42 U.S.C. § 1983

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) Joseph v. Noguchi · filed 2020-08-28

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

Section 1983 imposes individual liability for a defendant’s own conduct, not for others’ acts absent the defendant’s personal involvement.

Tanaka v. Kaaukai · filed 2020-08-28

Kaaukai is only liable for his own conduct; he is not liable for the acts of others absent some personal involvement in those acts.

Section 1983 requires each defendant to have participated in the alleged deprivation of rights; merely responding to a grievance is insufficient.

NEALS v. STROMBERG · filed 2020-08-28

A plaintiff asserting any § 1983 claim against multiple defendants must show that each defendant participated in the alleged deprivation of rights. ... It appears that Defendants Patoe, C. Johnson, and S. Johnson merely responded (or failed to respond) to Plaintiff’s grievances about the incident, and failure to respond to a grievance is not a basis for § 1983 liability.

Section 1983 claims against a supervisory official may proceed when the complaint sufficiently alleges that official’s personal involvement.

MCMILLAN v. COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF CORRECTIONS · filed 2020-08-28

Based on the standard set forth in Rode, Plaintiff’s complaint has alleged the necessary level of personal involvement by the Commissioner for the complaint to proceed beyond this stage.

Section 1983 requires a plaintiff to identify the individuals personally involved in the alleged deprivation of rights and state what each did.

McDaniel v. The People of the City of New York · filed 2020-08-28

Plaintiff must also name as defendants the individuals who were directly and personally involved in the alleged constitutional deprivationand state what each individual did to violate his rights.

Section 1983 requires personal involvement to hold an officer liable for a false arrest.

GRIFFIN v. JOHNSON · filed 2020-08-28

Under both claims, there is no evidence that Sergeant Lowry participated in the arrest or the initiation of charges against Plaintiff.

A § 1983 plaintiff must plead facts showing each defendant’s personal involvement in the alleged wrong.

Arrington v. Gonzalez · filed 2020-08-31

In order to successfully plead a cause of action under 42 U.S.C. § 1983, a plaintiff must articulate “facts that illustrate the defendants’ participation in the wrong alleged.”

Section 1983 requires a plaintiff to allege how each defendant individually caused or personally participated in the claimed deprivation.

(PC) Rood v. Shasta County Jail Medical Staff · filed 2020-08-31

Again, in a Section 1983 action, a plaintiff must allege facts showing how defendants individually caused or personally participated in causing the harm alleged.

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

(PC) Owens v. Banuelos · filed 2020-08-31

The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.

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

(PC) Windham v. State of California · filed 2020-08-31

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; allegations that an officer helped fabricate police reports can satisfy that requirement at the pleading stage.

Baker v. City of Chicago · filed 2020-08-31

Indeed, liability under § 1983 requires personal involvement in a constitutional violation by the defendant. ... Accepted as true, however, they are sufficient to establish each officer’s personal involvement in the alleged due process violation, conspiracy, and failure to intervene.

Section 1983 requires a plaintiff suing defendants in their individual capacities to allege facts showing each defendant’s personal responsibility for the deprivation of rights.

Cross v. Mays · filed 2020-08-31

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.

Section 1983 liability requires proof that each defendant personally participated in the alleged deprivation of rights.

Bynum v. City of Las Vegas · filed 2020-08-31

To establish § 1983 liability, a plaintiff must show that each defendant personally participated in the alleged rights deprivation.

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

Griffin v. Kings County District Attorney's Office · filed 2020-08-31

To succeed in an action for damages pursuant to Section 1983, the plaintiff must show that each named defendant was personally involved in the alleged violation of his constitutional rights.

Section 1983 requires a defendant’s personal involvement in the constitutional violation; awareness of an assault and failure to punish the officer involved do not suffice.

Ruggiero v. Way · filed 2020-08-31

To the extent Plaintiff seeks to hold Browne responsible because he told Browne about the assault and Browne did not punish Way or otherwise remedy the constitutional violation, mere “ knowledge and acquiescence” to unconstitutional conduct, or mere failure to act on a complaint, without more, fails to state a claim against a Section 1983 defendant.

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

Jallow v. City of New York · filed 2020-08-31

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

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

COLON v. ANGLIKOWSKI · filed 2020-08-31

Thus, the Complaint leaves each Defendant without any means to know what personal involvement he or she is alleged to have had in the conduct vaguely described in the Complaint. ... Plaintiff must show personal involvement in the alleged wrongdoing by each defendant.

A § 1983 claim against individual government officials must allege how each defendant’s own actions violated the Constitution.

McGee v. Lawless · filed 2020-09-01

To plead a viable § 1983 claim against individual government officials, McGee must “plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009).

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

Szubielski v. Pierce · filed 2020-09-01

“[A] § 1983 plaintiff must produce evidence supporting each individual defendant’s personal involvement in the alleged violation to bring that defendant to trial.” Jutrowski v. Twp. of Riverdale, 904 F.3d 280, 291 (3d Cir. 2018). Thus, Szubielski’s due process claim regarding the “Remain in SHU” list cannot survive summary judgment.

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

Morales v. Stanton · filed 2020-09-01

Even when viewing the record in the light most favorable to Morales, no reasonable juror could find that Stanton was personally involved in opening Morales’ legal mail outside of his presence.

Section 1983 claims for damages against individual officials require factual allegations connecting their acts or omissions to the alleged harm.

Gillette v. Prosper · filed 2020-09-02

Although Plaintiff alleges, for example, that they were “deliberately indifferent” to Plaintiff’s medical condition, there is no specific allegation of knowledge of Plaintiff’s condition by Prosper and Wilson or what actions they took which demonstrated indifference. Further, there is no showing of causality between acts or omissions on the part of Prosper or Wilson and the harm Plaintiff allegedly suffered.

Section 1983 requires facts showing a defendant’s personal involvement in or direct responsibility for the alleged deprivation of rights.

Hayes v. Daniel · filed 2020-09-02

“Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights. To establish personal liability on the part of a defendant, [the plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of [his] constitutional rights.” ... Thus, Plaintiff has failed to state facts showing that Defendants Lee and Richard had any personal involvement in the alleged constitutional violations.

Section 1983 requires a defendant’s personal involvement in an alleged rights violation to state a claim against that defendant.

Sekerke v. Olsen · filed 2020-09-02

To the extent Plaintiff intended to raise a claim based on the allegations of excessive use of force when his arm was twisted, he has not named as a Defendant anyone who was involved in that incident and as such has not stated a § 1983 claim based on that incident.

Section 1983 requires a complaint to allege each defendant’s personal involvement in the claimed violation of federal rights.

Fetterman v. Peek · filed 2020-09-02

A complaint must allege each defendant’s personal involvement with the alleged violation of federal rights. ... Fetterman asserts no specific claims against Defendants Stewart and White, and fails to identify any specific actions taken by either defendant. The Court will dismiss defendants Stewart and White.

A § 1983 claim may proceed when the record creates a factual dispute over whether the defendants personally committed the alleged retaliatory acts.

Brown 884273 v. Davis · filed 2020-09-02

However, the Magistrate Judge properly relied on the evidence of record, including Plaintiff’s allegations in his verified summary judgment motion in concluding that an issue of fact exists as to whether Davis and Davids subjected Plaintiff to retaliatory acts (R&R, ECF No. 42 at PageID.441).

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

Grazette v. Rockefeller · filed 2020-09-02

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

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

Cotton v. Damiter · filed 2020-09-02

As such, the Court will dismiss Defendants Newberry, O’Kane, and Meintel for lack of personal involvement.

Section 1983 requires each defendant’s liability to be assessed based on that defendant’s own actions; officers who only relied on a false registry listing are not liable for publishing it.

Hart v. Hillsdale Cty., Mich. · filed 2020-09-03

We do note that with Hart’s other constitutional claims, “[e]ach defendant’s liability must be assessed individually based on his own actions.” Binay, 601 F.3d at 650. Hart’s complaint alleges that two of the County Defendants—Wahtola and Leva—required him to register, thereby publishing his (incorrect) status. Hart alleges that the remaining City and County Defendants—Parker, Rathbun, and Holtz—wrongfully, even recklessly, relied on that registration. But he does not implicate them in the publication itself. On remand, Hart may pursue his defamation claim against Defendants Wahtola and Leva (and, to the extent found to be warranted, the other defendants who are not parties to this appeal). We dismiss the defamation claim against Parker, Rathbun, and Holtz.

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

(PC) Martinez v. Brown · filed 2020-09-03

To state a claim under section 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.

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

Rodriguez v. Baker · filed 2020-09-03

Accordingly, to successfully state a claim, the plaintiffs must show that each defendant was personally involved in the alleged unreasonable searches and seizures.

Section 1983 requires personal involvement for individual liability; an officer’s mere presence at the scene is insufficient.

Lopez v. Baker · filed 2020-09-03

Accordingly, to successfully state a claim, the plaintiffs must show that each defendant was personally involved in the alleged unreasonable searches and seizures.

Section 1983 does not impose liability on a defendant solely for denying a prisoner’s grievance.

Johnson 753595 v. Dixon-Ingalls · filed 2020-09-03

Such an allegation does not even support a claim against Defendant Barnes, Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999) (holding that denying a grievance does not create liability under § 1983), much less demonstrate that Defendant Barnes is placing Plaintiff in imminent danger of serious physical injury.

Section 1983 requires allegations showing each individual defendant’s own misconduct; collective allegations against several defendants do not establish each defendant’s liability.

Clark v. Phelps County · filed 2020-09-03

In a 42 U.S.C. § 1983 case, persons named as the defendants “are personally liable only for their own misconduct.” ... Plaintiff, however, tends to group Defendants together and then make allegations against them collectively. ... This is not sufficient to state a claim against each of those Defendants or to give each of those Defendants notice of the nature of the claim against them.

Section 1983 requires allegations of each defendant’s personal participation, and the court found those allegations sufficient at the pleading stage.

Estate of John David Dellinger v. Bryant · filed 2020-09-03

In her Report, the Magistrate Judge first rejects Defendants’ general argument that Plaintiff failed to allege the personal participation of each individual Defendant. No party has objected to this finding, and the Court finds no error in the Magistrate Judge’s analysis in this regard.

Section 1983 requires a defendant’s personal involvement in or direct responsibility for the alleged violation.

Hines v. Kaemingk · filed 2020-09-03

Section “1983 liability requires personal involvement in or direct responsibility for actions resulting in [the] violation.” ... Hines does not assert facts to support that Brandt and the SDDOC defendants were personally involved in denying him access to his judicial records, thus, this claim against them is dismissed under 28 U.S.C. §§ 1915(e)(2)(B)(i-ii) and 1915A(b)(1).

Section 1983 requires a damages plaintiff to plead facts showing each defendant’s personal involvement in the alleged constitutional deprivation.

Alke v. Adams · filed 2020-09-04

In its August 9, 2017 order, the lower court correctly dismissed Alke's medical indifference claims against defendants-appellees Brian Fischer, the commissioner of the Department of Corrections and Community Supervision ("DOCCS"); Steven Racette, a DOCCS superintendent; and Dr. Vonda Johnson, Clinton's facility health services director, because Alke failed to plead sufficient facts indicating that they were personally involved in treating his back injury.

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

(PC) Fratus v. Dayson · filed 2020-09-04

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

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

FRAZIER v. ELLIS · filed 2020-09-04

Frazier may have a claim that he was forced to work on his off days in retaliation and for purposes of causing him pain, but he does not allege specifically which defendants were responsible for scheduling him to work. He has therefore failed to assert that any of the defendants are personally responsible for these alleged actions.

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

Spearman 320836 v. Williams · filed 2020-09-04

The Magistrate Judge set forth the applicable authority for establishing a conspiracy claim and properly concluded that absent any personal involvement by Defendant Youngert in increasing Plaintiff’s security classification, the alleged unconstitutional behavior, “there is no basis to impose liability on him for the alleged violation” (R&R, ECF No. 78 at PageID.682; citing Rizzo v. Goode, 423 U.S. 362, 371 (1976)).

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

Jones v. Parrish · filed 2020-09-08

In order to survive summary judgment fora claim under 42 U.S.C. § 1983, a plaintiff must “affirmatively show[] that the official charged acted personally in the deprivation of the plaintiff’s rights.” Wright v. Collins, 766 F.2d 841, 850 (4th Cir. 1985) (quoting Vinnedge v. Gibbs, 550 F.2d 926, 928 (4th Cir. 1977)).

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

Kleinfelt v. Gilbert · filed 2020-09-08

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. ... Because Plaintiff fails to allege facts to support that any other Defendants were involved, including how, Plaintiff’s remaining allegations against unspecified Defendants will be dismissed.

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

(PC) Myers v. CDCR · filed 2020-09-08

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

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

(PC) Hernandez v. California Department of Corrections · filed 2020-09-08

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

Section 1983 requires a defendant’s personal involvement in, or causal connection to, the alleged constitutional deprivation.

Shafer v. Collier · filed 2020-09-08

Likewise, although Plaintiff complains of the conditions of confinement at the Skyview Unit, he does not allege that either Dingas or Pace, who are located at the Coffield Unit, had any personal involvement with or causal connection to such conditions.

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

Scales v. Piccolo · filed 2020-09-09

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.

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

Thomas v. Chu · filed 2020-09-09

In fact, while Plaintiff generally attributes the failure to renew his Boost supplements to all three of these parties, see Compl. at 3, ECF No. 4 at 13‒14, he includes no further facts which plausibly suggest any of them were actually aware of or responsible for authorizing such a renewal.

An individual-capacity claim under Section 1983 requires each defendant’s personal participation in the alleged deprivation of rights.

McElroy v. Juarez · filed 2020-09-09

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

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

Haslinger v. Westchester County · filed 2020-09-09

In general, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Here, Plaintiff has failed to establish the individual Aramark Defendants’ personal involvement in the alleged constitutional violations.

Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged violation; vicarious liability does not apply.

PAULSON v. BURKE · filed 2020-09-09

Indeed, “[b]ecause vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”

Section 1983 requires a plaintiff to identify a defendant who personally participated in depriving the plaintiff of a federal constitutional right.

(PC) Nance v. Unknown · filed 2020-09-10

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.

Section 1983 does not impose liability on a warden who had no personal involvement in the alleged constitutional violation.

Waddell v. Eastern Correctional Institution · filed 2020-09-10

Accordingly, where Warden West had no personal involvement in the medical decisions, and was not even the supervisor of any of the medical personnel, he cannot be found liable under § 1983 for a constitutional violation.

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

Aurel v. Hallworth · filed 2020-09-10

Notably, § 1983 requires a showing of personal fault based upon a defendant’s own conduct.

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

Joseph v. Ricketts · filed 2020-09-10

The named Defendants in this action are the Governor of Nebraska, the Douglas County Attorney, and Douglass [sic] County, but none of these Defendants are alleged to have been involved in the removal, care, or placement of Plaintiff’s children. ... Plaintiff's Complaint fails to state a claim upon which relief may be granted under 42 U.S.C. § 1983, and is therefore subject to dismissal under 28 U.S.C. ' 1915(e)(2).

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

Marraccini v. Belmont · filed 2020-09-10

Moreover, Section 1983 liability cannot be predicated on a theory of respondeat superior. See City of Canton v. Harris, 489 U.S. 378, 385 (1989). ... Accordingly, plaintiff fails plausibly to plead Malfitano’s or Sciliano’s personal involvement in an alleged constitutional violation, and his claims must be dismissed inasmuch as they are alleged against these two defendants.

A § 1983 plaintiff must allege how each defendant personally participated in the constitutional violation; employment or supervisory status alone is insufficient.

Greer v. Stitt · filed 2020-09-10

Plaintiff must go further and state how the named defendant’s personal participation violated his constitutional rights.

Section 1983 does not impose vicarious liability; a defendant must be personally involved in the alleged wrong.

GONDOR v. CHITWOOD · filed 2020-09-10

Vicarious liability does not apply in a § 1983 action.

Section 1983 requires a plaintiff to show the defendant’s personal involvement to impose individual-capacity liability.

SMITH v. LOYSVILLE YOUTH DEVELOPMENT CENTER · filed 2020-09-10

To impose Section 1983 liability against a state actor in an individual capacity, a plaintiff must demonstrate that the individual defendant was personally involved in the alleged constitutional violation.

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

DAVIS v. NEW ALBANY, INDIANA POLICE DEPT · filed 2020-09-11

To succeed in his claim against Shultz and Korte, Davis must first establish that each officer either participated in his arrest or caused his arrest. ... Korte is entitled to summary judgment in his favor as a matter of law because the undisputed evidence shows he did not participate in or cause Davis’ arrest.

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

Glenn-El v. Fluharty · filed 2020-09-11

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.

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

Gonsalez v. Amsberry · filed 2020-09-12

Liability under § 1983 must be based on a defendant’s personal participation in the alleged deprivation of constitutional rights. ... Gonsalez fails to present evidence Amsberry and Dr. Beamer were personally involved in the Incident or in any constitutional violations resulting therefrom.

Section 1983 individual-capacity liability requires the defendant’s personal involvement in the alleged wrongdoing.

Turner v. Watson · filed 2020-09-14

Regarding Turner’s claims arising from a delay in sending him to a hospital when he exhibited serious symptoms, we agree with the district court that his individual-capacity claims fail, as the record shows that none of the named defendants were involved in the delay.

A § 1983 complaint alleging wrongful conditions of confinement must identify defendants responsible for those conditions.

(PC) Brown v. United States · filed 2020-09-14

In any event, plaintiff again names as defendants the United States and FBI agent Veltri; thus, the proposed amendment fails to name individuals responsible for the alleged wrongful conditions of his confinement.

An individual-capacity claim under Section 1983 requires each defendant to have personally participated in the deprivation of rights.

(PC) Cyprian v. Constable · filed 2020-09-14

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate ... that each defendant personally participated in the deprivation of his rights. ... Because there are no claims against the putative Doe defendants, they will be ... disregarded.

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

JACKSON v. MADISON COUNTY COMMUNITY JUSTICE/WORK-RELEASE CENTER · filed 2020-09-14

Next, "[i]ndividual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." ... Mr. Jackson makes no factual allegations against Ms. Baker or Sheriff Mellinger to establish that they were involved in the alleged constitutional deprivation. All claims against Ms. Baker and Sheriff Mellinger are therefore dismissed for failure to state a claim upon which relief can be granted.

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

BOWLING v. BROWN · filed 2020-09-14

Mr. Bowling's claims against Superintendent Richard Brown, Assistant Superintendent Frank Littlejohn, K. Hobson, and Amy Wright are dismissed for failure to state a claim upon which relief can be granted. "Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation."

Section 1983 requires a complaint to identify each defendant’s acts or omissions that caused the plaintiff harm.

Johnson v. Lindamood · filed 2020-09-14

The Magistrate Judge found that the Complaint did not identify any actions or omissions by Lindamood or Deatherage that caused Plaintiff harm and recommended dismissal of the claims against them. ... For the reasons stated above, Defendant Stanley Wilbanks’s Objections to the Report and Recommendation are OVERRULED and the Report and Recommendation (Doc. No. 93) is ADOPTED.

Section 1983 imposes liability for a constitutional violation only on defendants who personally participated in it.

Brightwell v. Warden of MCI-J · filed 2020-09-15

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

Section 1983 requires a defendant to participate in the conduct that caused the alleged constitutional deprivation.

Stegemann v. Rensselaer County Sheriff's Office · filed 2020-09-15

Defendant Subsurface must have participated in that search to be liable for any deprivations of his constitutional rights that Plaintiff suffered.

Section 1983 requires a defendant’s personal involvement in the alleged misconduct; responding to a grievance after the event does not establish that involvement.

Flick v. Miller · filed 2020-09-15

Importantly, individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct.

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

(PC) Hampton v. Wong · filed 2020-09-16

The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.

Section 1983 requires personal involvement in a constitutional deprivation; signing off on a disciplinary report alone is insufficient.

Jefferson v. Kessler · filed 2020-09-16

Signing off on a disciplinary report does not rise to the level of personal involvement necessary for liability to attach.

Section 1983 requires a plaintiff suing a sheriff individually to allege the sheriff’s personal involvement in the deprivation of federal rights.

Durden v. Bouchard · filed 2020-09-16

The same allegation fails to state a claim against the sheriff in his individual capacity, because it does not describe any personal involvement by Bouchard in the alleged deprivation of Plaintiff’s civil rights.

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

Perez v. The State of New York · filed 2020-09-16

In this Circuit, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995) (quotation marks omitted) (on supervisory liability) (see Docket No. 68, Defs. Memo. at 3); Shomo .v City of N.Y., 579 F.3d 176, 184 (2d Cir. 2009); Wright v Smith, 21 F.3d 496, 501 (2d Cir. 1994).

Section 1983 requires a defendant’s personal involvement in the alleged violation; investigating or denying a grievance after the event does not establish it.

Pettis v. Everhart · filed 2020-09-16

The complaint fails to allege any personal involvement whatsoever by Lieutenant Vance or Assistant Chief Grievance Officer Moore. It is well-settled that if a prison official’s only involvement is investigating or ruling on an inmate’s grievance after the incident giving rise to the grievance has occurred, there is no personal involvement on the part of that official.

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

(PC) Haines v. County of Sacramento · filed 2020-09-17

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

Section 1983 requires a complaint to allege each defendant’s involvement and an affirmative link between that defendant’s actions and the claimed deprivation.

(PC) Brownlee v. Hubbard · filed 2020-09-17

The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.

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

Rhoades v. Jeffreys · filed 2020-09-17

But he fails to allege any personal involvement of Wills or Jeffreys in the decision to deny Plaintiff access to the showers. He only alleges that Sergeant Mercer ordered that he be denied showers. Because Plaintiff fails to allege any personal involvement by Wills and Jeffreys, the claims against them are DISMISSED without prejudice.

Section 1983 requires a defendant’s personal participation; generic allegations about defendants as a group are insufficient.

Winn v. Dzurenda · filed 2020-09-17

A defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.”

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

EDWARDS v. RICE · filed 2020-09-17

It is also not clear if Ms. Rice was personally involved in all of the events that seem to be at issue in Mr. Edwards’s Amended Complaint. In sum, Mr. Edwards has not alleged a plausible basis for a constitutional violation, nor has he plausibly alleged that Ms. Rice’s actions or inactions caused him harm; his Amended Complaint suffers from the same deficiencies as his initial Complaint.

Section 1983 does not impose liability on prison officials who deny grievances but did not cause or participate in the underlying misconduct.

May v. Heschke · filed 2020-09-18

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

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

(PC) Hearne v. Farhat · filed 2020-09-18

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

Section 1983 does not impose liability on an official who reviews an inmate appeal after the alleged violation has ended, when the official could no longer prevent it.

Williams v. Conway · filed 2020-09-18

As the Court explained, there is no due process right to have an inmate appeal processed or decided properly, and there is no liability for the allegedly unconstitutional condition if that condition has ended before the prison official decides the inmate appeal because the prison official is not in a position to avert the constitutional violation.

Section 1983 requires a defendant’s personal involvement; it does not impose liability solely for another person’s conduct.

Strack v. Internal Revenue Service · filed 2020-09-18

A § 1983 claim requires personal involvement on the part of the defendant, as there is no respondeat superior liability for these claims.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to support an individual-capacity damages claim.

Edwards v. Touchette · filed 2020-09-21

With regard to Plaintiff's claim for monetary damages against Defendant Baker in his individual capacity, the Magistrate Judge correctly concluded that Plaintiff failed to ... allege that Defendant Baker was personally involved in the alleged constitutional violations. See Spavone v. N.Y. State Dep’t of Corr. Servs., 719 F.3d 127, 135 (2d Cir. 2013) (“It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”) (internal quotation marks omitted).

Section 1983 requires a plaintiff to allege a distinct act by an individual defendant that caused the plaintiff harm.

Peterson v. Inslee · filed 2020-09-21

Judge Fricke explicitly informed Peterson of the five categories of allegations necessary to state a claim under § 1983. Dkt. 4 at 5. Peterson failed to abide by these instructions by failing to allege a distinct act by an individual that caused Peterson harm.

Section 1983 requires personal participation to hold a warden liable for a deprivation of constitutional rights when the warden did not supervise the medical staff.

Resper v. Wexford Medical Services · filed 2020-09-21

Particularly where Warden Graham was not the supervisor of any of the medical personnel, he can be found liable pursuant to 42 U.S.C. § 1983 only if he participated personally in the deprivation of constitutional rights.

Individual-capacity liability under § 1983 requires the defendant’s personal participation in the alleged denial of rights.

Woodward v. Davis · filed 2020-09-21

For a defendant to be held liable under § 1983 in his or her individual capacity, the plaintiff must demonstrate that the defendant personally participated in the alleged denial of rights.

Section 1983 requires personal involvement to hold an individual defendant liable; evidence of involvement in the challenged discipline can preclude summary judgment.

Hunnicutt v. Moore · filed 2020-09-21

Based on the Martinez report and the Complaint, there is evidence in the record to support a finding that Brodie and Beaird were personally involved in the disciplinary proceedings. Summary judgment, therefore, is not appropriate.

Section 1983 requires a damages defendant to be personally involved in the alleged constitutional violation; an officer’s role in supplying false information for a search warrant can satisfy that requirement at the pleading stage.

Flagg v. N.Y.S. Division of Parole · filed 2020-09-21

The Court finds that Plaintiff has stated enough to allow the case to go forward on the theory that P.O. Saben was personally involved in obtaining the search warrant based upon a false representation supporting probable cause.

Section 1983 requires evidence that each defendant was personally involved in the alleged constitutional violation.

Bobbit v. Correctional Sergeant Dean Rebideau · filed 2020-09-21

Rather, to defeat Defendants’ motion for summary judgment, she must produce evidence that shows that each Defendant, individually, was personally involved in the alleged unconstitutional action.

A § 1983 complaint must allege facts connecting the named defendant to the claimed deprivation of rights.

Frazier v. Winston · filed 2020-09-22

Despite being given the opportunity to amend his complaint, Frazier fails to allege any facts against or conduct committed by defendant Winston.

Section 1983 does not make an investigator liable for arrest and prosecution decisions made by others without facts connecting him to those decisions.

DelFuoco v. Richard Tracy1 · filed 2020-09-22

She does not allege, however, that Tracy, who is an investigator and not a police officer or a prosecutor, arrested or prosecuted her. Those decisions were made by others. DelFuoco has not shown that Tracy is liable for the decisions to arrest and prosecute her.

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

(PC) Stephen v. Tileston · filed 2020-09-22

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

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

Grillo v. Metropolitan Water Reclamation District of Greater Chicago · filed 2020-09-22

Finally, Grillo’s equal protection claim cannot satisfy § 1983’s requirements for personal liability because Grillo cannot show McNamara and Douglas were personally involved in the alleged constitutional deprivation.

Section 1983 requires allegations connecting each individual defendant to a deprivation of federal rights.

Wesley v. Ascension Parish · filed 2020-09-22

These allegations do not remedy the deficiencies in the original Complaint. Foremost, these allegations do not set forth any possible Section 1983 claims against Dawson and Hysell.

Section 1983 requires factual allegations connecting each individual defendant’s conduct or knowledge to the alleged deprivation.

Hall v. State of Maryland · filed 2020-09-22

Plaintiffs also fail to present any factual allegations that adequately connect any alleged tortious actions or relevant knowledge with any individual Defendant.

Section 1983 requires a basis for holding a defendant personally liable for the challenged conduct; an investigator is not liable for arrest and prosecution decisions made by others without allegations connecting him to those decisions.

DelFuoco v. NH Attorney General · filed 2020-09-22

She does not allege, however, that Tracy, who is an investigator and not a police officer or a prosecutor, arrested or prosecuted her. Those decisions were made by others. DelFuoco has not shown that Tracy is liable for the decisions to arrest and prosecute her.

Section 1983 requires a plaintiff seeking damages to allege each defendant's personal involvement in the claimed wrongdoing.

Hill v. LaClair · filed 2020-09-22

In this case, the amended complaint is devoid of any non-conclusory allegations which plausibly suggest that any of the named defendants were personally involved in any wrongdoing. ... For this reason alone, plaintiff's Section 1983 claims against the named defendants must be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted.

Section 1983 requires evidence of each defendant’s personal involvement in the alleged wrong; membership on a prison review committee alone is insufficient.

Talley v. Wetzel · filed 2020-09-22

A defendant’s membership on the PRC is not by itself sufficient to establish his personal involvement in an alleged wrong.

Section 1983 requires a plaintiff to identify each defendant’s conduct that caused the deprivation of a federal right.

Tiatia v. Nawaz · filed 2020-09-23

As currently pled, plaintiff’s allegations fail to make clear what action by which defendant at what time caused a violation of plaintiff’s federal civil rights.

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

STEVENS v. DICKEY · filed 2020-09-23

In addition to the overall failure of the Second Amended Complaint to state a viable access- to-courts claim, the Court notes that it also fails to allege the personal involvement of Defendant Perry, a Unit Manager at SCI-Forest.

A government official sued in an individual capacity under § 1983 must personally participate in the alleged violation; respondeat superior alone does not establish liability.

King v. Burton · filed 2020-09-23

Next, as to Defendant Stirling, the Magistrate Judge noted that any respondeat superior claims fail as a matter of law because personal participation of a defendant is a necessary element of a § 1983 claim against a government official in his individual capacity. ... In all, the Court finds that the Magistrate Judge fairly and appropriately summarized the facts and applied the correct principles of law, and the Court finds that Plaintiff’s objections fail to point to any legal or factual error in the Magistrate Judge’s analysis.

Section 1983 does not impose liability for deliberate indifference to medical needs based solely on a defendant’s denial of a prisoner’s grievance.

Christy v. Lindamood · filed 2020-09-23

Under the law of the Sixth Circuit, Defendant Williams’ personal involvement in the denial of Plaintiff’s grievances is not enough to hold him liable under Section 1983 for deliberate indifference to medical needs.

Section 1983 requires allegations showing that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Quair v. HQ · filed 2020-09-24

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. For this reason alone, plaintiff’s complaint is subject to dismissal.

Section 1983 requires facts tying an individual defendant’s own conduct to the deprivation of federal rights; conclusory allegations do not establish personal liability.

M.M. v. San Juan Unified School District · filed 2020-09-24

However, these conclusory assertions, without more, are insufficient to state a claim for liability pursuant to § 1983.

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

(PC) Kononov v. Sacramento Count/City Main Jail · filed 2020-09-24

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.

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

(PC) Bland v. Messinger · filed 2020-09-24

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

Section 1983 imposes individual liability only when a person caused or participated in a constitutional deprivation.

Ogunleye v. Bedolla · filed 2020-09-24

Section 1983 creates a cause of action based on personal liability and predicated on fault, so, to be held liable, an individual must have caused or participated in a constitutional deprivation.

Section 1983 requires a plaintiff to identify an individual defendant’s role in the alleged violation; a generic reference to medical staff is insufficient.

Sloat v. Benzing · filed 2020-09-24

Plaintiff’s reference to a potentially large, nebulous group of individuals is insufficient to state a claim against any particular individual under Section 1983.

Section 1983 requires a plaintiff to allege facts showing each defendant’s personal responsibility for the alleged violation; allegations against defendants as a group are insufficient.

Edmonds v. Corizon, LLC · filed 2020-09-24

It is not enough for plaintiff to make general allegations against all the defendants as a group.

Section 1983 requires a defendant to have personally and directly violated the plaintiff’s constitutional rights.

Brooks v. Lewis · filed 2020-09-24

Defendant may not be found liable under § 1983 unless he personally and directly violated plaintiff’s constitutional rights.

Section 1983 does not impose liability on a defendant for a delay in medical treatment caused by other staff when she scheduled the plaintiff’s appointments.

Callaway v. Morris · filed 2020-09-24

The delay Mr. Callaway experienced in receiving medical treatment for his knee injury cannot be attributed to defendant Willie Knighten, as the delay arose entirely out of the decision by correctional staff not to transport Callaway for his scheduled medical appointments.

Section 1983 requires evidence that each defendant personally participated in the alleged deprivation of rights; merely receiving a letter does not establish personal involvement.

WILLIAMS v. LEE · filed 2020-09-24

It is well-settled that a Section 1983 plaintiff cannot prevail unless he can demonstrate that “each and every defendant was ‘personal[ly] involve[d]’ in depriving him of his rights.” ... In the absence of any evidence that either Defendant played an affirmative role in the alleged misconduct, Dietrich and Swattler are each entitled to summary judgment.

Section 1983 requires a plaintiff seeking damages to establish that each defendant was personally responsible for the deprivation of a constitutional right.

Robinson v. Crouther-Tole · filed 2020-09-25

“To recover damages under §1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.” ... There is nothing in the record to indicate that any of the named defendants knew that the plaintiff needed to use the bathroom or had soiled herself.

Section 1983 requires each defendant’s personal involvement in the alleged constitutional violation; conducting the challenged hearing or placing the plaintiff in segregation can satisfy that requirement.

Gadsden v. County of San Diego · filed 2020-09-25

Plaintiff plausibly alleges Defendant Gehris personally participated by holding the “fraudulent” disciplinary hearing, Defendant McGrath personally participated by placing him in the SHU based on false charges in retaliation for asking fora complaint form.

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

Gopal v. University of Connecticut · filed 2020-09-25

Although not addressed directly in this ruling elsewhere, the Court also rejects Defendants’ arguments regarding the absence of personal involvement by any or all of the Defendants in the alleged constitutional violations. Defendants rightly cite relevant precedent, such as the Second Circuit’s decades old (and still good law) holding that there must be factual allegations of “personal involvement of [the defendants] sufficient their liability for wrongful acts,” not merely their “linkage in the . . . chain of command.”

Section 1983 permits liability when an officer is an integral participant in a deprivation, even if the officer does not personally take the property.

Hollandsworth v. City and County of Honolulu · filed 2020-09-25

Even though it was Defendant Wolfram—not Defendant Lum—who ultimately drove away with the horse, these facts are sufficient to plausibly allege that Defendant Lum was an integral participant in the seizure.

A § 1983 complaint can satisfy the personal involvement requirement by alleging that the defendants themselves prevented staff from providing substitute food.

Davis v. Hassel · filed 2020-09-25

Though Mr. Davis has addressed the defendants’ personal involvement, the court still cannot characterize a minor, temporary deviation from the regular menu caused by delivery issues as a condition that amounts to punishment.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; ordering subordinates to commit the unlawful acts can satisfy that requirement.

Haywood v. Annucci · filed 2020-09-25

Drawing all reasonable inferences in Plaintiff’s favor, it is plausible that Blot ordered the assaults that immediately followed his warning to Plaintiff and his whispering to Wahlquist. Such an order, of course, suffices to establish Blot’s personal involvement in these assaults.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged rights violation to support an individual-capacity claim.

Phoenix v. Amonette · filed 2020-09-28

First, as to defendants Clarke, Amonette, and Oates, Jamison has failed to allege facts showing that they were personally involved in any violation of his rights. See supra note 10. Thus, the claims against them fail for this reason.

Section 1983 imposes personal liability only when a defendant caused or participated in a constitutional deprivation.

Curtis v. Arndt · filed 2020-09-28

The plaintiff cannot state a claim against the State defendants for the conditions of his confinement at Genesis. The long-settled rule is that “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.” Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996). The State employees are not liable for the Genesis employees’ alleged misconduct.

Section 1983 requires allegations connecting the defendant or a policy attributed to him to the claimed constitutional injury.

(PC) Garcia v. Jones · filed 2020-09-28

Thus, to the extent the blame for the delay is assigned to jail medical staff, it is unclear how Sheriff Jones or the policy attributed to him have any culpability in the injury alleged.

A Section 1983 complaint must identify defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Florence v. Beards · filed 2020-09-28

Moreover, within each claim, it is impossible to apportion responsibility between the numerous listed defendants. ... He is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.

Section 1983 requires allegations that each defendant personally participated in a substantial way in the deprivation of constitutional rights.

(PC) Hernandez v. Weiss · filed 2020-09-28

The complaint contains no factual allegations against defendant Smith, and thus plaintiff’s claims against Smith must be dismissed with leave to amend. ... The court cautions plaintiff that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.

Section 1983 requires a plaintiff seeking to hold an individual defendant liable to show that the defendant’s actions actually and proximately caused the deprivation of a federally protected right.

Reed v. California Department of Corrections · filed 2020-09-28

Liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the plaintiff can show that the defendant’s actions both actually and proximately caused the deprivation of a federally protected right.

Section 1983 may impose liability on a prison official who fails to respond to a constitutional violation reported through a grievance, but denying a grievance alone does not establish liability.

Stubbs v. Cunningham · filed 2020-09-28

With regard to his handling of grievances, the Court finds it is well settled that while a prison official may be held liable under § 1983 for failing to respond to violations of an inmate’s constitutional rights that come to his attention via the grievance process, see Vance v. Peters, 97 F.3d 987, 993 (7th Cir. 1996), merely ruling against an inmate on a grievance does not impute liability to a prison official.

Section 1983 requires an individual official’s personal involvement in the alleged constitutional violation, and disputed facts about that involvement can preclude summary judgment.

McNichol v. Falco · filed 2020-09-28

Simply put, in view of the evidence mentioned above and herein, material issues of fact preclude a determination that, as a matter law, Sheriff Falco was not personally involved in allegedly unconstitutional conduct.

Section 1983 does not impose liability on prison officials whose only roles are denying grievances or failing to remedy alleged misconduct.

Quinn v. Retort · filed 2020-09-28

Prison officials whose only roles “involve the denial of administrative grievances or the failure to act” to remedy the alleged unconstitutional behavior cannot be liable under § 1983.

Section 1983 requires a defendant to be personally responsible for the alleged violation of a plaintiff’s rights.

Mason v. Manlove · filed 2020-09-29

Section 1983 requires that a defendant be personally responsible for the violation of a plaintiff’s rights.

Section 1983 liability depends on each defendant’s personal knowledge and actions; it does not impose vicarious liability.

Rosneck, Karen v. Evers, Tony · filed 2020-09-29

But the statute does not establish a system of vicarious responsibility: liability depends on each defendant’s personal knowledge and actions.

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

(PC) Cresci v. Perkins · filed 2020-09-29

Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff’s rights.

Section 1983 requires factual allegations linking each defendant to a constitutional violation; speculation and conclusory allegations are insufficient.

Witczak v. Lozano · filed 2020-09-29

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

Personal-capacity liability under Section 1983 requires the defendant’s personal involvement in the deprivation of a constitutional right.

Salinas v. Hodge · filed 2020-09-29

It is true that personal-capacity liability under Section 1983 depends on a defendant’s personal involvement in the deprivation of a constitutional right.

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

Jones v. Cuomo · filed 2020-09-29

She correctly argued that “[t]he personal involvement of a defendant in an alleged constitutional deprivation is a prerequisite to liability for damages under § 1983,” citing to applicable law. ... Having now reviewed Fallon’s motion to dismiss and Magistrate Judge Hummel’s thorough analysis, the Court concludes that the claim does not survive because Plaintiff has failed to plausibly allege that Fallon was personally involved in any constitutional violation.

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

Mateo v. Westchester County · filed 2020-09-29

In order to establish individual liability under § 1983, a plaintiff must plead the personal involvement of every individual defendant.

Section 1983 does not make prison officials liable merely for denying a grievance or failing to remedy a subordinate’s alleged unconstitutional conduct.

Anderson v. Hairabedian · filed 2020-09-29

Prison officials are not liable under § 1983 simply because they denied a grievance or failed to remedy a subordinate’s alleged unconstitutional conduct.

Section 1983 requires a supervisor’s personal involvement in the alleged violation; participation in a grievance appeal alone is insufficient.

HOOPSICK v. OBERLANDER · filed 2020-09-29

Because Hoopsick’s claims against Oberlander are based entirely upon his participation in the administrative grievance appeal process, those claims must be dismissed, with prejudice.

Section 1983 requires facts linking an individual defendant’s conduct to the alleged constitutional violation.

Monegain v. Commonwealth of Virginia Department of Motor Vehicles · filed 2020-09-30

Because Monegain fails to state a causal connection between Thorpe’s conduct and any adverse action taken against Monegain, the Court will dismiss Count IV against Thorpe without prejudice and allow Count IV to proceed against Hussey and Baxter.

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

Taylor v. Ely · filed 2020-09-30

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

Section 1983 limits liability to defendants personally responsible for a constitutional deprivation.

Bowen v. Bredemann · filed 2020-09-30

Liability under §1983 is limited to employees who are personally responsible for depriving a plaintiff of a constitutional right.

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

(PC) Monson v. Melkonian · filed 2020-09-30

A plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... There is no evidence suggesting that Defendant left the door to B Pod open.

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

Wilson v. Johnson · filed 2020-09-30

Personal liability under § 1983 must be based on personal involvement in the alleged constitutional violation. ... Therefore, Plaintiff’s Eighth Amendment excessive force claim against Defendant Wilda is dismissed without prejudice.

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

Hemingway v. Whidden · filed 2020-09-30

“It is well settled . . . that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... These allegations, alone, are insufficient to establish personal liability against Emma and Cheesit for a Fourteenth Amendment due process violation.

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

ROWE v. ZATECKY · filed 2020-09-30

Because the undisputed evidence shows that Ms. Gipson had no personal involvement in Mr. Rowe’s medical care, she cannot be liable for any alleged constitutional deprivation.

Section 1983 requires facts showing a defendant’s personal involvement or responsibility in the alleged constitutional wrongdoing; approving a report that restricted the plaintiff’s association was sufficient to plead a claim.

Mason v. Johnston · filed 2020-09-30

As such, Mason has pleaded facts alleging that both Carey and Gordon personally instituted MSOP policies, which had the effect of curtailing his freedom to associate with Keinanen. Accordingly, the Court finds that Mason states plausible § 1983 claims against Carey and Gordon.

Section 1983 permits an excessive-force claim against individual officers when the record identifies each officer’s allegedly excessive conduct, even if the complaint describes them collectively.

Black v. Simmons · filed 2020-09-30

However, while the facts as alleged by Plaintiff in the Complaint refer to Defendants as a “collective whole,” the undisputed facts establish the force alleged to be excessive and the defendant officer who engaged in such conduct.

Section 1983 requires an individual defendant to have personal involvement in the alleged wrongdoing.

HALL v. CITY OF PHILADELPHIA LAW DEPARTMENT · filed 2020-09-30

It is well-settled that in order for an individual to be liable for a claim brought under § 1983, the individual defendant must have had some personal involvement in the wrongdoing. ... Here, Plaintiff has not proffered any evidence to demonstrate any personal involvement on the part of Defendants Druding, Falcone, Suchinsky, or Commissioner Ross in any of the alleged violations of Plaintiff’s rights.

Section 1983 liability requires personal involvement in the deprivation of a constitutional right; passive involvement is insufficient.

Hamlet v. Key · filed 2020-09-30

This suggest little more than passive involvement, which is not enough to establish liability for the deprivation of a constitutional right.

Section 1983 requires a plaintiff suing defendants in their individual capacities to identify each defendant’s specific actions or inactions underlying the claim.

Thibodeaux v. White · filed 2020-10-01

Under 42 U.S.C. § 1983, a plaintiff suing defendants in their individual capacities must clearly and specifically explain defendants’ particular actions or inactions that form the basis for his claims.

Section 1983 requires a defendant to have been involved in the alleged malicious prosecution.

Freeman v. Ellis · filed 2020-10-01

Because there is no genuine issue of material fact relating to whether Ellis was involved, the malicious prosecution claim against him is dismissed.