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

42 U.S.C. § 1983

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

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No reviewed case has held this section invalid, preempted, superseded or repealed.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

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

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

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

Personal involvement of defendant

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

Brown v. Tran · filed 2020-11-13

As it stands, the Amended Complaint fails to allege sufficient facts to support the conclusion that Millikan was personally involved in, or directly responsible for, any deprivation of Brown’s Eighth Amendment rights.
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Section 1983 requires a plaintiff to allege what each defendant did or failed to do to cause a constitutional injury.

Robinson v. Zembrano · filed 2020-11-16

He must also name each Defendant and link them to his claims by explaining what each person did or failed to do that caused him constitutional injury.
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Section 1983 does not impose personal liability on officials merely for mishandling grievances.

Pickens v. Wallace · filed 2020-11-16

While Plaintiff is critical of the handling of his various grievances, this is not enough to plead personal liability under § 1983.
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Section 1983 requires a plaintiff suing an individual supervisor to allege facts showing the supervisor’s personal involvement in the constitutional deprivation.

Coleman v. State Of Illinois · filed 2020-11-16

But for the Section 1983 claims to survive a motion to dismiss, Coleman must at least provide at least some basic information about what Baldwin and Garnett did, beyond the conclusory allegation that they were somehow “responsible” for his suspension and termination.
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Section 1983 does not impose liability on officials who only review a grievance about a constitutional violation that has already occurred.

Orozco v. Butler · filed 2020-11-16

According to the Second Amended Complaint, McCarty and Godinez had no involvement in the disciplinary proceedings that occurred at Menard. They simply reviewed the grievance that Orozco submitted regarding the alleged constitutional violations that had already happened.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation.

Harris v. Ferrari · filed 2020-11-16

Aside from naming those Defendants in the caption, Plaintiff does not explain how either individual was aware of, or involved with, the attack by fellow detainee Stallings. The Amended Complaint therefore fails to state a claim under 42 U.S.C. § 1983.
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for damages; allegations that an officer poisoned a prisoner’s food or coerced a pantry worker to taint it satisfy that requirement.

Carter v. Shepard · filed 2020-11-16

“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.” ... Plaintiff has thus sufficiently alleged Officer Shepperson’s personal knowledge and involvement.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Carter v. Maxwell · filed 2020-11-16

“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.” ... Plaintiff has thus sufficiently alleged Officer Shepperson’s personal knowledge and involvement.
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Section 1983 requires facts showing a defendant’s personal involvement in the alleged deprivation of rights.

Delorenzo v. Sullivan County Jail Administration · filed 2020-11-16

Plaintiff names as a defendant the “mental health administrator,” but he does not state any facts regarding this individual’s personal involvement. ... Thus, the Court dismisses this defendant without prejudice for failure to state a claim against this defendant.
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Section 1983 imposes individual liability only when the defendant personally participated in the alleged misconduct.

Stuart v. Murray · filed 2020-11-16

Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct.
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Section 1983 requires a plaintiff to allege each named defendant’s personal knowledge of and involvement in the alleged constitutional violation.

Tillery v. Virginia Peninsula Regional Jail · filed 2020-11-17

To state a cause of action under § 1983, a plaintiff must allege facts demonstrating that each named defendant had personal knowledge of, and involvement in, the alleged violations of his Eighth Amendment rights for the action to proceed against each named defendant.
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Section 1983 requires a connection between a defendant’s actions and the claimed deprivation of rights.

(PC) Zapata v. Stites · filed 2020-11-17

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.
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An individual-capacity claim under Section 1983 requires allegations that the defendant personally violated the plaintiff’s rights.

(PC) Booth v. Newsom · filed 2020-11-17

Plaintiff cannot pursue an individual capacity suit against Governor Newsom because the complaint does not allege that the Governor, acting in his personal capacity, violated plaintiff’s rights.
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Section 1983 liability depends on each defendant’s own knowledge and actions, not those of people they supervise.

Harris v. Livers · filed 2020-11-17

Section 1983 “liability depends on each defendant’s knowledge and actions, not on the knowledge or actions of persons they supervise.” Burks v. Raemisch, 555 F.3d 592, 594 (7th Cir. 2009).
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A defendant’s personal involvement in the alleged misconduct is required for liability under § 1983.

Dykes 201541 v. Finco · filed 2020-11-17

The only remaining Defendant, Thomas Finco, filed a Motion for Summary Judgment on the grounds that he was not personally involved in the alleged illegal conduct. ... Accordingly, this Court approves and adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. ... IT IS FURTHER ORDERED that Defendant Finco’s Motion for Summary Judgment (ECF No. 42) is GRANTED.
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Section 1983 does not make a prison official liable for denying a grievance when the official did not cause or participate in the underlying conduct.

Thomas v. Tritt · filed 2020-11-18

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” are not liable under §1983.
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Section 1983 requires a complaint to allege how each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Grubbs v. Sacramento County Jail · filed 2020-11-18

I cannot direct service, however, until plaintiff identifies the defendants against whom he intends to proceed and explains how each was responsible for his inadequate care.
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Section 1983 requires allegations of each defendant’s personal involvement; naming a defendant only in the caption does not state a claim against that person.

Fannin v. Sellers · filed 2020-11-19

“Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints.” ... Because Fannin fails to mention Defendant Sellers in the body of his complaint and claim against Defendant Sellers will be DISMISSED WITHOUT PREJUDICE.
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Section 1983 requires an individual defendant to have caused or participated in the constitutional violation; awareness of a policy alone does not establish personal liability for its application.

Gama v. Dart · filed 2020-11-19

To be liable under 42 U.S.C. § 1983, an individual defendant must have caused or participated in the constitutional violation.
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Section 1983 requires a complaint to allege how each defendant personally violated the plaintiff’s rights; bare conclusions about defendants’ conduct do not state a claim.

SZEMPLE v. CMS · filed 2020-11-19

He fails, however, to allege specifically how or when any particular Defendant violated his rights, over a more than sixteen-year period.
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Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.

MUIR v. WETZEL · filed 2020-11-19

While Muir generally alleges interference with his legal mail, his Complaint fails to set forth specific factual averments describing how any named Defendant was personally involved in the interference.
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Section 1983 requires a plaintiff to allege conduct by the named defendants that caused the claimed deprivation.

Branham v. Trent · filed 2020-11-20

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of a right guaranteed by the Constitution or laws of the United States, and that this deprivation resulted from the conduct of a person acting under color of state law. ... First, although he names both Timothy Trent and Major Espinoza as defendants, he has failed to set forth any allegations against either individual. ... Because Branham has failed to state any cause of action against the named defendants, his complaint must be dismissed.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.

Sanders v. Zitek · filed 2020-11-20

Individual liability under § 1983 “requires personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir. 2017) (quoting Minix v. Canarecci, 597 F.3d 823, 833 (7th Cir. 2010)). Plaintiff does not offer any factual allegations regarding VanLanen, Mejia, Kind, and Retzlaff’s involvement in making him choose between breaking his Ramadan fast or going without his medication. Thus, VanLanen, Mejia, Kind, and Retzlaff will be dismissed.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

WATTERSON v. INDIANA DEPT OF CORRECTIONS · filed 2020-11-20

Any claims against I. Randolph and Warden Knight in their individual capacities are dismissed. "Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." ... Mr. Watterson includes no factual allegations that demonstrate Warden Knight or I. Randolph deprived Mr. Watterson of his ability to practice his religion.
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A § 1983 claim against an individual defendant must allege facts supporting that defendant’s liability; grouping the defendant with others is insufficient.

Reavis v. Saint Louis County, Missouri · filed 2020-11-20

The allegations in paragraph 98 do not even make claims against Davis or Robertson specifically, instead claiming § 1983 violations against now-Defendant Murphy and St. Louis County. ... In its current form, the proposed Amended Complaint lacks sufficient facts with respect to either Davis or Robertson to endure a potential Rule 12(b)(6) motion; as such, the proposed additions of Davis and Robertson are futile, and Plaintiff may not add them to the case as defendants.
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Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the violation of federal rights.

McDaniel v. The City of New York · filed 2020-11-20

In fact, Plaintiff fails to allege facts suggesting that either defendant had any personal involvement in the alleged violation of his rights.
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Section 1983 imposes liability only on state actors whose personal conduct caused the deprivation of a federal right.

Shaw v. Kaemingk · filed 2020-11-20

Only state actors whose personal conduct caused the deprivation of a federal right are liable under § 1983. ... Because Shaw alleges that defendants have not provided him with the evidence necessary to prove these defendants’ involvement, there is a genuine issue of material fact as to whether Drieske, Baker, or Miller-Hunhoff were personally involved in the administrative appeals process regarding the four rejection notices signed by these non-party individuals.
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Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.

Duncan v. Lee · filed 2020-11-23

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.
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Section 1983 does not impose liability on prison officials who deny grievances but did not cause or participate in the underlying conduct.

Scott v. Kind · filed 2020-11-23

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under §1983.
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Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of his rights.

(PC) Ortega v. Lynn · filed 2020-11-23

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

(PC) Latu v. Mc Fadden · filed 2020-11-23

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.
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Section 1983 requires facts identifying each defendant’s personal involvement in the alleged deprivation of rights.

Buckelew v. Gore · filed 2020-11-23

Thus, insofar as Plaintiff’s FAC simply mentions various instances during which he claims to have been subject to “unlawful conditions” without identifying the individuals responsible for those wrongs, he fails to state any plausible claims for relief under § 1983.
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Section 1983 requires evidence tying a defendant personally to the alleged unconstitutional conduct.

Harris v. Belford · filed 2020-11-23

As to the alleged second spray of O/C, Plaintiff has not produced any evidence that Belford was the one who sprayed him.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; directly assigning discriminatory tasks can satisfy that requirement.

Sherman v. City of New York · filed 2020-11-23

Because Lagares personally assigned Plaintiff to perform menial and janitorial tasks, she was directly involved in the constitutional violation and thus Plaintiff’s claim on this ground survives.
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Section 1983 does not make a prison official liable for denying a grievance if the official neither caused nor participated in the underlying conduct.

Smith v. Kind · filed 2020-11-24

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under §1983.
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Section 1983 requires a plaintiff to plausibly allege that the defendant was personally responsible for the claimed constitutional deprivation.

Bolyard v. Village of Sherman · filed 2020-11-24

For a § 1983 claim against a given defendant to survive a motion to dismiss, the plaintiff must plausibly allege that the identified defendant was personally responsible for the claimed deprivation of an established constitutional right.
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Section 1983 requires allegations connecting a defendant to the claimed wrongdoing; naming someone only in the caption does not state a claim against that person.

Pruitt v. Benzing · filed 2020-11-24

Plaintiffs name this defendant in the case caption of the Complaint, but the doctor is not mentioned in the statement of claim. Plaintiffs cannot articulate a claim against a defendant by merely listing him in the lawsuit. Accordingly, this defendant shall be dismissed without prejudice.
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Section 1983 individual-capacity claims require plausible allegations of the defendant’s personal involvement in the alleged constitutional violation.

5464 Route 212, LLC v. New York State Department of Transportation · filed 2020-11-24

Because Plaintiff’s allegations fail to plausibly allege Dominguez’s personal involvement in the alleged constitutional violations, Plaintiffs’ claims under §1983 against Dominguez in her individual capacity must be dismissed.
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Section 1983 requires a plaintiff to link each defendant’s own acts or omissions to the alleged constitutional deprivation.

Smith v. Avalos · filed 2020-11-25

“Causation is, of course, a required element of a § 1983 claim.” ... There are no plausible factual allegations linking Defendants to any of his claims regarding access to courts.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; sufficiently pleaded involvement allows an individual-capacity claim to proceed.

Brigham v. Coles County Illinois · filed 2020-11-25

To recover under § 1983, a plaintiff must prove that a defendant was personally involved in the alleged constitutional deprivation. ... Therefore, Defendant’s motion to dismiss Defendant Rankin from Counts I and II is denied as Plaintiff has sufficiently pled personal involvement by Defendant Rankin.
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Section 1983 requires factual allegations suggesting each defendant’s personal involvement in the alleged rights violation; naming a defendant in the caption alone is insufficient.

Francis v. Carson · filed 2020-11-25

Further, where as here defendants are named in the caption of a complaint without factual allegations in the body of the complaint sufficient to suggest the personal involvement of each defendant in the rights violation alleged, the complaint is subject to dismissal even under the liberal construction afforded pro se pleadings.
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Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; responding to a grievance alone does not establish liability.

Jackson v. SCI Huntingdon Prison Officials · filed 2020-11-25

Because such involvement is insufficient to trigger § 1983 liability, Plaintiff has failed to state a claim upon which relief may be granted as to Defendants Kauffman, Ellenberger, and Price.
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Section 1983 requires a plaintiff to allege facts connecting a named defendant to the deprivation of a federal right.

Keen v. Clear · filed 2020-11-30

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. ... In fact, Keen fails to allege any fact against any of the named defendants.
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Section 1983 requires each individual-capacity defendant to have personally participated in the alleged violation; supervisory status alone does not create liability.

Haendel v. Virginia Department of Corrections · filed 2020-11-30

Thus, a plaintiff must show that “each [g]overnment-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676.
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Section 1983 requires allegations connecting each defendant’s actions to the claimed deprivation of rights.

(PC) West v. High Desert State Prison · filed 2020-11-30

To state a claim under §1983, the plaintiff must allege an actual connection or link between the actions of the named defendant and the alleged deprivations. ... Because the complaint does not contain any factual allegations regarding Monk, it does not contain any claims against this defendant.
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Section 1983 individual-capacity liability requires allegations of the defendant’s personal involvement in the alleged constitutional violation.

West v. Inch · filed 2020-11-30

Nonetheless, like the individual-capacity claim against Secretary Inch, Plaintiff’s claim against Conn fails because the SAC does not allege Conn’s personal involvement in the alleged Eighth Amendment violations.
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Section 1983 requires a plaintiff to show that each individual defendant was personally responsible for the alleged deprivation.

Ali v. Chicago · filed 2020-11-30

The second flaw in Ali’s bond-posting claim against the individual Defendants is that the evidence does not establish that any of them were personally responsible in delaying his chance to post bond.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of a constitutional right.

Eason v. Pritzker · filed 2020-11-30

Additionally, to state a viable Section 1983 claim, a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.
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Section 1983 requires each individual defendant to have personally participated in the alleged rights violation.

Deis v. Mitchell · filed 2020-11-30

A defendant’s “[p]ersonal involvement is necessary” to establish liability. ... Defendants contend that Deis cannot establish that either Mitchell or Guzowski participated in any violation of Deis’ constitutional rights because neither Mitchell nor Guzowski was present for Deis’ arrests on June 1, 2017 or June 2, 2017. The Court agrees.
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Section 1983 requires a plaintiff to show each individual defendant’s personal involvement in the alleged violation.

Headrick v. Waate · filed 2020-11-30

To prevail on a § 1983 claim, a plaintiff must show each individual defendant’s personal involvement in the alleged violation.
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Section 1983 permits a claim against defendants plausibly alleged to have known or reasonably should have known that their conduct would lead to violations of a plaintiff’s constitutional rights.

Fudge v. Brown · filed 2020-11-30

Because Fudge has indicated that the Defendants here knew or should have known about the constitutional violations against him, he has plausibly alleged that they may be subject to § 1983 liability.
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Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Ashley v. Gonzalez · filed 2020-11-30

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

Lopes v. Westchester County · filed 2020-11-30

There are, in sum, no alleged facts plausibly establishing that Martinez, Delgrosso, or Spano was personally involved in the alleged unconstitutional deprivation at issue.
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Section 1983 requires facts showing that a defendant’s conduct caused a deprivation of federal rights.

Moore v. Russell · filed 2020-12-01

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. ... Despite being given the opportunity to amend his complaint, Moore alleges no facts against or conduct committed by defendants Superintendent Russell or WellPath.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Pangman v. Sellen · filed 2020-12-01

For liability to exist under § 1983, an individual must have “personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (quoting Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010)).
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for individual-capacity liability.

Osborne v. Williamson County Jail · filed 2020-12-01

This claim shall be dismissed against Chief Ferrell in his individual capacity because he did not receive any grievances or otherwise know of the deprivation.
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Section 1983 requires a plaintiff seeking damages from an individual defendant to allege that defendant’s personal involvement in the constitutional deprivation.

Trotman Junior v. Herod · filed 2020-12-01

As noted above, the Second Circuit Court of Appeals has made clear that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Farid, 593 F.3d at 249 (internal quotations marks omitted). ... Accordingly, plaintiff’s claims against Capt. Wilson and Capt. Cowen are dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b).
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Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Singleton v. Office of the Mayor · filed 2020-12-01

To state a § 1983 claim, a plaintiff must also allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.
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Section 1983 requires allegations that each defendant was personally involved in the alleged wrongdoing.

Rosado v. Karnes · filed 2020-12-01

Since, Plaintiff has failed to plead any personal involvement on the part of these Defendants, the claims against them will be dismissed.
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Section 1983 requires a plaintiff to allege facts showing that the defendant participated in the alleged wrong.

Boyett v. Collier · filed 2020-12-01

To successfully plead a cause of action in a civil rights case, a plaintiff must allege facts that illustrate the defendant participated in the alleged wrong.
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Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the alleged wrong, shown through personal direction or actual knowledge and acquiescence.

Gibson v. Erickson · filed 2020-12-02

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that the defendants had “personal involvement in the alleged wrongs,” which can be shown through “allegations of personal direction or of actual knowledge and acquiescence.”
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Section 1983 requires each defendant’s own actions to support liability; respondeat superior and vicarious liability do not apply.

Stompingbear v. Reed · filed 2020-12-02

Because respondeat superior or vicarious liability is inapplicable to § 1983 suits, Plaintiff must plead that each defendant, through his own individual actions, has violated the Constitution.
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Section 1983 requires allegations connecting a defendant personally to the claimed violation of constitutional rights.

Brickhouse v. Lashbrook · filed 2020-12-02

Brickhouse does plead any allegations or facts, however, regarding Wilson’s involvement in the violation of her constitutional rights. See Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014). Accordingly, Wilson is dismissed without prejudice.
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Section 1983 requires a plaintiff to allege each defendant’s individual actions and how those actions violated a constitutional right.

Nichols v. The GEO Group, Inc. · filed 2020-12-02

The Complaint and Amended Complaint do not contain factual allegations setting out the individualized actions of each Defendant or specifically how the actions of any Defendant violated his constitutional rights. ... The allegations of the Complaint and Amended Complaint do not state a § 1983 claim against any Defendant.
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A Section 1983 complaint must identify defendants who personally participated in a substantial way in depriving the plaintiff of a federal constitutional right.

(PC)Jones v. Ramirez · filed 2020-12-03

An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.
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Section 1983 requires a defendant's personal involvement in the alleged constitutional violation; naming a defendant only in the complaint's caption does not state a claim against that defendant.

Calderon v. Annucci · filed 2020-12-03

Because the amended complaint fails to allege the personal involvement of defendant Annucci in any alleged constitutional violation, any claims asserted against him 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).
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Section 1983 does not impose respondeat superior liability; a plaintiff must allege each defendant’s personal misconduct.

KNOWLES v. TEMPLE UNIVERSITY · filed 2020-12-03

This is a fatal flaw, inasmuch as 42 U.S.C. § 1983 affords no respondeat superior liability.
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Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the constitutional violation.

Ballard v. Dzurenda · filed 2020-12-04

A complaint based upon a violation under section 1983 that does not allege the personal involvement of a defendant fails as a matter of law.
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Section 1983 requires a defendant to be personally involved in the alleged deprivation to be liable.

Willison v. Meisner · filed 2020-12-07

Because a defendant must be personally involved in alleged deprivation to be liable under § 1983, Burks v. Raemisch, 555 F.3d 592, 595-96 (7th Cir. 2009), I will dismiss him from the lawsuit.
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Section 1983 requires facts linking an identified defendant’s actions to the alleged deprivation of a federal right.

(PC) Jones v. County of Sacramento · filed 2020-12-07

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. ... The amended complaint fails to state a claim because it does not identify a defendant and plaintiff has failed to allege sufficient facts to state a claim.
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Individual liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Banks, III v. Michaud · filed 2020-12-07

“It is well settled that, in order to establish a defendant's individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant's personal involvement in the alleged constitutional deprivation.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). Accordingly, I will dismiss the claims against defendants Semple, Beers, Dorian, and Maldonado.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded against that defendant.

Stevenson v. Quiros · filed 2020-12-07

The personal involvement of a defendant “in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006). ... Because Plaintiff has failed to allege Defendant Santiago’s personal involvement in the alleged constitutional violations, the Court will dismiss the clams against Defendant Santiago without prejudice.
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Section 1983 permits a claim against a prison official who knows of unconstitutional medical care and fails to act.

Rosario v. Thompson · filed 2020-12-07

“[D]eliberate indifference may be found where an official knows about unconstitutional conduct and facilitates, approves, condones, or turns a blind eye to it.” Perez, 792 F.3d at 781. On this theory, Plaintiff’s claim in Count 5 may also proceed at this juncture.
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Section 1983 liability requires a defendant’s personal participation in the constitutional violation; naming a correctional institution does not state a claim against a person.

Crusoe v. Warden · filed 2020-12-07

Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in a constitutional violation.

Ortiz v. Bowen · filed 2020-12-07

However, the Petition contains no allegations against either Warden Bowen or Geo Inc. The Complaint fails to state any § 1983 claim for relief against either Respondent.
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Section 1983 requires facts showing each defendant’s direct and personal involvement in the constitutional deprivation.

Murphy v. Spaulding · filed 2020-12-07

To state a claim under § 1983, a plaintiff must also allege facts showing the defendants’ direct and personal involvement in the constitutional deprivation.
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Section 1983 requires specific allegations connecting each defendant’s personal involvement to the alleged constitutional deprivation.

Steggall v. Washburn · filed 2020-12-07

This Court declines to recharacterize the petition because Petitioner has not named the correct defendants and because of the many differences between habeas and § 1983 claims, which Petitioner should be able to consider first. ... Petitioner is advised, should he wish to file a § 1983 claim, that he must allege specific, personal involvement connecting each named defendant to the alleged constitutional deprivation.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for liability.

(PC) Brown v. Moore · filed 2020-12-08

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires facts showing what an individual defendant did or failed to do to violate the plaintiff’s rights; a bare legal conclusion is insufficient.

Link v. Hood · filed 2020-12-08

Plaintiff names Rob Jeffrey (IDOC Director) among the Defendants, but does not include any factual allegations against him in the statement of claim to set forth what Jeffrey did or failed to do that violated his constitutional rights. (Doc. 12, pp. 2, 6). He merely states the legal conclusion that Jeffrey exposed him to conditions that violated his Eighth Amendment rights. (Doc. 12, p. 7). This is not sufficient to state a constitutional claim against Jeffrey, thus he will be dismissed from the action without prejudice.
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Section 1983 requires a plaintiff to identify each defendant and describe that person’s involvement in the alleged constitutional violation.

Henneberg v. Vandalia Officials · filed 2020-12-08

To state a claim against a defendant, a plaintiff must describe what each named defendant did, or failed to do, that violated the plaintiff’s constitutional rights.
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Section 1983 requires a defendant’s personal involvement in the conduct underlying the alleged constitutional violation.

Anderson v. Forolics · filed 2020-12-08

Plaintiff cannot establish the liability of any Defendant absent a clear showing that the Defendant was personally involved in the activities which form the basis of the alleged unconstitutional behavior.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; conclusory allegations of collective action are insufficient.

Servidio Landscaping, LLC v. Stamford · filed 2020-12-09

It is axiomatic that personal involvement in the alleged constitutional deprivation is a prerequisite to recovery under Section 1983.
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Section 1983 requires a plaintiff to link a defendant’s conduct to the alleged deprivation of rights.

Robertson v. T.D.C. J. · filed 2020-12-09

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.
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Section 1983 requires allegations of a defendant’s personal involvement; a supervisor’s position alone does not establish liability.

Gray v. Dzurenda · filed 2020-12-09

Nor does Plaintiff include any factual allegations such that the Court could reasonably construe a plausible Section 1983 claim based on a supervisory liability theory.
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A Section 1983 plaintiff suing individual defendants must allege facts showing their personal involvement in the alleged violation of his rights.

Lee v. Department of Corrections · filed 2020-12-09

To the extent that Plaintiff names individuals as defendants, he must allege facts regarding their personal involvement in the alleged violations of his rights.
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Section 1983 does not impose liability on prison officials merely for handling a grievance or failing to act on a complaint letter.

Bostick v. Byrd · filed 2020-12-09

Even if Plaintiff had otherwise stated a claim with regard to his medical care, he would have no resulting claim against the defendants who simply handled his grievance or failed to act in response to his letter.
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Section 1983 requires a plaintiff to show that a defendant was personally involved in the alleged deprivation of rights.

Harris v. Dzurenda · filed 2020-12-10

Summary judgment was proper on Harris’s free speech claim stemming from regulation of his outgoing mail because Harris failed to raise a genuine dispute of material fact that defendants were involved with the alleged interference with his mail.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

WADE v. STIGDON · filed 2020-12-10

For these reasons, the Court grants summary judgment for McSween, Decker, May, and Stigdon (in any allegation concerning her personal capacity) because they lacked the personal involvement necessary in any decision to prohibit Wade from counseling DCS clients for §1983 liability (Filing No. 122).
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for liability.

(PC) Dotson v. Chandler · filed 2020-12-11

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

Penque v. Department of Public Safety · filed 2020-12-11

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.
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Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional deprivation.

Oliver v. New York State Police · filed 2020-12-11

As there are no facts asserted in the Second Amended Complaint suggesting any Defendant’s direct participation in the allegations concerning the NYSDHR or the Governor’s Office, Plaintiff fails to state a claim for relief with respect to those claims.
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Section 1983 requires factual allegations connecting the defendant personally to the alleged constitutional deprivation.

Fauntleroy v. Doe · filed 2020-12-11

Moreover, although Plaintiff names John Doe as a defendant in the caption and the list of parties, see id. at 1, the Complaint lacks any substantive allegations related to John Doe. Absent such facts, the Court is unable to discern whether Plaintiff has stated a plausible claim.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.

(PC) Howard v. Aryad · filed 2020-12-14

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

(PC) Carroll v. Covello · filed 2020-12-14

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.
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Section 1983 requires personal involvement in a constitutional deprivation; signing a disciplinary report alone does not establish liability.

Jones v. Linn · filed 2020-12-14

Signing off on a disciplinary report or final summary report does not rise to the level of personal involvement necessary for liability to attach.
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Section 1983 requires allegations describing what each defendant did or failed to do to violate the plaintiff’s rights.

Sims v. Thompson · filed 2020-12-14

Because Plaintiff presents no factual allegations regarding what the other defendants did or failed to do that violated his rights, the Complaint fails to state a claim upon which relief may be granted.
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Section 1983 requires a plaintiff to identify a defendant who personally participated in the alleged rights violation.

Martin v. Williams · filed 2020-12-14

So I dismiss this claim without prejudice with leave to amend if Martin can identify an employee responsible for the condition of the food.
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Section 1983 requires facts showing an individual defendant’s direct and personal involvement in the alleged constitutional deprivation.

Ponce-Melendres v. Doe · filed 2020-12-14

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing an individual defendant’s direct and personal involvement in the alleged constitutional deprivation.
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Section 1983 requires a plaintiff suing individuals to allege each defendant’s personal involvement in the violation of his rights.

Davidson v. Department of Corrections · filed 2020-12-14

If Plaintiff names individuals as defendants, he must allege facts regarding the personal involvement of each in the alleged violations of his rights.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.

Bird v. Lampert · filed 2020-12-15

“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” ... Accordingly, we conclude that Bird has not shown that Lampert, Pacheco, and Weik were personally involved—either directly or indirectly—in the delay of his treatment by a dentist.
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A § 1983 complaint must connect each defendant to a specific claim; merely naming a defendant is insufficient.

Garner v. Burrell · filed 2020-12-15

A plaintiff is required to associate specific defendants with specific claims so that these defendants are put on notice of the claims brought against them and so they can properly answer the complaint.
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A § 1983 claim against a defendant requires allegations connecting that defendant personally to the alleged misconduct.

Peek 421782 v. Chippewa, County of · filed 2020-12-15

... Plaintiff failed to allege any personal involvement by Defendant Lightfoot to support an official capacity claim. ... IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 16) is APPROVED and ADOPTED as the Opinion of the Court with respect to the dismissal of all claims against Defendant Lightfoot; Plaintiff’s Objection (ECF No. 19) is DENIED as moot.
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A § 1983 plaintiff must allege facts showing each defendant’s personal responsibility for the alleged constitutional violation.

Burgess v. Precythe · filed 2020-12-15

Third, plaintiff has not demonstrated the personal responsibility of each defendant for violating his constitutional rights.
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Section 1983 requires a causal link between a defendant’s conduct and the deprivation of rights; knowledge of a problem and authority to address it do not establish personal involvement.

Van Allen v. Lawson · filed 2020-12-15

“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Plaintiff’s allegations that Vandergriff and Precythe “know[] the problems” at FCC and “have the most power to stop it,” are not enough to constitute personal involvement or direct responsibility.
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A § 1983 complaint against prison officials must identify defendants personally involved in the alleged violation.

Johnson v. Court of Appeals · filed 2020-12-15

But Plaintiff’s amended complaint does not comply with the September 2, 2020 order. In short, Plaintiff does not name individual defendants at Sing Sing who were personally involved in the events giving rise to this action and does not provide sufficient facts to suggest that his constitutional rights were violated.
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Section 1983 requires each defendant’s own conduct to be linked to the alleged constitutional violation; supervisory status alone does not create liability.

Kuruc v. Carr · filed 2020-12-16

Moreover, the doctrine of respondeat superior (supervisory liability) does not apply to actions filed under 42 U.S.C. § 1983.
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Section 1983 requires a plaintiff to allege how each defendant was personally involved in the claimed constitutional violation.

JOHNSON v. UNKNOWN DET. PHILA POLICE · filed 2020-12-16

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

(PC) Glass v. CDCR · filed 2020-12-17

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

CARRICO v. BROWN · filed 2020-12-17

Because the complaint does not allege that any of these defendants knew of the cold temperatures in Mr. Carrico's cell while the problem was ongoing, he has failed to allege that they were deliberately indifferent to his health and safety. See Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (personal involvement in a constitutional deprivation required for liability under 42 U.S.C. § 1983).
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Section 1983 requires a defendant to be personally involved in or directly responsible for the alleged violation of rights.

Taylor v. Atterberry · filed 2020-12-17

As such, plaintiff’s § 1983 claim against the two named defendants fails because neither of the defendants were personally involved in or directly responsible for any alleged violation of plaintiff’s rights.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of rights.

Engel v. MODOC · filed 2020-12-17

In the instant action, plaintiff has not set forth any facts indicating that any of the named defendants were directly involved in or personally responsible for the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
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Section 1983 requires a defendant’s personal participation in the alleged violation; employment or supervision alone does not establish liability.

Johnson v. Berndt · filed 2020-12-17

Finally, a defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.”
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Section 1983 requires a plaintiff seeking damages to allege each defendant’s personal involvement in the constitutional deprivation.

Norman v. City of New York · filed 2020-12-20

To the extent that Plaintiff’s pleadings may be construed to allege a claim pursuant to 42 U.S.C. § 1983 against the State Defendants, these claims also must be dismissed for failure to state a claim upon which relief may be granted. “It is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’”
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Section 1983 requires facts showing each defendant’s personal responsibility for the alleged deprivation of rights.

Engel v. CO1 · filed 2020-12-21

In the instant action, plaintiff has not set forth any facts indicating that any of the named defendants were directly involved in or personally responsible for the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
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Section 1983 requires a defendant’s personal involvement in the alleged wrong; participation in a grievance process alone does not establish liability for the underlying loss.

MORGAN v. WETZEL · filed 2020-12-21

Other than alleging that Wetzel and Ferguson took part in the grievance process, Morgan’s complaint does not include any allegations as to these two Defendants. Importantly, Morgan does not include any suggestion that they were personally involved in or caused the loss of his personal property, or even that they were overseeing the CERT Defendants who did.
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Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that defendant’s personal involvement in the alleged violation.

QUIJANO v. BERKS COUNTY SHERIFF DEPARTMENT · filed 2020-12-21

Because the complaint does not allege any specific actions (or inactions) attributable to any individual defendant, Quijano has failed to show that any of the individual Defendants were personally involved in the alleged constitutional violations. Therefore, we find that Quijano has failed to state a plausible § 1983 claim against the individual Defendants in their individual capacity.
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Section 1983 requires facts showing that each defendant personally participated in the alleged unconstitutional conduct.

Christians v. Young · filed 2020-12-21

Because Christians does not assert facts that allege these individuals participated in unconstitutional conduct, his Eighth Amendment claim regarding the food service against Reimann, Mousel, Dr. Carpenter, Dr. Sultana, Dr. Zimmer, Gitchel, and Depree are dismissed without prejudice under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).
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Section 1983 permits individual liability when a defendant’s actions actually and proximately cause the deprivation of a federally protected right.

Cathy v. Kuzmicz · filed 2020-12-22

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.
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation; handling grievances alone does not establish it.

Eskridge v. Woolard · filed 2020-12-22

A defendant’s role in responding to prisoner grievances does not constitute “personal involvement” in the constitutional deprivation that gave rise to the grievance and the alleged mishandling of grievances “by persons who otherwise did not cause or participate in the underlying conduct states no claim.” Owens v. Hinsley, 635 F.3d 950, 953 (7th Cir. 2011).
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

VICKERY v. WEXFORD MEDICAL SOURCE · filed 2020-12-22

The complaint does not indicate that Dr. Mitcheff or Nurse Carey were personally involved in acts or omissions that caused Mr. Vickery to suffer a constitutional violation.
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Section 1983 requires a plaintiff to allege what each defendant personally did to violate the plaintiff’s rights.

Taylor v. Western Regional Ombudsman · filed 2020-12-23

To satisfy this requirement, a plaintiff must state specific facts about what each defendant did, personally, that violated the plaintiff’s constitutional rights.
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Section 1983 makes a defendant liable only if the defendant subjected a person to a deprivation of rights or caused that deprivation.

Goldman v. The University of Kansas · filed 2020-12-23

In other words, a defendant is not liable under § 1983 unless he or she subjected a person to the deprivation or caused a person to be subjected to the deprivation.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

Spencer v. Kind · filed 2020-12-28

Additionally, Plaintiff cannot proceed against Defendant Green Bay Correctional Institution (“GBCI”) because he has failed to allege any claims against it. “Individual liability under § 1983 requires ‘personal involvement in the alleged constitutional deprivation.’” Minix v. Canarecci, 597 F.3d 824, 833–34 (7th Cir. 2010) (quoting Palmer v. Marion Cty. 327 F.3d 588, 594 (7th Cir. 2003)). Thus, Plaintiff has failed to state a claim against GBCI.
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A § 1983 plaintiff must allege that each defendant personally participated in the deprivation of his rights.

(PC) Leen v. Montejo · filed 2020-12-28

Plaintiff must allege that each defendant personally participated in the deprivation of his rights.
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Section 1983 requires a plaintiff to plead each government official’s personal involvement in a constitutional violation; supervisory status alone does not establish liability.

Jones v. Kirchenbauer · filed 2020-12-28

Finally, it is well established that a cause of action brought under 42 U.S.C. § 1983 requires a plaintiff to plead that each government official, through the official’s own individual actions, has violated the Constitution.
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Section 1983 requires facts connecting each defendant to the alleged deprivation of rights; guessing who made a challenged decision is insufficient.

Edmonds v. Corizon, LLC · filed 2020-12-28

Plaintiff's guess as to the responsible party is not sufficient to state a claim for § 1983 liability.
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Section 1983 requires a defendant’s personal involvement in the deprivation of rights.

Mayfield v. Raymond · filed 2020-12-29

Of course, liability under § 1983 requires personal involvement.
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Section 1983 requires a plaintiff to connect each defendant to specific conduct that allegedly deprived the plaintiff of rights.

Engel v. Corizon · filed 2020-12-29

Plaintiff does not connect any named defendant with any specific action in the allegations of his complaint. This is not enough to state a claim for § 1983 liability.
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Section 1983 requires a prisoner to allege a prison official’s personal involvement in the claimed constitutional violation.

Tingle v. State of New York · filed 2020-12-29

To establish lability against a prison official under Section 19838, 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 prison’s chain of command. ... First, the amended complaint fails to name any defendants that were personally involved in Tingle’s medical care.
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Section 1983 requires a defendant to be personally responsible for the alleged constitutional violation.

Green v. Meli · filed 2020-12-30

In addition, the defendant must have been personally responsible for the violation. ... All of this happened before Dr. Kron evaluated Green and without his involvement.
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Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Brown v. Scheller · filed 2020-12-30

Plaintiff must allege that each defendant personally participated in the deprivation of his rights.
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Section 1983 liability requires a showing that the defendant personally participated in the alleged deprivation.

(PC) Smith v. Diaz · filed 2020-12-30

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

Raiser v. City of Temecula · filed 2020-12-30

A plaintiff must present facts showing how a particular defendant was directly and personally involved in inflicting the alleged injury. ... All other DOE defendants are not specifically listed as defendants in any Claim, nor does Raiser state any factual allegations against them.
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Section 1983 liability requires a defendant’s personal involvement in the violation of the plaintiff’s constitutional rights.

Roberson v. Fenti · filed 2020-12-30

To be held liable under Section 1983, a plaintiff must establish that a defendant was personally involved in the violation of his constitutional rights.
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Section 1983 requires a plausible constitutional violation by each individual defendant; allegations describing the collective acts of defendants cannot be attributed to each one.

Olmetti v. Kent, County of · filed 2020-12-31

But, as the R&R pointed out, on a section 1983 claim, a “[p]laintiff must state a plausible constitutional violation against each individual defendant – the collective acts of defendants cannot be ascribed to each individual defendant.”
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Section 1983 requires a defendant’s personal involvement in a constitutional violation.

Sentementes v. Bethel · filed 2021-01-04

The amended complaint fails state any plausible section 1983 claims against Ned Lamont, the Bethel First Selectman (now identified as Knickerbocker), and Bethel Chief of Police Jeffery Finch because Sentementes has not alleged that these defendants had any personal involvement in a constitutional violation under section 1983.
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Section 1983 requires allegations connecting each individual defendant to the alleged deprivation of a constitutional right; naming someone as a defendant alone is insufficient.

Cobbs v. Jeffreys · filed 2021-01-04

Merely invoking the name of a potential defendant in the case caption or list of Defendants is not sufficient to state a ... claim against that individual. ... Plaintiff has not stated any facts to indicate what acts or omissions on the part of Jeffreys, Wexford, Cunningham, Stover, Kurmickal, Crawford, Rufferford, or Brooks amounted to a violation of his constitutional rights. Therefore, he fails to state a claim against these Defendants upon which relief may be granted.
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Section 1983 requires an individual defendant to be personally responsible for the alleged deprivation of rights.

Stevens v. Carr · filed 2021-01-05

Stevens alleges no facts from which the Court can reasonably infer that Carr was personally responsible for directing the specified actions at the prison, nor do Stevens’ allegations suggest that Carr facilitated, approved, or condoned the alleged actions. Carr will be dismissed as a defendant.
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Section 1983 does not require an individualized analysis of officers in an excessive-force case when they actively participate in a coordinated use of force.

Edwards v. City of Muskogee, Oklahoma · filed 2021-01-05

Although § 1983 liability must ordinarily be “traceable to a defendant-official’s own individual actions,” Pahls v. Thomas, 718 F.3d 1210, 1225 (10th Cir. 2013) (internal quotation marks omitted), an “individualized analysis” is not required in an excessive-force case where, as here, “all Defendants actively participated in a coordinated use of force,” and they were “engaged in a group effort.”
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation; a person’s position as warden alone does not establish liability.

(PC) Hall v. Macomber · filed 2021-01-05

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC)Person v. Peery · filed 2021-01-05

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of rights.

Engel v. Maplewood Police Department · filed 2021-01-05

In the instant action, plaintiff has not set forth any facts indicating that any of the named defendants were directly involved in or personally responsible for the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
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Section 1983 requires a causal link between a defendant’s conduct and the alleged deprivation of rights; the defendant must be personally responsible.

Engel v. ERDCC · filed 2021-01-05

Liability under 42 U.S.C. § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights. ... In the instant action, plaintiff has not set forth any facts indicating a specific defendant was directly involved in or personally responsible for the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
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A §1983 claim may proceed against an official who personally caused or participated in an alleged constitutional violation.

Gill v. Blanke · filed 2021-01-06

Given these allegations, the plaintiff may proceed on a First Amendment free exercise claim and a RLUPIA directly against Marceau (rather than under a theory of supervisor liability), because the amended complaint alleges that Marceau “caused or participated in a constitutional violation.” Hildebrant v. Ill. Dep’t of Nat. Res., 347 F.3d 1014, 1039 (7th Cir. 2003) (quoting Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996)).
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Brown v. Moore · filed 2021-01-06

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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A plaintiff suing individuals under § 1983 must allege facts showing each defendant’s personal involvement in the alleged rights violation.

Prendergast v. Department of Corrections · filed 2021-01-06

If Plaintiff names individuals as defendants, he must allege facts regarding their personal involvement in the alleged violations of his rights.
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Section 1983 requires allegations that a defendant was personally involved in the events giving rise to the claim.

Wilson v. Mattson · filed 2021-01-06

When a complaint contains no allegations that the defendant had any personal involvement relating to the events giving rise to the lawsuit, dismissal of that party from the action is proper.
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Section 1983 requires a causal link between each defendant’s conduct and the alleged deprivation of rights.

Engel v. Corizon Health Care · filed 2021-01-07

Liability under 42 U.S.C. § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights. ... In the instant action, Plaintiff has not set forth any facts indicating a specific defendant was directly involved in, or personally responsible for, the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
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Section 1983 requires a defendant to be personally responsible for conduct under color of state law.

Gonzalez v. American Federation of State, County and Municipal Employees, AFL-CIO · filed 2020-10-23

Ms. Gonzalez therefore has not alleged that Mr. Aresimowicz or AFSCME are “responsible persons acting under color of state law,” Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 87 (2d Cir. 2015), such that any failure to hire may be attributed to them.
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Section 1983 requires an official sued personally to have caused the deprivation of a federal right while acting under color of state law.

Butterfield v. Warden Darren Young · filed 2021-01-08

“To establish personal liability in a § 1983 action, the plaintiff must show that the official, acting under color of state law, caused the deprivation of a federal right.”
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Notes 62401–62550 of 71,725, oldest cases first.

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