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No reviewed case has held this section invalid, preempted, superseded or repealed.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 does not impose liability on defendants who were not involved in the challenged treatment decisions.

(PC) Williams v. Bell · filed 2020-07-20

The magistrate judge considered the evidence presented on summary judgment and the applicable law, concluding that the level of mental health care provided to plaintiff by defendants was reasonable, that plaintiff had not presented evidence meeting the threshold of establishing deliberate indifference, and that under the undisputed evidence some of the named defendants were not involved in decision-making related to plaintiff’s treatment. (Doc. No. 121 at 10-16.) Having carefully reviewed the entire file, the court finds the pending findings and recommendations to be supported by the record and by proper analysis.
Read the full opinion on CourtListener →

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

Aguilera v. Ducart · filed 2020-07-20

The amended complaint sufficiently links the deprivation of plaintiff’s constitutional rights to defendant Molina’s blanket authorization of the use of deadly force and to defendant Hendrix’s actions.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to plausibly allege a causal link between each defendant’s actions or omissions and a violation of federal rights.

Hicks v. Diaz · filed 2020-07-20

As discussed above, § 1983 requires Plaintiff to allege facts sufficient to plausibly show that there is a link, or causal connection, between each defendant’s actions or omissions and a violation of his federal rights.
Read the full opinion on CourtListener →

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

Stokes v. Dovey · filed 2020-07-20

Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation.
Read the full opinion on CourtListener →

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

Briglin v. Morley · filed 2020-07-20

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 requires a defendant’s personal involvement in the alleged wrong; prison officials’ own decisions about funding medical care can support a claim.

ZEHRING v. SORBER · filed 2020-07-20

Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... Zehring’s claims against the non-medical Defendants, Superintendent Sorber, Deputy Secretary Ferguson, and Director Silva, based on the delay in medical treatment are grounded on their alleged personal knowledge of his need for treatment and their personal actions that failed to fund such treatment adequately, resulting in non-medical reasons for his delay in receiving treatment.
Read the full opinion on CourtListener →

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

Petties v. Smalls · filed 2020-07-21

To state a claim under § 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 Kisha Smalls was personally involved in the events underlying his claims. The Court therefore dismisses Plaintiff’s claims against Smalls for failure to state a claim on which relief may be granted.
Read the full opinion on CourtListener →

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

Hall v. Department of Corrections Medical Department · filed 2020-07-21

In general, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... These facts are far from sufficient to support Defendants’ personal involvement in a constitutional deprivation.
Read the full opinion on CourtListener →

Section 1983 requires evidence of a defendant’s personal involvement in the alleged wrongdoing.

LAWSON v. BANTA · filed 2020-07-21

Plaintiff has not, however, provided any evidence directly tying either named Defendant to the alleged mail interference, as is required under § 1983.
Read the full opinion on CourtListener →

Section 1983 requires allegations of a defendant’s personal involvement; a name appearing in medical records is insufficient.

(PC) Pena v. Sherman · filed 2020-07-22

Plaintiff’s single objection that does address substance—that the names of all fourteen defendants appear in his medical records—is insufficient to overcome the lack of personal allegations against ten of the fourteen.
Read the full opinion on CourtListener →

Section 1983 liability requires an alleged affirmative connection between the challenged conduct and each identified defendant.

(PC) Greschner v. CDCR · filed 2020-07-22

This court also recommended the dismissal of defendants “HDSP personnel,” including potential supervisorial defendants, as “too broad to identify appropriate defendants, because liability requires an alleged affirmative connection between the conduct challenged and specifically identified defendants.” ... Plaintiff’s request is without merit for the reasons noted above.
Read the full opinion on CourtListener →

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

Jackson v. Kuepper · filed 2020-07-23

But liability under 42 U.S.C. § 1983 requires personal involvement, see Mitchell v. Kallas, 895 F.3d 492, 498–99 (7th Cir. 2018), and Jackson offers no evidence that these defendants knew that Kuepper would put soap in the ice, that Jackson would drink the melted ice rather than potable water, and that she would do so in a quantity that was harmful.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege a specific injury linked to the conduct of a particular defendant.

Hill 068563 v. Arizona Department of Corrections · filed 2020-07-23

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 fails to allege facts to support when, how, or what each Defendant did that violated his right of familial association.
Read the full opinion on CourtListener →

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

Hamilton v. Westchester Department of Corrections · filed 2020-07-23

Therefore, no named defendant is plausibly alleged to have been personally involved in those incidents, and Plaintiff cannot recover in the abstract for the pain he allegedly suffered during that period.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege each defendant’s personal participation in a constitutional violation; employment or supervisory status alone is insufficient.

Brown v. Yates · filed 2020-07-23

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Plaintiff must go further and state how the named defendant’s personal participation violated his constitutional rights.
Read the full opinion on CourtListener →

A defendant’s notice of an alleged sentence miscalculation through a grievance appeal, followed by inaction, can sufficiently allege personal involvement in a § 1983 claim.

Marrow v. Lawler · filed 2020-07-23

Moreover, while Plaintiff’s only allegation against Defendant Brittain is that she denied the appeal of his grievance regarding his sentence calculation (id. at 2), the Court concludes that such is sufficient to state a claim that Defendant Brittain was on notice of the alleged miscalculation and took no action to correct it.
Read the full opinion on CourtListener →

Section 1983 requires proof that each named officer was personally involved in the alleged violation.

Williams v. City of York · filed 2020-07-24

Jutrowski’s central tenet—that “a defendant’s § 1983 liability must be predicated on his direct and personal involvement in the alleged violation”—is “manifest in our excessive force jurisprudence.”
Read the full opinion on CourtListener →

Section 1983 permits a plaintiff to name as defendants only people who personally participated in a substantial way in the alleged deprivation of a federal constitutional right.

(PC) Howell v. McKelvey · filed 2020-07-24

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

(PC) Burton v. Arya · filed 2020-07-24

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 conduct and the claimed deprivation of rights.

Uniloc 2017 LLC v. Google LLC · filed 2020-07-24

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 causal connection between a defendant and the alleged injury, even when the defendant did not personally participate.

Corpus v. Depass · filed 2020-07-24

Although personal participation is not specifically required for liability under § 1983, there must be some causal connection between the defendant named and the injury allegedly sustained.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to explain how each named defendant was personally involved in the alleged wrongdoing.

Davis v. Hassel · filed 2020-07-24

Nor has Mr. Davis explained how the named defendants are personally involved with these alleged shortcomings.
Read the full opinion on CourtListener →

Section 1983 does not impose liability on county commissioners solely because they oversee county matters or supervise county personnel; they must be personally involved.

Miles v. Grant County Commissioners · filed 2020-07-24

There is nothing to suggest that any of the Grant County Commissioners were personally involved in these events, and they cannot be held liable solely because they oversee matters within the county or supervise other county personnel.
Read the full opinion on CourtListener →

Section 1983 requires an individual defendant to have been personally involved in the constitutional violation.

Fernandez v. O'Neill · filed 2020-07-24

Plaintiff has not provided evidence that Moncion was personally involved in his arrest.
Read the full opinion on CourtListener →

Individual liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory status alone is insufficient.

Price v. Koenigsmann · filed 2020-07-24

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under [42 U.S.C.] § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” ... Therefore, Koenigsmann is dismissed for lack of personal involvement.
Read the full opinion on CourtListener →

Section 1983 requires allegations connecting a named defendant to the alleged violation; naming someone only in the caption is insufficient.

Coit v. Luther · filed 2020-07-24

Plaintiff names Defendant Ellenberger in the caption, but there are no averments related to him in the body of the complaint. Plaintiff’s complaint, therefore, is subject to dismissal with respect to Defendant Ellenberger for that reason alone.
Read the full opinion on CourtListener →

Section 1983 requires personal involvement to establish individual liability.

Cook v. Helder · filed 2020-07-27

Individual liability under § 1983 must be based on personal involvement.
Read the full opinion on CourtListener →

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

Fluker v. Kelly · filed 2020-07-27

Fluker cannot hold a defendant liable for an award damages without alleging a defendant’s personal involvement in the asserted constitutional violation. ... Although the extent of involvement by Lieutenant Kelly, Officer Michaud and Officer Verdura in the alleged procedural due process violation is not entirely clear, the court will permit this claim to proceed against Lieutenant Kelly, Officer Michaud and Officer Verdura for further development.
Read the full opinion on CourtListener →

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

Oh v. Saprano · filed 2020-07-27

I dismiss all of Oh’s claims against those seven supervisory defendants because (1) he has not alleged that some of them were personally involved in his alleged constitutional deprivation, and, even if he had, (2) he has not alleged that any supervisory defendant acted with a sufficiently culpable state of mind. “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 damages claims require allegations connecting each defendant’s own conduct to the alleged constitutional violation.

Ghee v. State of New York Department of Corrections · filed 2020-07-27

Because the complaint fails to allege the personal involvement of defendants Kirkpatrick and Doe in any alleged constitutional violation, any claims asserted against those individuals are dismissed for failure to state a claim upon which relief may be granted pursuant to Sections 1915(e)(2)(B)(ii) and 1915A(b)(1).
Read the full opinion on CourtListener →

Section 1983 requires a defendant to cause or participate in the rights violation; investigating or denying a grievance about it does not suffice.

Williams v. Kinyon · filed 2020-07-28

Payne’s allegedly poor investigation and denial of Williams’ inmate complaint did not cause or contribute to the delay in treatment, so he fails to state a claim against her.
Read the full opinion on CourtListener →

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

Davies v. Espinda · filed 2020-07-28

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 supervisor’s personal involvement in a constitutional violation; supervisory status alone does not create liability.

Ruiz v. Westchester County DOC · filed 2020-07-28

A supervisor does not become responsible for the actions of those under their command merely because of their supervisory role.
Read the full opinion on CourtListener →

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

Burton v. WETZEL · filed 2020-07-28

Accordingly, for the foregoing reasons, we will grant the defendants’ motion for a more definite statement and require Burton to file an amended complaint containing the details requested by the defendants, i.e., the specific instances of sexual harassment, discrimination, and verbal and psychological abuse and each defendant’s direct role in every instance. ... 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.
Read the full opinion on CourtListener →

Section 1983 requires an individual defendant to be personally responsible for the alleged deprivation of rights.

Wilson v. Wexford Health Source Inc. · filed 2020-07-29

Since Wilson fails to allege that Jeffreys or Baldwin were “personally responsible” for the alleged deprivations of his rights, Wilson fails to state a § 1983 claim against either of these defendants.
Read the full opinion on CourtListener →

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

Footes v. Bishop · filed 2020-07-29

Liability under § 1983 attaches only upon a defendant’s personal participation in the constitutional violation.
Read the full opinion on CourtListener →

Section 1983 requires factual allegations connecting each individual defendant to the claimed violation.

(PC) Escobar v. Gary · filed 2020-07-30

Having carefully reviewed the entire file, including plaintiffs objections, the court concludes that the findings and recommendations are supported by the record and by proper analysis. ... Notably, the objections do not dispute that the FAC fails to allege any facts against any of the individually named defendants, or any facts supporting any of the various claims plaintiff appears to be asserting in this action.
Read the full opinion on CourtListener →

Section 1983 requires each defendant’s personal involvement in the deprivation of rights; it does not impose respondeat superior liability.

(PC) Ramsey v. Dickerson · filed 2020-07-30

There is no respondeat superior liability, and each defendant is only liable for his or her own misconduct.
Read the full opinion on CourtListener →

Section 1983 requires a complaint to allege how each named defendant was involved in depriving the plaintiff of a federal right.

(PC) Brooks v. Santoro · filed 2020-07-30

The amended complaint must allege in specific terms how each named defendant is involved, or how implementation of the underground regulation caused violation of his rights.
Read the full opinion on CourtListener →

Section 1983 requires a complaint to identify each defendant’s involvement and connect that defendant’s actions to the alleged deprivation of rights.

(PC) Green v. McFarlane · filed 2020-07-30

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

(PC) Johnson v. Nelson · filed 2020-07-30

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 link each defendant’s conduct to the alleged deprivation of rights.

D'Agirbaud v. Kam · filed 2020-07-30

Section 1983 requires an actual connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.
Read the full opinion on CourtListener →

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

Valdez v. City of Chicago · filed 2020-07-30

To state a claim under 42 U.S.C.§ 1983, Valdez must allege “personal involvement in the alleged constitutional deprivation.” ... Because the court can conceive of no facts that would implicate Emanuel in the promotion decision, Counts III and IV are dismissed against him with prejudice.
Read the full opinion on CourtListener →

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

Taylor v. NYC · filed 2020-07-30

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.
Read the full opinion on CourtListener →

Section 1983 liability requires personal involvement in the deprivation of a federal constitutional right.

Jay v. Venetozzi · filed 2020-07-30

Personal involvement in the deprivation of a federal constitutional right is the sine qua non of liability under § 1983.
Read the full opinion on CourtListener →

Section 1983 does not impose liability on prison officials who only deny grievances without causing or participating in the underlying conduct.

Bryson v. Donovan · filed 2020-07-31

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under §1983.
Read the full opinion on CourtListener →

A § 1983 claim against an individual defendant must plausibly allege what that person did; merely identifying the person as involved is insufficient.

Bush v. Philadelphia Redevelopment Aut · filed 2020-07-31

They have not developed that argument, but we need not reach it because we agree with their alternative argument and with the District Court that Bush otherwise failed to state any plausible claim against them. In Bush’s complaint, he merely identified the individual defendants as persons “involved” in the events giving rise to his claims without specifying what they did.
Read the full opinion on CourtListener →

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

Phillips v. Reinhart · filed 2020-07-31

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 has not alleged what the only individual defendant named specifically did to violate his constitutional rights. Accordingly, Plaintiff fails to state a cognizable claim for relief against Defendant Michael Reinhart in this action.
Read the full opinion on CourtListener →

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

(PC) Foster v. Russell · filed 2020-07-31

If plaintiff elects to file a third amended complaint, that pleading must identify as a defendant only persons who personally participated in a substantial way in depriving him of a federal constitutional right.
Read the full opinion on CourtListener →

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

(PC) West v. High Desert State Prison · filed 2020-07-31

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.
Read the full opinion on CourtListener →

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

(PC) Cox v. Daram · filed 2020-07-31

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.
Read the full opinion on CourtListener →

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

SELBY v. KILEY · filed 2020-07-31

Next, claims against Sheriff Dave Wedding must be dismissed because "[i]ndividual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."
Read the full opinion on CourtListener →

A Section 1983 complaint must connect its factual allegations to particular defendants.

Jones v. Chief of Police · filed 2020-07-31

Plaintiff Jason Marcus Jones, who is a pretrial detainee at the Washoe County Detention Facility (“WCDF”), brings this action under 42 U.S.C. § 1983. Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 25), recommending that the Court: ... (2) dismiss his Complaint with leave to amend, primarily because he did not include many factual allegations in his Complaint, nor connect those allegations to particular defendants; ... For this reason, and as explained below, the Court adopts the R&R, and will take each of the actions Judge Cobb recommends.
Read the full opinion on CourtListener →

Section 1983 requires a defendant’s personal involvement in the alleged violation; a defendant cannot be held liable solely for another officer’s actions.

BROWN v. GEO GROUP INC · filed 2020-07-31

Because Brown alleges no facts that point to the involvement of any of the moving Defendants in that incident, they are entitled to dismissal.
Read the full opinion on CourtListener →

Section 1983 requires facts showing that the defendant personally caused the alleged constitutional violation.

Rainey v. Golden · filed 2020-08-03

Moreover, Plaintiff has failed to direct the Court to any specific facts that Defendant himself delayed Plaintiff's arraignment due to ill-will or malice.
Read the full opinion on CourtListener →

Section 1983 does not impose liability on a prison official for failing to provide information during a grievance process without personal involvement in the underlying constitutional deprivation.

AUSTIN v. HAMMERS · filed 2020-08-03

Nor is Bolland’s alleged failure to provide information in the context of the grievance procedure actionable.
Read the full opinion on CourtListener →

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

Williams, Derek v. Boughton, Warden · filed 2020-08-04

The undisputed evidence shows that Goff wasn’t the one who decided that Jumu’ah should take place in the gym that day, so he cannot be held liable under § 1983.
Read the full opinion on CourtListener →

Section 1983 requires allegations showing each defendant personally participated in the deprivation of the plaintiff’s rights; naming defendants alone is insufficient.

(PC) Vargas v. California Department of Corrections and Rehabilitation · filed 2020-08-04

Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... Although Plaintiff adequately alleges a serious medical need and the deliberate indifference demonstrated by the denial of that need, Plaintiff’s allegations are too conclusory to impose liability on any of that Defendants.
Read the full opinion on CourtListener →

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

(PC) Dunbar v. California Corrections Department · filed 2020-08-04

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 a defendant to have personally caused the alleged constitutional deprivation; filing a false report after an assault does not make that defendant liable for the force used.

(PC) Lamon v. Mey · filed 2020-08-04

These allegations do not rise to the level of an Eighth Amendment claim because the alleged filing of the false report did not cause the alleged assault.
Read the full opinion on CourtListener →

Section 1983 requires personal fault, based on a defendant’s own conduct or conduct carried out under the defendant’s policies or customs.

Blankumsee v. Foxwell · filed 2020-08-04

Section 1983 requires a showing of personal fault, whether based upon the defendant’s own conduct or another’s conduct in executing the defendant’s policies or customs.
Read the full opinion on CourtListener →

Section 1983 requires an individual defendant to participate directly in the alleged constitutional violation; vicarious liability alone is insufficient.

Salvatore v. City of Wildwood, Missouri · filed 2020-08-04

An individual may not be held liable under § 1983 under a theory of vicarious liability or respondeat superior. ... In short, the Court finds that genuine issues of material fact exist on Bowlin and Thomas’s direct participation in deprivation of Salvatore’s First Amendment rights, and denies both Motions for Summary Judgment on this point.
Read the full opinion on CourtListener →

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

Ndemenoh v. Boudreau · filed 2020-08-04

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.
Read the full opinion on CourtListener →

Section 1983 makes a public employee liable for the employee’s own knowledge and actions.

Harris v. Meisner · filed 2020-08-05

Messner is not responsible for what happened to the documents after Harris’ sister picked them up. Under § 1983, “a public employee’s liability is premised on h[is] own knowledge and actions.” Id. at 630.
Read the full opinion on CourtListener →

Section 1983 requires evidence that defendants were personally involved in a constitutional deprivation.

Martin v. Basnettt · filed 2020-08-05

In order to recover under section 1983, Plaintiff must present evidence that Defendants were personally involved in a constitutional deprivation. ... But Plaintiff fails to present any such evidence.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to establish each defendant’s personal involvement to survive summary judgment.

Waters v. State of Delaware · filed 2020-08-05

This rule ensures that a plaintiff establishes the “personal involvement” of each defendant in order to survive summary judgment. ... This concession accords with the evidence, as Defendant McCann, and not the other two officers, activated all three taser bursts. Summary judgment on the excessive force claim is therefore granted for Defendants Osgood and Holl.
Read the full opinion on CourtListener →

Section 1983 requires a causal link between a defendant and the deprivation of rights; merely naming an official does not establish liability.

Johnson v. White · filed 2020-08-05

“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Simply placing a defendant’s name in the complaint is not enough to assert their responsibility. ... Plaintiff asserts no allegations of wrongdoing on the part of warden Lawson and therefore fails to state a claim against her.
Read the full opinion on CourtListener →

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

(PC) Franks v. Johnson · filed 2020-08-06

The statute plainly requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by Plaintiff. ... Here, Plaintiff has identified three separate defendants, but he has not alleged what each defendant did or did not do that resulted in a violation of his constitutional rights.
Read the full opinion on CourtListener →

Section 1983 permits individual liability for officials who personally influence a decision that violates someone’s rights, even if they lack formal authority to make it.

Hladek v. City of Calumet City · filed 2020-08-06

However, Plaintiff adequately alleges facts plausibly suggesting that the Moving Defendants actively participated in and corruptly influenced the promotional decision, despite their lack of legal authority to do so, and may be liable for the resulting injury.
Read the full opinion on CourtListener →

Section 1983 requires an individual defendant’s personal involvement in the alleged wrongdoing; supervisory responsibility alone does not establish liability.

WILSON v. NEW JERSEY DEPARTMENT OF CORRECTION · filed 2020-08-06

A[n individual government] defendant in a civil rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of respondeat superior. ... In sum, Plaintiff has failed to allege sufficient facts supporting his conclusion that he was exposed to a serious risk to his health or that any defendant was aware of and failed to protect him from a serious risk of present or future injury from breathing a hazardous substance or exposure to temperature extremes.
Read the full opinion on CourtListener →

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

LEWIS v. ENGLISH · filed 2020-08-06

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 does not impose liability on prison officials solely because they respond to, or fail to respond to, grievances about an earlier alleged rights violation.

POWELL v. MCKEOWN · filed 2020-08-06

Consequently, any claims asserted by Plaintiff in an attempt to establish liability against Defendants Mahally and Moslak based solely upon the substance of their respective responses, or lack thereof, to his grievances or administrative remedies does not support a constitutional claim.
Read the full opinion on CourtListener →

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

Milardo v. Semple · filed 2020-08-07

For any action under Section 1983, a plaintiff must also allege facts showing the defendants’ direct and “personal involvement . . . in [the] alleged constitutional deprivations.”
Read the full opinion on CourtListener →

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

OSBORN v. GILMORE · filed 2020-08-07

"Individual 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 and citation omitted). Because Mr. Osborn has made no allegations against Kevin Gilmore or Richard Brown, any claims against them are dismissed for failure to state a claim upon which relief may be granted.
Read the full opinion on CourtListener →

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

Vega v. Commonwealth of Pennsylvania, Department of Transportation · filed 2020-08-07

Therefore, Vega does not sufficiently allege personal involvement by Richards. As a result, all claims (Counts I, II, III, and IV) against Richards in her personal capacity are dismissed without prejudice.
Read the full opinion on CourtListener →

Section 1983 claims must sufficiently allege each defendant’s personal involvement; conclusory allegations do not state a claim.

Ndaula v. Clinton County Correctional Facility · filed 2020-08-07

The amended complaint should specify which actions are alleged as to which defendants and sufficiently allege personal involvement of the defendant in the acts which Plaintiff claims violated his rights. Mere conclusory allegations will not set forth cognizable claims.
Read the full opinion on CourtListener →

Section 1983 does not impose liability on a prison official solely for improperly processing an inmate’s grievances or appeals.

Himes v. Garcia · filed 2020-08-10

However, a prison official’s allegedly improper processing of an inmate’s grievances or appeals, without more, cannot serve as a basis for section 1983 liability.
Read the full opinion on CourtListener →

Section 1983 requires personal involvement for individual-capacity liability; vague allegations about officials’ conduct do not suffice.

Watison v. Parker · filed 2020-08-10

However, these allegations are far too vague to plead personal involvement necessary to “plausibly suggest an entitlement to relief.” Williams, 631 F.3d at 383 (quoting Iqbal, 556 U.S. at 681). Accordingly, Plaintiff’s individual-capacity Section 1983 claims against Slattery, Parker, and Dotson must be dismissed.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege that each defendant was personally involved in violating a constitutional right; supervisory status alone does not establish liability.

Thomas-El v. Francis · filed 2020-08-11

To state a claim under § 1983, plaintiff must plead that a government official has personally violated his constitutional rights.
Read the full opinion on CourtListener →

Section 1983 requires a defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights for personal liability.

Shelton v. Price · filed 2020-08-11

Moreover, personal liability in a § 1983 action hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights. ... Shelton’s complaint makes no allegations at all against Price specifically, much less allege that Price was personally involved in conduct that violated his constitutional rights.
Read the full opinion on CourtListener →

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

Stapleton v. Pagano · filed 2020-08-11

This too is fatal to Plaintiff’s claim. “Proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on a claim for damages under § 1983.”
Read the full opinion on CourtListener →

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

Coke v. New York State Department of Corrections & Community Supervision Medical Services Department · filed 2020-08-11

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 Defendants Parker and Ferdous were personally involved in a constitutional violation.
Read the full opinion on CourtListener →

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

Martz v. Wetzel · filed 2020-08-11

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.” ... Martz’s claims against Defendants Wetzel, Bickell, and Delbalso must be dismissed because his complaint is devoid of any facts showing how they were involved in the alleged constitutional violations.
Read the full opinion on CourtListener →

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

Molcon v. Betti · filed 2020-08-11

That said, Plaintiff continues to fail to allege any personal involvement by Defendant Betti in the amended complaint.
Read the full opinion on CourtListener →

Section 1983 requires each defendant’s personal involvement in the alleged deprivation; mere presence and awareness are insufficient.

GREEN v. WETZEL · filed 2020-08-11

Here, Plaintiff cannot rely on the mere presence and “awareness” of defendants Crum, Ruff, Galbreathe, Sissem, Anderson, Adams, and Santos to establish that these defendants played an affirmative part in transferring him to cell 31 when the evidence in the record reflects that Deplatchet was the decisionmaker who ordered the transfer.
Read the full opinion on CourtListener →

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

Moore v. Parsons · filed 2020-08-12

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.
Read the full opinion on CourtListener →

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

Clark v. Wimer · filed 2020-08-12

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement. ... In light of these failures, the court will dismiss the deliberate indifference claim, but allow Clark to file an amended complaint that states specifically who he believes was deliberately indifferent to his medical needs, as well as any facts to support those claims.
Read the full opinion on CourtListener →

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

(PC) Anderson v. Vangerwen · filed 2020-08-12

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.
Read the full opinion on CourtListener →

Section 1983 generally requires a prison official’s personal participation in an alleged constitutional violation for individual-capacity damages.

Veenstra v. Little · filed 2020-08-12

Prison officials generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations.
Read the full opinion on CourtListener →

Section 1983 does not impose liability on a warden merely for addressing an inmate’s grievance without personal involvement in the alleged violation.

Abell v. Graham · filed 2020-08-12

However, addressing an inmate’s complaint, without more, is insufficient to confer liability.
Read the full opinion on CourtListener →

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

Horacek v. Carter · filed 2020-08-12

In addition, the plaintiff must allege that “the defendants were personally involved in the alleged deprivation of federal rights.” Frazier v. Michigan, 41 F. App’x 762, 764 (6th Cir. 2002) (citing Hall v. United States, 704 F.2d 246, 251 (6th Cir. 1983)). ... Because Plaintiff made no allegations against Kim Farris, Marianne D. McKissick, or Sgt. Slater, those defendants will be dismissed.
Read the full opinion on CourtListener →

Section 1983 claims against prison officials must identify individuals personally involved in the alleged violations.

Taylor v. Alexis · filed 2020-08-12

The second amended complaint must name proper defendants (i.e., those individuals with personal involvement over plaintiff’s claims), and those defendants must be named in the caption and in the statement of claim.
Read the full opinion on CourtListener →

Section 1983 requires facts plausibly showing that a named defendant was personally involved in the alleged retaliatory act.

Gilmore v. Karandy · filed 2020-08-12

Insofar as plaintiff has asserted a retaliation claim based on plaintiff's transfer to a new correctional facility following his submission of a grievance regarding the allegedly forged medical records, the Court has no basis to plausibly infer from the allegations in the amended complaint either that the named defendants were personally involved in the decision to transfer plaintiff, or that the transfer was motivated by plaintiff's grievance submission.
Read the full opinion on CourtListener →

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; allegations that medical providers knew of a prisoner’s condition and withheld treatment can support a claim.

SCHURAWLOW v. RUSSELL · filed 2020-08-12

Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... Here, Schurawlow alleges that Benner and Dr. Wilson had knowledge of his conditions and either did not provide medical treatment or did not provide the treatment that he claims was required. Taking all inferences as true as the court is obligated to do at this stage of the litigation, Schurawlow has alleged sufficient facts to proceed on his claims against these two defendants.
Read the full opinion on CourtListener →

Section 1983 requires allegations connecting a defendant to the claimed deprivation; merely naming an entity without alleging its conduct does not state a claim against it.

Esposito v. Gibbs · filed 2020-08-13

Plaintiff has named the Racine County Sheriff’s Office as a defendant, but the complaint contains no allegations against the entity. Therefore, it will be dismissed as a defendant.
Read the full opinion on CourtListener →

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

Washington v. Ondrejka · filed 2020-08-13

Washington’s claims against these defendants are not based on personal involvement, as required to establish liability in a § 1983 claim; they are based solely on the operation of respondeat superior.
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.

Osborn 178862 v. Wishchuen · filed 2020-08-13

In addition, a plaintiff must allege that she suffered a specific injury as a result of the conduct of a particular defendant and she must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff claims she has suffered ongoing harassment by other prisoners, but she has provided no factual detail regarding any such harassment, let alone connected that harassment to Chacon’s conduct.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege facts showing how each defendant was personally involved in or directly responsible for the alleged harm.

Moore v. Turner · filed 2020-08-13

It is important that plaintiff allege facts explaining how each defendant was personally involved in or directly responsible for harming him.
Read the full opinion on CourtListener →

Section 1983 requires evidence of a health services manager’s personal involvement in an inmate’s care to hold the manager liable for that care.

Machicote v. Doctor Roethlisberger · filed 2020-08-14

As for Warner, the health services manager, the district court properly concluded that she did not have knowledge of Machicote’s treatment or the authority to intervene in it. No evidence suggests that she was personally involved in his care beyond fielding Nurse Stecker’s complaints about him.
Read the full opinion on CourtListener →

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

(PC) Miles v. Garland · filed 2020-08-14

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 support a claim against an official for mishandling grievances when the official neither caused nor participated in the underlying misconduct.

Balderas v. Hale · filed 2020-08-14

Plaintiff’s only allegations against Major McLauran pertain to his mishandling of Plaintiff’s grievances and no other underlying misconduct. Accordingly, Count 4 cannot proceed against this defendant and shall be dismissed with prejudice.
Read the full opinion on CourtListener →

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; a defendant who did not decide a prisoner’s transfer cannot be held liable for that transfer based on her statements alone.

Hill 250316 v. Coleman · filed 2020-08-14

Moreover, Plaintiff fails to allege facts showing that Defendant Doolittle had any part in his transfer. Even if Defendant Doolittle had made retaliatory statements to Plaintiff, those statements would not be evidence of retaliation if she was not the decisionmaker taking the alleged adverse action.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff seeking individual liability to identify each defendant’s personal involvement in the alleged constitutional violation.

Whitehead v. Bickford · filed 2020-08-14

To illustrate, Plaintiffs allege that “Defendants” collectively disseminated the press release but then fail to identify which individual Defendant(s) personally participated in its creation and release, which is required for individual liable under 42 U.S.C. § 1983.
Read the full opinion on CourtListener →

Section 1983 requires factual allegations tying each government official to the alleged constitutional violation; allegations against defendants as a group are insufficient.

Richardson v. Clarke · filed 2020-08-17

Section 1983 plaintiffs must “ground [their] legal conclusions in a sufficiently plausible factual basis” that places each defendant “on notice of what exactly [he or she] might have done to violate [the plaintiff's] rights under the Constitution.” ... Richardson’s complaint repeatedly runs afoul of the foregoing requirements and repeatedly refers to “Defendants” as a group, without any specific factual allegations tying Director Clarke to the alleged unconstitutional conduct.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege conduct by the named defendant that caused a deprivation of federal rights.

Wright v. Ferguson · filed 2020-08-17

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. ... Wright’s complaint fails to allege any facts against or conduct committed by Nurse Ferguson.
Read the full opinion on CourtListener →

Section 1983 requires facts connecting a named defendant’s conduct under color of state law to the deprivation of a federal right.

Halter v. Hutcheson · filed 2020-08-17

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. ... Accordingly, Halter’s complaint fails to state a claim against the named defendants and, thus, I will dismiss this action without prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
Read the full opinion on CourtListener →

Section 1983 permits personal liability for malicious prosecution when an officer approves a false arrest report likely to be used by prosecutors, even if he did not draft it or contact the prosecutor directly.

Ekukpe v. City of New York · filed 2020-08-17

Here, Ferrara had direct involvement in the arrest, and, in his supervisory capacity, reviewed and signed off on the arrest report knowing that the Assistant District Attorney was likely to use the document to initiate criminal prosecutions. As with his fair trial claim, the evidence here supports a finding that Ferrara directly participated in the constitutional violation. See Provost, 262 F.3d at 154. The fact that Ferrara did not draft the report himself and had limited contact with the prosecutor is not enough to shield him from liability.
Read the full opinion on CourtListener →

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

Kanakanui v. Thronesbery · filed 2020-08-17

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 has not alleged any facts against Defendants Thronesbery and Carreon. Accordingly, these Defendants will be dismissed.
Read the full opinion on CourtListener →

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

(PC) Yakini D. Byrd v. Razo · filed 2020-08-17

The statute plainly requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by Plaintiff. ... Here, Plaintiff fails to link Appeals Coordinator J. Ceballos to the allegations in his complaint.
Read the full opinion on CourtListener →

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

(PC)Hendon v. DeFazio · filed 2020-08-17

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 →

A § 1983 complaint must link each defendant to specific wrongdoing.

Stokes v. Williams · filed 2020-08-17

He does not provide any dates or specifics, however, nor does he link any specific act of wrongdoing to any of the six defendants.
Read the full opinion on CourtListener →

Section 1983 requires allegations connecting each defendant to the claimed violation; naming an official only in the caption does not state a claim against that official.

Stevens v. Parsons · filed 2020-08-17

Finally, plaintiff has not stated any claims against defendants Michael Parsons, Anne L. Precythe, Jeff Norman, and James Hurley. Although plaintiff names these defendants in the caption of his case, he states no allegations against them in the body of his complaint.
Read the full opinion on CourtListener →

A damages claim under § 1983 requires the defendant to be personally involved in the alleged constitutional deprivation.

Dodd, Jason v. Syed · filed 2020-08-18

Accordingly, there is no basis for a reasonable jury to find Veyna personally liable for the month-and-a-half delay between when the surgery was first ordered and when the second order was processed. Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014) (“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 defendant to have personally participated in the alleged deprivation of constitutional rights.

(PC) Leader v. County of Sacramento · filed 2020-08-18

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.
Read the full opinion on CourtListener →

Section 1983 requires a defendant to be connected to the alleged deprivation; a claim cannot proceed against an official with no authority over the prison at issue.

Abbatiello v. Metzger · filed 2020-08-18

When bringing a § 1983 claim, a plaintiff must allege that some person has deprived him of a federal right, and that the person who caused the deprivation acted under color of state law. ... Upon review of the Complaint, and the incorrect JTVCC address Plaintiff provided, it is clear that Plaintiff has failed to state a claim upon which relief may be granted against Hugg, who is the Director Planning and Inspection for the City of Dover, Delaware, and who is not affiliated with the Building and Inspection Department for the Town of Smyrna, Delaware.
Read the full opinion on CourtListener →

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

(PC) Parrish v. Bugarin · filed 2020-08-19

The statute plainly requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by Plaintiff.
Read the full opinion on CourtListener →

Section 1983 requires proof of each defendant’s personal involvement in the alleged deprivation.

Metcalf f/k/a Heilman v. Burke · filed 2020-08-19

Critical issues in this case include the knowledge and intent of each Defendant and the personal involvement of each Defendant. See e.g., Johnson v. Rimmer, 936 F.3d 695, 710-11 (7th 2019) (Section 1983 claim requires proof of personal involvement).
Read the full opinion on CourtListener →

A § 1983 complaint must identify who allegedly denied the plaintiff’s rights and explain how the named defendant violated federal law.

Nelson v. Fogan · filed 2020-08-19

Nelson has failed to comply with the court’s Order to particularize how the named defendant violated the constitution or federal law, and he did not specify the names of the persons who allegedly denied his rights and subjected him to unconstitutional conditions.
Read the full opinion on CourtListener →

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

HART v. O.F. OBERLANDER · filed 2020-08-19

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 →

A § 1983 damages claim must allege each defendant’s personal involvement in the constitutional deprivation.

Lopez v. Black · filed 2020-08-20

The court also advises Lopez that he must allege the personal involvement of each defendant against whom he asserts a claim for damages under § 1983.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege what each defendant did to cause a deprivation of federal rights.

(PC) Burghardt v. Borges · filed 2020-08-21

The amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal rights.
Read the full opinion on CourtListener →

Section 1983 imposes individual liability for a constitutional deprivation only when the defendant personally participated in it.

Foster v. Chippendale · filed 2020-08-21

Liability for constitutional deprivations brought pursuant to 42 U.S.C. § 1983 attaches only where the individual defendant participated personally in the alleged deprivation.
Read the full opinion on CourtListener →

Section 1983 liability requires a defendant’s personal involvement in causing the claimed injury.

McGrady v. Montgomery County (Maryland) · filed 2020-08-21

McGrady also should specify the “alleged action or inaction” that this individual took or did not take. See Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995) (explaining that liability under § 1983 may attach only upon a showing that a party was personally involved in causing the claimed injury).
Read the full opinion on CourtListener →

Section 1983 requires evidence tying a defendant personally to the challenged decision; committee membership alone does not establish liability for the committee’s decision.

McDaniel v. Larson · filed 2020-08-24

Nor is there evidence supporting the plaintiff’s claim that Larson removed the restriction. Larson is one member of the SNC and could not unilaterally deny the plaintiff’s request. The plaintiff offers nothing to support imputing the SNC’s decision not to approve his lower bunk restriction to Larson alone.
Read the full opinion on CourtListener →

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

Castro v. Baez · filed 2020-08-24

None of the defendants, however, are alleged to work at Northern Correctional Institution. Thus, no defendant is responsible for his conditions of confinement there.
Read the full opinion on CourtListener →

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

Melendez v. Mills · filed 2020-08-24

Liberally construing the allegations as required for pro se litigants, the Court finds that Plaintiff has adequately alleged Mills’ personal involvement and adequately alleged that Mills knew he needed treatment and refused to provide it.
Read the full opinion on CourtListener →

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

Knox v. Butler · filed 2020-08-24

Liability under § 1983 is predicated on a defendant’s personal involvement in the alleged constitutional violation.
Read the full opinion on CourtListener →

Section 1983 liability requires direct personal responsibility for the claimed deprivation of a constitutional right; conclusory allegations of responsibility are insufficient.

Simmons (ID 117440) v. Cline · filed 2020-08-24

Plaintiff has not made anything other than conclusory claims that the other defendants are responsible for the black mold conditions. See Trujillo v. Williams, 465 F.3d 1210, 1227 (10th Cir. 2006)(direct personal responsibility for claimed deprivation of constitutional right must be established for § 1983 liability).
Read the full opinion on CourtListener →

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

Schlueter v. Barnhart · filed 2020-08-25

At bottom, though, any § 1983 claim requires a plaintiff to show that an individual defendant was personally responsible for the alleged constitutional violation.
Read the full opinion on CourtListener →

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

Venable v. Bucklen · filed 2020-08-25

Venable’s complaint fails to allege any facts against or conduct committed by Nurse Bucklen and nothing in Venable’s complaint suggests that Nurse Bucklen was deliberately indifferent to Venable’s medical needs.
Read the full opinion on CourtListener →

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

(PC) Montecastro v. Newsom · filed 2020-08-25

Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff’s rights.
Read the full opinion on CourtListener →

A § 1983 complaint must allege facts describing each defendant’s personal participation in the alleged unconstitutional acts.

Waterman (ID 126456) v. Groves · filed 2020-08-25

Plaintiff should also refer to each defendant again in the body of the amended complaint, where he must allege facts describing the unconstitutional acts taken by each defendant including dates, locations, and circumstances.
Read the full opinion on CourtListener →

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

Rech v. Monroe County · filed 2020-08-25

As Judge Payson correctly noted, Plaintiff fails to allege that Crain or Musso were personally involved in the constitutional violations of which he complains, rendering his allegations insufficient to state a claim against them.
Read the full opinion on CourtListener →

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

Molina v. Harry · filed 2020-08-25

In the amended complaint, Plaintiff continues to fail to allege the personal involvement of any Defendant, ... alleging only that the “Officer in the Control Bubble” controls the lights.
Read the full opinion on CourtListener →

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

(PC) Quair v. HQ · filed 2020-08-26

As plaintiff was previously informed, he must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff’s complaint fails to provide any level of detail as to how the defendants were personally involved in the violations of his rights.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff suing a defendant in an individual capacity to show that the defendant personally participated in the alleged deprivation of rights.

(PC) Hayde v. Zamora · filed 2020-08-26

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 requires a defendant to be personally responsible for the alleged constitutional violation.

WOODS v. BROWN · filed 2020-08-26

The allegations in the complaint do not support a reasonable inference that any other defendant was personally involved in transferring Mr. Woods to GHU. "Only someone personally responsible in a constitutional violation can be held liable under § 1983."
Read the full opinion on CourtListener →

Section 1983 requires allegations identifying what each individual defendant did to cause a constitutional violation.

Williams v. (fnu) Dole · filed 2020-08-26

As for Calloway, Kaboe and the unknown nurse, neither the third amended complaint nor plaintiff’s motion to amend (Doc. No. 26) describes what each of them did or failed to do in violation of plaintiff’s constitutional rights.
Read the full opinion on CourtListener →

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation; alleging an officer’s presence alone is insufficient.

Trotman Junior v. Herod · filed 2020-08-26

While plaintiff alleges that these individuals were present, he does not indicate what involvement they had, if any, in the alleged deprivation of his property. The complaint therefore fails to state a claim against Wilson and Garrett.
Read the full opinion on CourtListener →

Section 1983 requires a defendant’s personal involvement, which may be plausibly alleged through a superintendent’s oversight duties and knowledge of reported inmate attacks.

Carrasco v. Griffin · filed 2020-08-26

Because plaintiff makes plausible allegations about Supt. Griffin’s role in overseeing prison policies and procedures and that he would have known of inmate-on-inmate attacks in the E & F yard based on his review of the unusual incident log, the Court will not dismiss the claim against Supt. Griffin for lack of personal involvement.
Read the full opinion on CourtListener →

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

Harmon v. Prummell · filed 2020-06-02

As to Sheriff Prummell, Plaintiff makes no claims alleging how Sheriff Prummell violated his constitutional rights. Thus, Plaintiff fails to state a cognizable claim under § 1983.
Read the full opinion on CourtListener →

Section 1983 permits liability for a person who indirectly brings about a rights violation by directing others to commit unlawful acts.

Torres v. NYC Police Department · filed 2020-06-18

Citing Second Circuit precedent establishing that “[a] person may be liable in a § 1983 action by bringing about a violation of another’s rights indirectly, that is, by ‘ordering or helping others to do unlawful acts, rather than doing them him – or herself,’” the Report concludes that Torres had plausibly plead “sufficient factual information tending to show that his Fourth Amendment right was violated by McGowan, acting in concert with New York City police officers.” ... But in light of the action’s procedural posture and McGowan’s decision not to file objections, the Court — reluctantly — adopts the Report in its entirety.
Read the full opinion on CourtListener →

Section 1983 liability requires the defendant’s personal involvement.

Myrick, Levi v. Gohde, Jamie · filed 2020-08-27

Although HSU Manager Gohde is even more subject to an inference that “the buck stops here,” the record evidence is sparse as to her personal involvement. See Mitchell v. Kallas, 895 F.3d 492, 498–99 (7th Cir. 2018) (liability under 42 U.S.C. § 1983 requires personal involvement).
Read the full opinion on CourtListener →

Section 1983 requires allegations connecting each individual defendant to particular wrongful actions; general allegations of discrimination are insufficient.

C. Griffin v. UW System Board of Regents · filed 2020-08-27

Nearly all of Griffin’s allegations are generally stated and do not connect individual defendants to particular actions.
Read the full opinion on CourtListener →

Section 1983 requires facts connecting each defendant’s conduct to a deprivation of rights; naming a defendant without alleging misconduct is insufficient.

McFerrin v. Corizon Health Inc. · filed 2020-08-27

Plaintiff has also named Lovelace, Cofield, Goings, and “Medical Director N.E.C.C.” as defendants in this action, and he claims they are liable to him. However, he does not allege that they engaged in any misconduct. ... It is important that plaintiff allege facts explaining what the defendant did to violate his rights. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (citations omitted) (“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”).
Read the full opinion on CourtListener →

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights; a supervisory position alone does not establish liability.

Trotman v. Doe · filed 2020-08-27

A Section 1983 complaint that does not allege the personal involvement of a defendant therefore fails as a matter of law.
Read the full opinion on CourtListener →

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

Staten v. Buchanan · filed 2020-08-28

Because § 1983 makes public employees liable “for their own misdeeds but not for anyone else’s,” Burks v. Raemisch, 555 F.3d 592, 596 (7th Cir.2009), a plaintiff must specifically allege what each individual defendant did (or did not do) to violate his constitutional rights. Staten’s complaint does not do that.
Read the full opinion on CourtListener →

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

(PC) Johnson v. Lozano · filed 2020-08-28

As stated earlier, clear links between specific state actors and specific violations of right are required in order to state cognizable Section 1983 claims.
Read the full opinion on CourtListener →

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

(PC) Burton v. Arya · filed 2020-08-28

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 conduct and the alleged deprivation of rights.

(PC) Hodges v. Seibert · filed 2020-08-28

However, plaintiff has not stated a claim for relief against defendants Brewer, Monroy, and Bevens because he has not connected them to the asserted constitutional violation.
Read the full opinion on CourtListener →

Notes 61951–62100 of 71,725, oldest cases first.

Which of these rulings fit your facts?

Describe your situation under 42 U.S.C. § 1983. Ezel checks it against the cases on this page and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace