). ... Defendant Lensbower is entitled to dismissal from this action based on lack of personal involvement in the alleged wrongful conduct.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; an officer who knows of unlawful conduct and turns a blind eye to it may be personally responsible.
Rivera v. Town Of Cicero · filed 2020-07-09
It is well established in this circuit that a plaintiff asserting claims under 42 U.S.C. § 1983 must allege that each defendant was personally involved in the alleged constitutional deprivation. ... Accordingly, the Court grants the motion to dismiss Count I as to Defendant Perez but denies it as to Defendant Lara.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Burnside v. Mueller · filed 2020-07-09
Liability under § 1983 is predicated on a defendant’s personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in depriving the plaintiff of a constitutional right.
Johnson v. Corizon LLC · filed 2020-07-09
“A defendant will not be held liable under 42 U.S.C. § 1983 unless he was personally involved in ... causing the deprivation of a constitutional right.”Read the full opinion on CourtListener →
A § 1983 claim against a prison official must allege how that official personally participated in the claimed deprivation of rights.
GRIFFIN v. WETZEL · filed 2020-07-09
Griffin also does not explain how Defendant Wetzel was involved in the grievance process or otherwise personally acted to violate his due process rights.Read the full opinion on CourtListener →
A Section 1983 complaint must allege facts supporting a claim against the named defendant.
BURTCH v. GEORGIA · filed 2020-07-10
While Plaintiff names Deputy Warden Jones as the Defendant, he alleges no facts supporting any claim against her.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold a prison official individually liable to plausibly allege the official’s personal involvement; a position in the chain of command alone is insufficient.
Knight v. New York State Department of Corrections · filed 2020-07-10
Accordingly, because “mere linkage in the prison chain of command is insufficient to implicate a [senior prison official] in a § 1983 claim,” all individual capacity claims against Koengismann are dismissed.Read the full opinion on CourtListener →
A § 1983 claim against a supervisor in a personal capacity requires facts plausibly linking the supervisor to the alleged deprivation of rights.
White v. Gutwein · filed 2020-07-10
Because Plaintiff fails to allege any facts that plausibly suggest that Commissioner Annucci had any direct involvement with, knowledge of, or responsibility for the alleged deprivations of Plaintiff’s rights, he also fails to state a claim against Commissioner Annucci in his personal capacity.Read the full opinion on CourtListener →
Section 1983 requires facts showing that an individually named defendant personally participated in causing the alleged harm.
Bradley v. Department of Executive Services · filed 2020-07-13
The Court declines to order that plaintiff's complaint be served because his complaint is deficient in the following respect: Plaintiff does not specifically allege in his complaint that the individual defendants violated any of his federal constitutional rights nor does he set forth any specific facts demonstrating that the individual defendants personally participated in causing him any harm of constitutional dimension.Read the full opinion on CourtListener →
Section 1983 requires a government official to have personally caused or acquiesced in the alleged deprivation of constitutional rights; a supervisory role alone is insufficient.
Smith v. Stevens · filed 2020-07-13
But for a government official to be liable under 42 U.S.C. §1983, that official personally must have caused the deprivation of the plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of his rights.
(PC) Stobbe v. Gill · filed 2020-07-13
Plaintiff must allege that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a causal link between each defendant’s actions and the claimed deprivation of rights.
(PC) Muhammad v. Linennger · filed 2020-07-13
To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations. ... Since plaintiff never alleges any of these twenty-one defendants had a causal role in depriving plaintiff of his constitutional rights, the Court finds that plaintiff fails to state a claim against them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant’s acts or omissions to the alleged constitutional violation.
King v. Davis · filed 2020-07-13
As the court also explained, King had to link individual defendants to his claims by explaining what each defendant did or failed to do that caused a violation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires factual allegations describing a defendant’s own actions and responsibilities to support individual liability.
Tucker v. Day · filed 2020-07-13
Tucker’s claims against Navarrete are also DISMISSED with leave to amend. Tucker names Navarette as a defendant but does not describe his actions in any way. Without specific factual allegations describing Navarette’s actions and responsibilities, the Court cannot assess whether he could be liable for his conduct.Read the full opinion on CourtListener →
Section 1983 requires allegations that the defendants were involved in the alleged deprivation of the plaintiff’s federal rights.
Phillips v. DOC · filed 2020-07-14
The complaint does not contain allegations that the defendants were involved in releasing the spreadsheet or that the spreadsheet contained any information about Plaintiff, including his protected health information.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; an allegation that an official was present during conduct underlying a dismissed excessive force claim does not establish personal liability.
Martinaj v. Uhler · filed 2020-07-14
The Court notes that while Copeland alleges that Racette was present during his “interrogation, search and abuse,” (Dkt. No. 40, ¶ 159), Copeland’s excessive force claim has been dismissed and thus this allegation is insufficient to establish Racette’s personal liability.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.
(PC) Moore v. Mendoza · filed 2020-07-15
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.Read the full opinion on CourtListener →
Section 1983 requires an official’s personal involvement in an alleged constitutional violation; a place in the chain of command is insufficient.
Sampel v. Livingston County Jail · filed 2020-07-15
To establish liability against an official under § 1983, a plaintiff must allege that individual’s personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.Read the full opinion on CourtListener →
Section 1983 does not require an official’s personal involvement in past violations when the plaintiff seeks prospective injunctive relief for ongoing violations.
Doxzon v. Department of Human Services of the Commonwealth of Pennsylvania · filed 2020-07-15
We also reject defendant Miller’s contention that Doxzon does not have a reasonable likelihood of success on the merits of the 42 U.S.C. § 1983 claims against her because she was not personally involved in any decision regarding Doxzon’s CHC waiver services. Personal involvement is not, however, required as to claims for prospective injunctive relief for ongoing violations of federal law.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in conduct that causes the deprivation of a federal right.
Shaw v. Kaemingk · filed 2020-07-15
Only state actors whose personal conduct caused the deprivation of a federal right are liable under § 1983. ... Shaw has not come forward with evidence to show that CBM defendants were personally involved in denying his Project Applications or his “Request for Religious and Alternative Diet” forms.Read the full opinion on CourtListener →
Section 1983 requires facts supporting each defendant’s personal involvement in the alleged deprivation of rights.
Pritchard v. Sheppard (PSLC1) · filed 2020-07-15
As Plaintiff’s complaint does not allow the Court to plausibly infer that Defendants were personally involved in any denial of assistance to him for his broken prosthetic leg, however, this claim will be DISMISSED for failure to state a claim upon which relief may be granted under § 1983.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.
Farnsworth v. Davis · filed 2020-07-16
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.
Reynolds v. Southwest VA Haysi Regional Jail Authority · filed 2020-07-16
Despite two prior orders informing Reynolds of these requirements and directing him to identify the specific actions of specific defendants to state a claim under Section 1983, his second amended complaint fails to name any action by any particular person or defendant.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.
Silk v. Hutcheson · filed 2020-07-16
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires facts showing that an individual defendant personally participated in or caused the alleged rights deprivation.
Tucker v. Adoc · filed 2020-07-16
The district court properly dismissed plaintiffs’ claims against Ryan in his individual capacity because plaintiffs failed to allege facts sufficient to show that Ryan personally participated in or caused the alleged violations.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal participation in or causation of the alleged deprivation of rights.
Hayes v. Idaho Correctional Center · filed 2020-07-16
The district court properly granted summary judgment for defendant Burke because Hayes failed to raise a genuine dispute of material fact as to whether Burke personally participated in or caused the opening of his legal mail on December 28, 2010 and March 2, 2011. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires personal participation by the defendant in the alleged rights deprivation); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (elements for supervisory liability under § 1983).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for liability.
Sherman v. Corcella · filed 2020-07-16
Absent proof that an official was personally involved in an Eighth Amendment violation, he or she cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant and the alleged deprivation of rights; a claim against an entire staff without identifying individual involvement is insufficient.
Terry v. Parker · filed 2020-07-16
“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires facts showing that a defendant personally participated in or caused the alleged constitutional deprivation.
Blanco v. Pete · filed 2020-07-17
The district court properly dismissed Blanco’s action because Blanco failed to allege facts sufficient to show that defendants personally participated in or otherwise caused the opening of his incoming legal mail on four occasions in 2017 and 2018.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement or a sufficient causal connection to the alleged constitutional deprivation.
Collins v. Neven · filed 2020-07-17
The district court properly granted summary judgment on Collins’s medical deliberate indifference claim because Collins failed to raise a genuine dispute of material fact as to whether defendants Cox, Aranas, and Neven violated his Eighth Amendment rights when they were not personally involved in Collins’s medical care.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for liability.
(PC) Bouie v. Smith · filed 2020-07-17
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege what a defendant did or failed to do that violated the plaintiff’s rights.
Robertson v. San Francisco County Sheriffs Department · filed 2020-07-17
Moreover, Robertson does not link any defendant to this claim by alleging what a defendant did or failed to do that showed a violation of his rights, as the court cautioned him was necessary.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation before that defendant can be liable for damages.
Jumpp v. Simonow · filed 2020-07-20
Because a defendant’s personal involvement in an alleged constitutional violation is a prerequisite to hold a defendant liable for an award of damages under § 1983, Jumpp has not sufficiently alleged a claim of Fourteenth Amendment deliberate indifference against any of the named defendants based on being served this meal of chicken ground with bones.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued in an individual capacity to have personally participated in the alleged denial of rights.
Woodward v. Davis · filed 2020-07-20
For a defendant to be held liable under § 1983 in his individual capacity, the plaintiff must demonstrate that the defendant personally participated in the alleged denial of rights.Read the full opinion on CourtListener →
Section 1983 permits claims against each officer when the complaint alleges they acted in concert to violate the plaintiff’s rights.
D'Acquisto v. Anderson · filed 2020-07-20
Because Plaintiff alleges that they were acting in concert, Plaintiff’s allegations are sufficient to state claims against each of the defendants.Read the full opinion on CourtListener →
Notes 61801–61950 of 71,725, oldest cases first.
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