42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
164,512 citing cases reviewed of 283,166 in the citation index: 71,725 interpreted the section (annotated below), 92,787 cited it only in passing. Cases filed after 2021-01-26 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 requires allegations identifying each defendant’s unconstitutional acts; collective allegations against defendants are insufficient.
Birch v. City of Atchison, Kansas · filed 2021-01-08
Allegations that a plaintiff’s “rights ‘were violated’ or that ‘defendants,’ as a collective or undifferentiated whole, were responsible for those violations” are insufficient to support § 1983 claims.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff bringing an individual capacity claim to identify the defendants who caused the alleged deprivation of constitutional rights.
DeAnthony Brooks v. C.M.C · filed 2021-01-08
However, to state an individual capacity claim under Section 1983, Plaintiff must specifically identify the Defendants who caused the purported deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the underlying misconduct; investigating or denying a prison grievance does not establish that involvement.
CORBIN v. HALLIGAN · filed 2021-01-08
Moreover, Judge Lanzillo correctly noted that a prison official’s involvement in the grievance process does not establish their personal involvement, for §1983 purposes, in the underlying misconduct that is being grieved.Read the full opinion on CourtListener →
Section 1983 requires facts showing that each named defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Uhuru v. Rao · filed 2021-01-11
Under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... These allegations, standing alone, do not demonstrate personal participation by any of the defendants.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to establish each defendant’s personal involvement in the alleged constitutional deprivation.
Rodriguez v. McCormick · filed 2021-01-11
Because he is suing these supervisory defendants for damages, Rodriguez’s allegations must establish that they have personal involvement in the deprivations. ... Although Plaintiff’s allegations are sparse with regard to McCormick’s and Washington’s involvement, the Court considers the allegations sufficient to raise an inference that McCormick and Washington knew about the lack of medical treatment (including mental health treatment) but failed to take any remedial action.Read the full opinion on CourtListener →
Section 1983 requires a defendant to cause or participate in the violation; ruling against a prisoner on a grievance alone does not establish liability.
Nelson v. Siddiqui · filed 2021-01-11
These facts are not sufficient to assert liability against Pierce and Wandro under Section 1983. “Only persons who cause or participate in the violations are responsible.” George v. Smith, 507 F. 3d 605, 609 (7th Cir. 2007) (citations omitted). Furthermore, “[r]uling against a prisoner on an administrative complaint does not cause or contribute to the violation.” Id. Therefore, the claims against Pierce and Wandro are dismissed without prejudice, and they shall be terminated as defendants.Read the full opinion on CourtListener →
Section 1983 damages require a defendant’s personal involvement in the alleged constitutional deprivation.
Williams v. Mangano · filed 2021-01-11
Accordingly, there is no evidence establishing personal involvement on the part of Bourren, Wrieske, Collins, or Suarez, and they are entitled to summary judgment.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege each defendant’s direct or personal involvement in the alleged constitutional deprivation.
Beckman v. Niemynski · filed 2021-01-11
Moreover, a plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s involvement in the alleged deprivation; an administrator who only schedules approved treatment is not liable for a delay she did not cause.
Keating v. Meade · filed 2021-01-12
To the contrary, the undisputed evidence establishes that defendant Meade’s involvement was nothing more than scheduling the off-site treatment after it was approved by RCHC’s Utilization Review Manager.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege a specific injury linked to each defendant’s conduct.
Johnson v. Jeusen · filed 2021-01-12
In addition, a plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff has not alleged any facts against Defendants Senseng, Captain, and King. Accordingly, these Defendants will be dismissed without prejudice.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Bradford v. Gee · filed 2021-01-12
Plaintiff must allege that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires each defendant to have personally participated in the alleged deprivation of rights.
Purnell v. Hunt · filed 2021-01-12
Additionally, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of her rights. ... Here, Plaintiff alleges that she was handcuffed while four officers slammed her facedown on a gurney to the point where she saw stars so that her blood could be drawn. She further alleges that she could not breathe and that she was not resisting. For screening purposes, Plaintiff’s complaint states a claim against those four officers—Defendants Hunt, Luper, Garcia-Peralta and Carter—under the Fourth Amendment for excessive force.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; a prison administrator who did not participate in medical treatment decisions cannot be held liable for those decisions.
McCann v. Lawson · filed 2021-01-13
As stated above, Lawson does not provide medical care to inmates. And as stated in the M&R, she “was not personally involved in the decisions made by the prison’s medical personnel in treating” McCann. D.E. 32, p. 18. Thus, this evidence does not support a claim against her.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the alleged deprivation of rights.
(PC) Miles v. Garland · filed 2021-01-13
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant’s conduct to the alleged deprivation of a federally protected right.
Chiprez v. Adame · filed 2021-01-13
In his SAC, Plaintiff needs to link each remaining named Defendant—including Defendants Franco and Carmona—to his claim by alleging facts showing the basis for liability for each individual defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged constitutional violation.
Rogers v. Semple · filed 2021-01-13
It is well-settled in this circuit that, to state a claim under section 1983, the plaintiff must allege the personal involvement of the defendants in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Williams v. Albano · filed 2021-01-13
Liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.
Janda, Kristen v. Dar, Ellen · filed 2021-01-14
As such, no reasonable juror could find Janak was “personally involved” in the subsequent decision to place Janda in a holding cell, much less to keep her there for observation, which is by itself fatal to plaintiff’s claim against her.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a link between each named defendant and the alleged deprivation of constitutional rights.
(PC) Evans v. Sherman · filed 2021-01-14
Nonetheless, plaintiff’s first amended complaint again failed to include allegations linking any of the named defendants to the alleged denial of plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Haines v. County of Sacramento · filed 2021-01-14
Plaintiff’s two-paragraph complaint does not describe the conditions under which he is incarcerated or what actions, if any, Jones took or failed to take to limit inmates’ exposure to the virus. ... Plaintiff must allege that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the violation of the plaintiff’s rights.
Batts v. Department of Corrections · filed 2021-01-14
If Plaintiff names individuals as defendants, he must allege facts regarding their personal involvement in the alleged violations of his rights.Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal involvement in the alleged violation; a complaint cannot rely solely on group pleading.
Wyatt v. Kozlowski · filed 2021-01-14
“Because the personal involvement of a defendant is a prerequisite to an award of damages under § 1983, a plaintiff cannot rely on a group pleading against all defendants without making specific individual factual allegations.” ... Reading the PAC as a whole, including the redacted Final Report attached as an exhibit, establishes the PAC does not contain impermissible group pleading.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; handling grievances after the event does not establish that involvement.
Byrd v. Brittain · filed 2021-01-14
This after-the-fact involvement in Byrd’s grievances is not sufficient to allege the Supervisory Defendants’ personal involvement.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for the alleged harm; knowing that a medical appointment waitlist is long does not alone make a prison nurse liable for a delay.
Meeks v. Murphy · filed 2021-01-15
Although Meeks alleges that Defendants placed him on the waiting list, he does not allege that Defendants were responsible for deciding how inmates on the list would be prioritized. Defendants merely knowing that the list was long and Meeks’ wait might be lengthy is an insufficient basis for liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged misconduct to be liable.
Pearson v. Wheeler · filed 2021-01-15
Under §1983, a person must be personally responsible for the alleged misconduct to be liable.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right.
Metzler v. City of Colorado Springs · filed 2021-01-15
“[I]n order for liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established.”Read the full opinion on CourtListener →
Section 1983 requires facts showing how each defendant personally participated in the alleged deprivation of rights.
(PC)Colbert v. Bell · filed 2021-01-15
Under § 1983, plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff has failed to state any factual allegations showing what actions the Doe defendants engaged in that violated his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Rivera v. Diaz · filed 2021-01-15
Plaintiff must allege that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires allegations that an individual defendant was personally involved in the deprivation of rights; notice to “healthcare” generally does not establish that involvement.
Jones v. Brookhart · filed 2021-01-15
Such an allegation does not suggest that Cunningham was personally involved in any deprivation of Jones’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts plausibly showing a defendant’s personal involvement in the alleged violation of federal rights.
Sawyer v. Mosley · filed 2021-01-15
Also, Plaintiff has not set forth any other facts from which the Court can plausibly infer that Defendant Marshal Miller was personally involved in any violation of Plaintiff’s constitutional rights such that this Defendant could be liable for the allegations of the complaint under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link between a defendant’s own conduct and the alleged deprivation of rights.
Engel v. CCA · filed 2021-01-15
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to establish each defendant’s causal link to and direct responsibility for the deprivation of rights.
Engel v. CO1 · filed 2021-01-15
Furthermore, Plaintiff’s ambiguous allegations do not satisfy the 42 U.S.C. § 1983 requirement that Plaintiff establish a Defendant’s “causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant was personally involved in the claimed constitutional violation.
Jim v. Bowen · filed 2021-01-15
Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983. ... However, the Petition contains no allegations against Warden Bowen. The Complaint fails to state any § 1983 claim for relief against Respondent.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of federal rights.
Sawyer v. Miller · filed 2021-01-15
Also, Plaintiff has not set forth any other facts from which the Court can plausibly infer that Defendant Marshal Miller was personally involved in any violation of Plaintiff’s constitutional rights such that this Defendant could be liable for the allegations of the complaint under § 1983.Read the full opinion on CourtListener →
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) Bennett v. Benjamin · filed 2021-01-19
Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
A Section 1983 claim may proceed when the defendant’s own conduct plausibly caused another officer’s use of force.
King v. Chambers · filed 2021-01-19
Construed in King’s favor, the Amended Complaint plausibly alleges cause in fact because, but for Chamber’s lying about the events, Popovitch might have never come to the scene.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of a federal constitutional right.
(PC) Lake v. Diaz · filed 2021-01-20
Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 personal liability requires a defendant’s involvement in the alleged constitutional violation.
Graves v. Hake · filed 2021-01-20
Personal liability under § 1983 is predicated on personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Joseph v. Cuomo · filed 2021-01-20
Accordingly, Plaintiff has sufficiently alleged that P.O. Castillo satisfies the personal involvement requirement for § 1983 actions.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the alleged constitutional deprivation.
Harvard v. John or Jane Doe, M.D. · filed 2021-01-20
Plaintiff names as Defendants two John Doe doctors and the Downstate superintendent, but the complaint does not contain facts showing how these individuals were personally involved in the events giving rise to this complaint.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.
(PC) Heard v. Superior Court of California · filed 2021-01-21
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Calloway v. Martel · filed 2021-01-21
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a link between each defendant’s conduct and the plaintiff’s alleged deprivation of rights.
Pitts v. Espinda · filed 2021-01-21
Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; signing off on a disciplinary report alone is insufficient.
Daniels v. Schoenbeck · filed 2021-01-21
Signing off on a disciplinary report does not rise to the level of personal involvement necessary for liability to attach.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for a constitutional violation; a complaint must describe what each defendant did or failed to do.
Tate v. Stevenson · filed 2021-01-21
Section 1983 creates a cause of action based on personal liability and predicated upon fault.Read the full opinion on CourtListener →
Section 1983 requires factual allegations identifying each defendant’s actions and how those actions violated the plaintiff’s rights.
Nichols v. The GEO Group, Inc. · filed 2021-01-21
First, the Court determined that Nichols made generalized allegations that his prayerbook was taken and return was denied by Wardens Brown and Vigil, as well as Capt. Medina, Cecilia Baker, and A. Duran, but the Complaint and Amended Complaint did not contain factual allegations setting out the individualized actions of each Defendant or specifically how the actions of any Defendant violated Nichols’s constitutional rights. ... The generalized allegations do not state a § 1983 claim for relief.Read the full opinion on CourtListener →
A Section 1983 plaintiff must allege that each defendant personally participated in the deprivation of his rights.
(PC) Haygood v. Lindquist · filed 2021-01-22
Plaintiff must allege that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires allegations linking each defendant to the claimed constitutional violation.
Hill v. Black · filed 2021-01-22
... Plaintiff has adequately linked Defendants Black, Leach, Borrego, Avila, Reese, and Garcia to his claim based on Defendant Leach’s acts of “striking Plaintiff with [a] baton in [his] left shoulder and [the] side [his] head,” as well as Defendants’ acts of “punching and kicking Plaintiff after he was in full leg restraints for several minutes” and “repeatedly smashing Plaintiff’s face and neck into the floor with the[ir] knees and arms”; ... Dkt. 1 at 5, 7, 9.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in the alleged retaliation for liability.
CISLO v. ZATECKY · filed 2021-01-22
Because Mr. Cislo has not shown that Warden Zatecky was personally involved in the alleged retaliation, Warden Zatecky is entitled to judgmentas a matter of law.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s direct and personal involvement in the alleged constitutional violation.
Ferreira v. Doe · filed 2021-01-22
To state a claim under § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff names as Defendants two John Doe doctors and the Downstate superintendent, but the complaint does not contain facts showing how these individuals were personally involved in violating his rights.Read the full opinion on CourtListener →
Section 1983 imposes personal liability only when the defendant caused or participated in a constitutional deprivation.
Kudelka v. Hoftiezer · filed 2021-01-25
In any event, it is long settled 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) (citations omitted). Dr. Hoftiezer is not liable for other providers allowing Kudelka to continue to use Meloxicam beyond the time period he prescribed or for their failure to warn Kudelka of risks associated with that continued use.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to describe each defendant’s conduct; naming senior prison officials alone is insufficient.
Moralez v. Davis · filed 2021-01-25
Simply identifying the prison warden or the secretary of the entire prison system and failing to describe their conduct is insufficient.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the deprivation of rights; a position of authority alone is insufficient.
Mobley v. Farmer · filed 2021-01-25
Mobley cannot sue a defendant under 42 U.S.C. § 1983 merely because she is in a position of authority; instead, he must allege personal involvement in the deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant and the deprivation of rights for which the plaintiff seeks relief.
Engel v. CO1 · filed 2021-01-25
Furthermore, his ambiguous allegations do not satisfy the 42 U.S.C. § 1983 requirement that plaintiff establish a defendant’s “causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
An individual-capacity § 1983 claim against a sheriff requires allegations of the sheriff’s personal involvement in the alleged deprivation.
Davis v. Gossnell · filed 2021-01-25
However, Plaintiff has failed to allege that Sheriff Cloninger had any personal involvement in the incidents at issue and thus failed to state a claim against Cloninger in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires a named defendant’s personal involvement in the alleged deprivation of federal rights.
Haithcote v. Hutchinson · filed 2021-01-25
However, Plaintiff does not allege that any named Defendant was personally involved in this incident, and these allegations therefore fail to state a claim upon which relief may be granted under § 1983 as to any named Defendant.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant caused or participated in a constitutional deprivation.
Davis v. Peters · filed 2021-01-26
“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). It was Dr. Joseph’s decision whether to give Davis an injection, and Wisniewski cannot be held liable for Dr. Joseph’s decision not to do so.Read the full opinion on CourtListener →
A § 1983 plaintiff must plead facts showing that each defendant’s own actions violated the Constitution.
Daniels v. County of Alameda · filed 2021-01-26
To state a claim in a § 1983 action, a plaintiff must plead facts showing that each defendant’s “own individual actions . . . violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 permits a claim against officials alleged to have made or enforced orders that caused the claimed constitutional violation.
Bols v. Newsom · filed 2021-01-26
Wooten allegedly has been involved in fashioning the county shutdown orders that are alleged to deprive Bols of due process and Gore allegedly is in charge of enforcing those orders.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an officer who was not involved in the alleged denial of an inmate’s right to call a witness at a disciplinary hearing.
Bonham v. Baker · filed 2021-01-26
First, Judge Cobb determined that Defendant Gouveia was not involved in denying Plaintiff’s right to call a witness at his disciplinary hearing, and recommended summary judgment be granted as to Gouveia on this argument. ... The Court agrees with Judge Cobb’s findings.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged violation of rights.
Barkley v. Bumgardner · filed 2021-01-26
Barkley has thus failed to allege sufficient facts to establish that these two defendants had any personal involvement in the violation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the claimed violation.
Covert v. Houser · filed 2021-01-26
However, for a § 1983 claim to survive a motion to dismiss, the plaintiff must sufficiently allege that the defendant was personally involved in the act or acts that the plaintiff claims violated his rights. ... In the instant case, Plaintiff has not adequately pled facts regarding how the named Defendants were personally involved in the alleged violations of his constitutional rights.Read the full opinion on CourtListener →
A § 1983 claim requires allegations of each defendant’s personal involvement in the claimed violation.
Allam, Sr. v. McGinley · filed 2021-01-26
Allam has failed to plead the requisite personal involvement of the defendants listed in his complaint.Read the full opinion on CourtListener →
Personal involvement in medical care claims
Section 1983 permits claims against physicians who treat prisoners, but liability requires a causal link between the physician’s conduct and the injury.
Bugg v. Burrell, D.D.S. · filed 2020-10-09
Bugg’s complaint also fails to establish a causal link between Dr. Brown’s actions and plaintiff's injury. ... While contractual medical providers such as Dr. Brown can be held liable under § 1983, ... Dr. Brown was not on-site at LCC and as such had no control over Bugg’s post-operative care.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability on jail officials who reasonably rely on medical providers treating a detainee.
Miranda v. County of Lake · filed 2018-08-10
Because we find that Fitch and Hunter’s reasonable reli- ance on their medical providers shields them from liability under section 1983, we need not consider the County defend- ants’ alternative arguments for dismissal.Read the full opinion on CourtListener →
Non-medical prison officials cannot be held liable under § 1983 for reasonably relying on medical professionals’ judgment.
Allen, John L. v. Frank, Matthew J. · filed 2007-08-30
And the non-medical officials cannot be held liable for ... reasonably relying on the medical judgment of professionals.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant and the alleged rights deprivation; prison officials who were not responsible for medical decisions and did not fail to act with deliberate indifference are not liable.
Clarkson v. James E. Aiken, Dean Neitzke, D. Bruce Jordan · filed 1993-05-10
Clarkson has not alleged any facts tending to show that Aiken, Neitzke, Jordan, and Badger were responsible for any of the decisions concerning his medical treatment, or that they failed to act where such failure would amount to deliberate indifference to his serious medical needs. ... We therefore affirm the district court's grant of summary judgment in favor of Aiken, Neitzke, Jordan, and Badger.Read the full opinion on CourtListener →
Correctional officials who were not involved with a prisoner's medical decisions cannot be held liable under Section 1983 for inadequate medical treatment.
Morales v. Harden · filed 1993-12-20
The claims against the remaining Defendants, all correctional officials, were also appropriately dismissed on summary judgment. Those officials were not involved with medical decisions regarding Morales and thus cannot be held liable for any inadequate medical treatment he may have received.Read the full opinion on CourtListener →
Section 1983 liability for delayed medical care requires evidence that the defendant was responsible for the delay.
Williams v. Roy Mueller, Warden Clarence Davis, C.O. · filed 1994-01-11
The district court dismissed these counts because, assuming that Williams’s access to medical care had been delayed, Williams presented no evidence that Mueller was responsible for the delay. The record supports the district court’s ruling on this issue, and we ... thus affirm the dismissal of counts two and three.Read the full opinion on CourtListener →
Section 1983 does not make an arresting officer liable for a detainee’s alleged denial of medical care at the jail when the officer had no involvement in that care.
Newsome v. Webster · filed 1994-03-14
Stahler, the arresting officer, had nothing to do with Knox’s medical care at the jail and as a matter of law would not be accountable under § 1983 had she been denied proper medical care.Read the full opinion on CourtListener →
Section 1983 does not make a prison health care administrator liable for responding to an inmate’s medical grievances when he was not the treating physician.
Turner v. U. Sina, M.D. · filed 1995-07-13
Furthermore, the defendant Murray cannot be held liable for responding to the grievances when he was not the plaintiff's treating physician.Read the full opinion on CourtListener →
Section 1983 does not impose liability on jail officials for medical providers’ alleged constitutional violations when the officials are entitled to rely on the providers’ medical judgments.
Norris v. Detrick · filed 1996-03-01
Assuming, for purposes of summary judgment, that the medical treatment fell below the standard of care owed plaintiff, the defendants were, nonetheless, entitled to rely on their health care provider’s expertise and cannot be liable under § 1983 for any alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires the named defendants to be personally responsible for the alleged delay in medical treatment.
Kenny Woods v. Jerral Cannon · filed 1996-04-24
We also believe the district court correctly...concluded that Woods did not name as defendants the parties who may have been responsible for any delay in additional treatment.Read the full opinion on CourtListener →
A warden with no involvement in a prisoner’s medical treatment is not liable under § 1983 for a deliberate indifference claim based on that treatment.
Snipes v. George Detella, Doctor Ehrhardt, John L. Russian · filed 1996-09-09
Snipes’ deliberate indifference claim against Dr. Ehrhardt, and thus against Warden DeTella, who had no involvement in the treatment, is without merit.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal participation in the alleged unlawful conduct; officers are not liable for medical procedures performed by hospital staff without their participation.
Cameron v. Hendricks · filed 1996-09-27
There is no factual basis for holding the defendants liable for the actual manner in which the physician performed or administered the digital probe search of the plaintiffs rectum. The same holds true for the hospital staffs decision to strip the plaintiff and dress him in a hospital gown and to give him an enema. The plaintiff does not allege any facts showing the defendants’ participation in any of these acts.Read the full opinion on CourtListener →
Section 1983 does not support an inadequate medical care claim against defendants who had no duty to monitor the plaintiff’s care and were not otherwise involved in the denial of care.
Lowe v. Gibson · filed 1996-12-13
The magistrate judge recommended dismissing the complaint as frivolous, pursuant to 28 U.S.C. § 1915, because plaintiff failed to allege that defendants had any duty to monitor plaintiff’s medical care or were otherwise involved in the purported denial of care. ... Even liberally construing plaintiff’s complaint, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), it is evident that his claim against the OIDS employees for inadequate medical care lacks an arguable legal basis. We affirm the § 1915 dismissal substantially for the reasons stated by the magistrate judge and adopted by the district court.Read the full opinion on CourtListener →
An allegation of deliberate indifference to a prisoner’s serious medical needs is part of a § 1983 constitutional claim, not an independent cause of action.
Luther v. Compton · filed 1999-11-22
Because we conclude that the plaintiffs assertions of deliberate indifference do not state an independent cause of action but are, instead, part of his 42 U.S.C. § 1983 claim, we reverse only that portion of the intermediate court’s decision permitting additional discovery.Read the full opinion on CourtListener →
Section 1983 permits liability for denial of medical care when defendants knowingly ignore an objectively serious condition; negligence alone is insufficient.
Adams, Gregory v. Durai, U. · filed 2005-11-02
To establish § 1983 liability for denial of medical care, an inmate must demonstrate that he was suffering from an objectively serious medical condition that the defendants knew about but ignored. ... Negligence or even gross negligence does not give rise to an Eighth Amendment claim, but blatantly inappropriate treatment or intentional mistreatment is actionable under § 1983.Read the full opinion on CourtListener →
Section 1983 does not provide a cause of action for disagreement with medical care, unsuccessful treatment, negligence, neglect, or medical malpractice.
Johnson v. Sharp · filed 2008-04-15
Johnson’s disagreement with the care provided by Dr. Mai Tran on March 17, 2005, does not give rise to a § 1983 cause of action, nor does unsuccessful medical treatment, negligence, neglect, or medical malpractice.Read the full opinion on CourtListener →
Section 1983 permits prison administrators to defer to a treating physician’s judgment when an inmate has not alerted them that the physician is ignoring him.
Burse v. Komorowski · filed 2013-04-16
As administrators, Zwiers and Thorpe would have been required to take action if Dr. Heidorn was ignoring Burse, but this was not the concern Burse presented to them, and so they were free to defer to Dr. Heidorn’s judgment.Read the full opinion on CourtListener →
Section 1983 does not make correctional officials liable for medical staff’s treatment when they lack actual knowledge that intervention is needed to prevent a constitutional wrong.
Grissom v. Corizon, LLC · filed 2020-06-11
The law does not impose upon correctional officials a duty to directly supervise health care personnel, to set treatment policy for the medical staff, or to intervene in medical treatment decisions where the officials have no actual knowledge that intervention is necessary to prevent a constitutional wrong.Read the full opinion on CourtListener →
Personal involvement in arrest and search claims
Section 1983 permits an unlawful-arrest claim against an officer who sufficiently participates in the arrest, even if another officer makes it.
GOODWIN v. CRAWFORD COUNTY GEORGIA · filed 2020-02-21
Here, Goodwin has offered enough evidence from which a jury could conclude that Neesmith was sufficiently involved in Goodwin’s arrest to be subjected to § 1983 liability.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an officer whose involvement in an arrest is limited to clerically transmitting arrest documents to a court.
Lewis v. City of Boston · filed 1993-08-03
As for Officer Holland, the record reveals that his involvement with plaintiffs arrest was limited to transmitting the incident report, the arrest sheet and the application for compliant to the Boston Municipal Court. The court fails to see how this essentially clerical action can serve as the basis for liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an officer to the alleged arrest or use of force before that officer can be held liable.
Frigo v. Guerra · filed 1994-07-12
Because the issue can be disposed of quickly, this opinion first addresses Frigo’s claim that Guerra can be held accountable for whatever — either the arrest itself or the use of force — occurred post-chase on the side of the road. No basis exists for that claim.Read the full opinion on CourtListener →
Section 1983 permits liability for a person who directs or assists an unlawful arrest, even if that person does not make the arrest.
David Gordon, Individually and as Father and Next Friend of Adam Gordon v. Degelmann · filed 1994-08-22
The instruction was incorrect. One who directs or assists an unlawful arrest may be liable.Read the full opinion on CourtListener →
Section 1983 does not impose liability for a false arrest on officers who did not participate in that arrest.
John Sandul, Robert Sandul, and Devona Sandul v. Timothy Larion, Sgt. Robert Stevenson, and Sgt. Lawrence Little · filed 1995-04-11
We reiterate our holding that the district court erred in granting summary judgment to defendant Larion for plaintiff John Sandul's claim based on false arrest for disorderly conduct; however, the district court did not err in granting summary judgment to defendants Stevenson and Little for plaintiff's claim of false arrest based on disorderly conduct because they did not participate in this initial arrest.Read the full opinion on CourtListener →
Section 1983 requires a sufficient causal connection between a defendant officer and an allegedly unconstitutional arrest.
Morley's Auto Body, Inc. v. Hunter · filed 1995-12-18
However, the constitutionality of Solow's arrest is irrelevant insofar as the defendant in this case, Captain Graham, is concerned, unless a sufficient connection exists between Captain Graham and the arrest.Read the full opinion on CourtListener →
Section 1983 liability for an arrest requires a sufficient connection between the defendant and the arrest.
Morley's Auto Body, Inc. v. Hunter · filed 1996-02-27
However, the constitutionality of Solow's arrest is irrelevant insofar as the defendant in this case, Captain Graham, is concerned, unless a sufficient connection exists between Captain Graham and the arrest.Read the full opinion on CourtListener →
Section 1983 liability for a policy of illegal strip searches requires evidence that the defendants created or condoned the policy.
Black v. Cuomo · filed 1996-04-01
In addition, there was no evidence that the defendants created or condoned a policy of allowing illegal strip searches.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; an officer who did not participate in the plaintiff’s arrest cannot be liable for it.
Bryant v. Rudman · filed 1996-06-24
Accordingly, based on the lack of any evidence submitted by the plaintiff to even suggest a factual question about the nature of Detective Capobianco’s involvement in the plaintiffs arrest, and in light of the concession by the plaintiffs counsel at oral argument, it is clear that the plaintiff has no claim under § 1983 against Detective Capo-bianco.Read the full opinion on CourtListener →
A § 1983 claim against an officer cannot survive summary judgment when the evidence does not place him at the allegedly unlawful stop and arrest.
Gantt v. County of Nassau · filed 1996-12-09
We find, however, that there is no legitimate issue of fact as to whether Nassau County Detective "John” Browne was with Aresta when he stopped the vehicle and arrested the plaintiffs. At a hearing held pursuant to General Municipal Law § 50-h, the plaintiff George Gantt specifically testified that Aresta was alone and that there was no one else in his police car. In opposition to the defendants’ motions, Gantt submitted an affidavit in which he stated that both Aresta and Browne stopped the vehicle. Gantt cannot create an issue of fact by making statements in an affidavit which completely contradict his prior sworn testimony without offering any explanation for the contradiction. Therefore, the court erred in failing to dismiss the causes of action to recover damages for false arrest and assault against Browne and the County of Nassau and the cause of action based on violation of 42 USC § 1983 insofar as asserted against Browne.Read the full opinion on CourtListener →
Section 1983 permits a false-arrest claim against an officer when evidence of his assistance creates a factual dispute about his participation in the arrest.
Palmer v. Smith · filed 1996-12-24
The court's review of the evidence, however, reveals that it is sufficient to create a genuine issue of material fact as to whether McCall participated in plaintiff's unlawful arrest. McCall aided Daigle by positioning his cruiser in a good location and by holding the doors as Palmer was escorted out. Accordingly, McCall is not entitled to summary judgment on plaintiff's section 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires proof that the defendant caused or contributed to the alleged rights violation; an officer who did not participate in an arrest is not liable for that arrest.
Lemons v. Lewis · filed 1997-06-16
Plaintiff has presented no evidence to controvert Lewis’ assertion that she did not participate in any way in plaintiffs initial arrest. Consequently, plaintiff has not established that Lewis acted under color of state law, and caused or contributed to the alleged violation, see Jenkins, 81 F.3d at 994. Therefore, Lewis is entitled to summary judgment on any claim of false arrest regarding plaintiffs initial arrest.Read the full opinion on CourtListener →
Section 1983 liability for an unlawful arrest can extend to officials whose intentional actions set the arresting officer in motion.
Berg v. County of Allegheny · filed 2000-07-17
It is thus clear that § 1983 liability for an unlawful arrest can extend beyond the arresting officer to other officials whose intentional actions set the arresting officer in motion.Read the full opinion on CourtListener →
Section 1983 permits joint and several liability for officers who actively assist an unlawful arrest, even if they do not personally place the plaintiffs in handcuffs.
Wesby v. District of Columbia · filed 2012-01-18
As such, Khan, Espinosa and Parker are jointly and severally liable with whomever actually placed the Plaintiffs in handcuffs and transported them to the police station.Read the full opinion on CourtListener →
Pleading each defendant’s personal involvement
A § 1983 complaint must identify what each defendant allegedly did so each has fair notice of the claim.
Crespin v. Albuquerque Police Department · filed 2020-09-28
Although the above factual allegations would ordinarily survive initial review, the original complaint failed to identify the officers involved in his arrest. ... For example, Plaintiff was reminded that “[a] successful § 1983 complaint must make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claim against him or her.” ... The Court will therefore dismiss this action pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted.Read the full opinion on CourtListener →
A § 1983 claim must identify the defendants; a generic reference to medical staff is insufficient.
Urban v. Mohr · filed 2019-10-23
Plaintiff’s generic reference to “medical staff” is insufficient to state a plausible § 1983 claim for the same reasons as discussed above.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each named defendant to an affirmative act or omission that violates the plaintiff’s federal rights.
(PC) Anderson v. California Medical Facility · filed 2019-08-06
In order to state a claim for relief under 42 USC § 1983, plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff’s federal rights. ... Plaintiff has not met these requirements here.Read the full opinion on CourtListener →
Section 1983 does not require a plaintiff to identify each officer’s specific actions at the motion-to-dismiss stage when the complaint plausibly alleges that the officers participated in the misconduct or failed to intervene.
Robinson v. Farley · filed 2017-09-01
Exactly who did what is not asserted, but this is not a fatal omission, because a plaintiff is not required to make such specific allegations at the motion-to-dismiss stage, as explained above.Read the full opinion on CourtListener →
A § 1983 claim against individual defendants must identify whose constitutional rights were violated and what each defendant did to violate them.
Thomas v. New York City Department of Education · filed 2013-03-29
In the Prior M & 0, this Court advised Plaintiff that if she wished to allege a cause of action pursuant to 42 U.S.C. § 1983, she had to “specifically allege which defendants violated Plaintiffs Constitutional rights, what each defendant did to violate those rights, and which Plaintiffs’ rights were violated.” ... The Amended Complaint did not include these specific allegations, thereby implying that Plaintiff is not seeking to raise § 1983 claims against any of the individual defendants.Read the full opinion on CourtListener →
In a § 1983 suit against multiple government actors, the complaint must identify what each individual allegedly did so each has fair notice of the claim against them.
Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human Services · filed 2008-03-21
In § 1983 cases, defendants often include the government agency and a number of government actors sued in their individual capacities. Therefore it is particularly important in such circumstances that the complaint make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her, as distinguished from collective allegations against the state.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on prison board members without allegations of their individual involvement or indifference to a pervasive risk.
Glick v. Dr. F.M. Henderson · filed 1988-08-25
There simply has been no allegation of individual involvement or indifference to a pervasive risk sufficient to hold these parties individually liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires factual support showing that the defendant personally caused or contributed to the alleged deprivation; conclusory allegations of intentional, reckless, or negligent conduct are insufficient.
Watkins v. Johnson · filed 1974-05-14
I find not the slightest inference from the circumstances alleged that Johnson either intentionally, recklessly, or even through negligence, caused or contributed to the occurrence of these events. ... “Assuming that there is a duty under Pennsylvania law to make reasonable efforts to keep plaintiff in ‘safe custody,’ there is no allegation of facts indicating intentional action by these defendants ‘under color of’ state law subjecting plaintiff or causing plaintiff to be subjected to deprivation of his civil rights. * * * This court has repeatedly held that conclusory allegations, such as ‘intentionally, wilfully and recklessly,’ without supporting facts are not sufficient to make out a complaint under 42 U.S.C. § 1983. ...”Read the full opinion on CourtListener →
Section 1983 requires an allegation that the defendant was personally involved in depriving the plaintiff of constitutional rights.
Prochaska v. Fediaczko · filed 1979-07-12
We agree that an essential element of a 42 U.S.C. § 1983 action requires that the personal involvement of the defendant in the deprivation of the plaintiff’s constitutional rights be alleged.Read the full opinion on CourtListener →
Section 1983 requires allegations showing a defendant's personal involvement in the challenged conduct.
Polk v. MONTGOMERY COUNTY, MD. · filed 1982-09-30
The absence of any allegations that Sheriff Young was personally involved in Ms. Polk’s arrest and imprisonment is fatal to the complaint as it relates to defendant Young.Read the full opinion on CourtListener →
A Section 1983 complaint must plead particularized facts showing a causal link between the defendants and the claimed constitutional deprivation.
Peterson v. McWhether · filed 1985-03-18
Particularized facts demonstrating a constitutional deprivation are needed to sustain a cause of action under the civil rights act. ... The appellant's allegations do not establish a causual link between the appellees and the claimed constitutional deprivation, and therefore, he has not stated a cause of action.Read the full opinion on CourtListener →
A Section 1983 claim against a prison official requires an allegation that the official was directly involved in the alleged deprivation.
Burden v. Dale Foltz, Transportation Sargent Beacon, Medical Director Jacobson · filed 1986-02-12
Likewise, the complaint was properly dismissed as to defendant Jacobson since appellant did not allege that Jacobson was directly involved in denying appellant medical treatment.Read the full opinion on CourtListener →
Section 1983 damages require personal involvement in the alleged constitutional deprivation; a supervisor whose participation is absent from the complaint and affidavit is entitled to summary judgment.
Johnson v. Commissioner of Correctional Services · filed 1988-11-21
Plaintiff, in this case, has failed to allege any type of involvement by the Commissioner in the alleged violation, while the Commissioner has averred that he did not participate. Where, as here, the complaint, and plaintiffs affidavit, read most liberally, are silent on the issue of defendant’s participation, the Court must grant summary judgment for defendant Commissioner.Read the full opinion on CourtListener →
A § 1983 complaint must allege a defendant’s involvement in the asserted deprivation or state another claim against that defendant.
Valandingham v. Bojorquez · filed 1989-01-30
However, Valandingham failed to allege in his complaint that Lewis was involved in the alleged conspiracy. C.R. 1. Nor did Valandingham state any other claim against Lewis.Read the full opinion on CourtListener →
A Section 1983 complaint must allege specific facts showing the involvement of each individual defendant.
Sellner v. District of Columbia · filed 1989-08-11
A complaint alleging Sec. 1983 violations must contain specific factual allegations demonstrating the involvement of individual defendants.Read the full opinion on CourtListener →
Section 1983 liability requires allegations of the defendant’s personal involvement in the alleged violation.
Howard v. Philip J. Heffron, Sheriff of Kent County Correctional Facility · filed 1989-09-20
Moreover, Howard did not allege any personal involvement by the defendant which would support a finding of liability.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant condoned, encouraged, or participated in the alleged misconduct to establish personal involvement.
Kinard v. Lloyd May Ms. Newstead Linda Nelson · filed 1989-09-22
Finally, the district court correctly dismissed Kinard's complaint against defendant May as Kinard did not allege that May condoned, encouraged, or participated in the alleged conduct.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement before prison administrators can be held liable for medical decisions.
Cotham v. Reynolds · filed 1989-10-20
Moreover, the district court properly dismissed the administrative defendants because there was no allegation that they were personally involved in the medical decision-making process.Read the full opinion on CourtListener →
Section 1983 requires specific allegations against an individual defendant; dismissal is proper when the complaint makes none against that person.
Ellis v. Jerry Butler, L.P.N. Maximum Security Unit, Jerry Ellis v. Dr. R. Jones, Lpn B. Marks, Maximum Security U · filed 1989-10-30
Because Ellis makes no specific allegations against L.P.N. B. Marks in the second complaint, however, dismissal as to him was proper.Read the full opinion on CourtListener →
Section 1983 requires allegations of personal involvement or an official policy to state a claim against defendants.
Mallette v. Dunning · filed 1990-01-24
Dismissal of all claims against the remaining defendants was proper, as Mallette fails to allege either personal involvement or official policy sufficient to state a claim against these defendants...Read the full opinion on CourtListener →
Section 1983 claims against an individual require factual allegations connecting that defendant to the alleged violations.
Strable v. State of South Carolina · filed 1990-02-23
Although the district court may not have correctly decided if the Clerk of the Supreme Court, Clyde N. Davis, has immunity, cf. McCray v. State of Maryland, 456 F.2d 1 (4th Cir.1972), Davis was properly dismissed under 28 U.S.C. Sec. 1915(d) since no factual allegations have been offered to support Strable's claims or to connect Davis with any violations.Read the full opinion on CourtListener →
Section 1983 allows a complaint to establish supervisory officials’ personal involvement by alleging that they knew of, created, acquiesced in, or failed to correct or prevent constitutional deprivations.
Mihalcik v. Lensink · filed 1990-03-09
The complaint, read broadly and with all reasonable inferences drawn in plaintiffs’ favor, would reasonably permit an inference that defendants, as Commissioners, had sufficient knowledge of, created, acquiesced in, or have, are or will fail to correct or prevent the alleged constitutional deprivations so as to be personally involved for § 1983 purposes.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant engaged in conduct resulting in the loss of protected rights.
Logsdon v. Parke · filed 1990-03-21
Additionally, claims against defendant Robinson were properly dismissed because Logsdon failed to allege any conduct by Robinson which resulted in the loss of protected rights. See Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155-57 (1978).Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege that each defendant encouraged or actually participated in the constitutional violation.
Jackie H. Campbell, Jr. v. Luther Townley, Clinic/hospital Administrator of Morgan County Regional Correctional Facility · filed 1990-04-09
Plaintiff has not alleged any acts taken by the defendant by which plaintiff was prevented from receiving medical care or for which the defendant should be held responsible for the conditions alleged on "Longline # 6." A complaint which fails to allege that a defendant encouraged or actually participated in a constitutional violation will be dismissed as to that individual.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to the events that caused the plaintiff’s injury.
Rodriguez v. John Jabe Robin Pratt G.T. Lamb R. Cole R. Niciporek R. Mannin K. Reedy Jon Lake · filed 1990-06-19
Plaintiff's claims against those individuals are without a basis in law as the complaint is totally devoid of allegations as to them which would suggest their involvement in the events leading to his injuries. Hence, the complaint presents no legal theory to support a cause of action under 42 U.S.C. Sec. 1983 against defendants Lake and Reedy for violation of his eighth amendment rights.Read the full opinion on CourtListener →
A § 1983 complaint must allege an official's personal involvement in the alleged harm; naming the official only in the caption is insufficient.
Austin v. State Industrial Insurance System · filed 1990-07-16
Defendant Laury Lewis, as general manager of SIIS, is named in the caption of the complaint, but Austin makes no factual allegations regarding Lewis in the body of the complaint. Austin also fails to allege any facts showing the personal involvement of Lewis or any actions taken by Lewis resulting in the alleged harm. Thus, the complaint does not identify Lewis as a defendant.Read the full opinion on CourtListener →
A § 1983 claim against a state official requires allegations that the official had a role in the alleged deprivation; an attorney general’s duty to defend state officers alone does not suffice.
Longmire v. William Guste, Jr. · filed 1991-01-24
The magistrate’s report did not address this issue and the record is incomplete as to whether Longmire alleged that the attorney general had any further role in Longmire’s deprivation. If not, upon remand the action as to Attorney General Guste should be dismissed.Read the full opinion on CourtListener →
Section 1983 requires allegations that an individual defendant was personally responsible for, or tacitly authorized, the challenged conduct.
Wilkins v. Correctional Medical System · filed 1991-03-19
However, Wilkins failed to allege that any of the five individual defendants was personally responsible for, or tacitly authorized, the delay in treating his foot problems. Rather than dismissing this claim, the district court should have afforded Wilkins the opportunity to amend his complaint to bring the proper defendant before the court.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead and prove that each individual defendant was personally involved in the conduct underlying the claim.
Eckford-El v. Toombs · filed 1991-03-27
To establish liability under section 1983 against an individual defendant, plaintiff must plead and prove that the defendant was personally involved in the activity that forms the basis of the complaint.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; conclusory allegations against a supervisor do not state a claim.
Johnson v. "John Doe" Keesler, Officer, Robert Atherton, Unit Manager, Robert Brown, Jr., Correction Director · filed 1991-03-28
The district court correctly concluded that Johnson's claim against Brown is insufficient to state a cause of action under Sec. 1983. Johnson has alleged no personal involvement by Brown in the claimed violations of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires allegations or proof that county officials condoned, encouraged, or participated in the alleged misconduct to hold them personally liable.
Gibson v. Stratton · filed 1991-04-10
Gibson has not alleged or shown that the members of the county fiscal court, the administrator of the jail, or the county judge-executive, condoned, encouraged or participated in any alleged misconduct, in order for them to be held liable in this Sec. 1983 action.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant absent allegations of personal involvement in the challenged conduct.
Ogunleye v. State of Okl. · filed 1991-05-28
Plaintiff failed to make any allegations regarding Dick's personal involvement in this case. Dick therefore cannot be liable under section 1983 or 1985.Read the full opinion on CourtListener →
Section 1983 requires allegations tying each defendant to the conduct that allegedly deprived the plaintiff of constitutional rights.
Pratt v. Rowland · filed 1991-06-28
The supplemental complaint is filled with vague statements regarding the conduct of “defendants,” but lacks specific allegations tying defendants Vasquez, Borg, and Year-wood to the conduct which allegedly deprived Pratt of his constitutional rights. ... Thus the Court dismisses the claims against Vasquez, Borg, and Yearwood with leave to amend.Read the full opinion on CourtListener →
A § 1983 retaliatory transfer claim must be attributable to a defendant named in the operative complaint.
Fullerton v. Maynard · filed 1991-08-29
However, we are not satisfied from our review of the record that Fullerton's alleged retaliatory transfer is properly attributable to one of the defendants who are named in the amended complaint and who were served with a copy of that complaint. Therefore, we remand to the district court for a determination whether Fullerton's alleged retaliatory transfer may be attributed to one of the defendants named in the amended complaint.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant personally participated in the alleged deprivation; a general allegation that a department received notice does not establish that participation.
Yepez v. Major Price, Superintendent, A.V.C.F., and Lt. John Waitt, Maintenance Supervisor, A.V.C.F. · filed 1991-09-03
Of course, the district court did not consider the additional allegation that the maintenance department had been informed of the problem. Plaintiff included that allegation in his appellate brief. Notwithstanding, this additional and general allegation does not push the complaint over the personal participation and deliberate indifference hurdles inherent in this type of claim.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege sufficient personal involvement by the named defendant.
Vernel Knight v. Clark · filed 1991-10-10
The complaint thus fails to allege sufficient personal involvement on the part of defendant Clark to state a claim under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires allegations of the defendant’s personal participation in the alleged violation.
Drum v. Fountain · filed 1992-03-06
The court finds plaintiffs allegations, even if true, do not demonstrate any personal participation on the part of the City Attorney for the City of Hutchinson.Read the full opinion on CourtListener →
Section 1983 individual-capacity claims must plead facts indicating each defendant’s personal involvement in the alleged constitutional violation; conclusory allegations are insufficient.
Perez v. Lane · filed 1992-03-19
While Plaintiff need not prove his case at the pleading stage, he must allege facts, not mere conclusions, indicating the defendants’ personal involvement in the allegedly unconstitutional activities.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials based only on an allegation that they should have known what was occurring in the prison system.
Richardson v. Romer · filed 1992-04-09
Richardson argues that these defendants should not have been dismissed because they should have known what was occurring in the prison system. This allegation alone is insufficient to state claim for relief under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a complaint against individual state officials to allege specific facts showing each official’s personal involvement in the alleged deprivation; conclusory allegations of administrative implementation do not suffice.
Abbatematteo v. State of Rhode Island, 91-7403 (1992) · filed 1992-05-29
The instant complaint fails to set forth "minimal facts" as to what the individual defendants did or failed to do in their alleged personal capacities that caused plaintiffs' alleged deprivation. The mere allegation that the individual defendants "implemented" the payment of certain retirement benefits pursuant to legislative directives does not constitute a well-pleaded cause of action under § 1983.Read the full opinion on CourtListener →
Section 1983 personal-involvement allegations are sufficient when the complaint identifies what was done to the plaintiff and which officers were involved.
Younger v. Chernovetz · filed 1992-06-10
The amended complaint, in paragraphs 9-18, makes specific allegations of fact sufficient to support a claim under 42 U.S.C. § 1983. The complaint is specific regarding what was done to the plaintiff and which officers were involved in the activity. The amended complaint is sufficient in its allegations.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s wrongful acts or a sufficient causal connection between the defendant’s conduct and the alleged constitutional violation.
Oladeinde v. City Of Birmingham · filed 1992-06-24
Nowhere do plaintiffs allege particular wrongful acts by Mayor Arrington and nowhere do plaintiffs allege a sufficient causal connection between the alleged free-speech violation and the Mayor's conduct. Absent these allegations, plaintiffs' complaint fails to state a section 1983 claim against the Mayor.Read the full opinion on CourtListener →
Section 1983 requires specific factual allegations connecting an individual defendant to the alleged violation; vague allegations of collective wrongdoing do not state a claim against that defendant.
Oladeinde v. City of Birmingham · filed 1992-06-24
These vague allegations, which are supported by no specific factual allegations against the Mayor, constitute no basis for a section 1983 cause of action.Read the full opinion on CourtListener →
Section 1983 requires factual allegations supporting a claim against each individual defendant.
Simmons v. Barbara Buescher Dr. Michael Rosenbloom Dr. Arturo Taca Dr. Cayabyab, All Acting in Their Individual C · filed 1992-07-07
The district court correctly disposed of the complaint against Cayabyab because Simmons failed to allege any facts to support a claim against him.Read the full opinion on CourtListener →
An individual § 1983 claim requires cognizable allegations connecting the claim to a named defendant.
Shegog v. Gilless · filed 1992-10-20
Insofar as the complaint may be read as asserting Shegog's individual claims, no cognizable allegations are made with respect to any named defendant.Read the full opinion on CourtListener →
Section 1983 requires allegations linking the defendants to a deprivation of constitutional rights; mere conclusions and opinions do not establish that link.
Buchanan v. Karen Defew, Administrator of Offender Records Correction Cabinet Officials · filed 1993-01-22
Buchanan's mere conclusions and opinions do not link the defendants to any deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires allegations that provide a basis for holding each named defendant responsible.
Carver v. Heisner · filed 1993-02-24
Although named in the caption, Carver's complaint and supplemental narrative not only fails to mention the defendant county commissioners, but fails to allege any basis upon which to hold these individuals liable under section 1983.Read the full opinion on CourtListener →
Section 1983 claims require an allegation that a named defendant was responsible for the challenged deprivation.
Hall v. Maynard · filed 1993-03-12
Because plaintiff failed to allege that any of the named defendants were responsible for the denial of showers or free postage, we uphold dismissal of these claims.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify the defendant responsible for the alleged constitutional violation and plead facts linking that defendant to it.
Teshome Abate v. Avenenti · filed 1993-04-02
Nevertheless, to state a claim under 42 U.S.C. § 1983, a plaintiff must identify which defendant has committed an alleged constitutional violation and plead facts affirmatively linking that defendant to the violation.Read the full opinion on CourtListener →
A § 1983 complaint must allege facts showing each defendant’s personal involvement in the claimed constitutional deprivation.
Dees v. Vendel · filed 1993-05-28
As a result, we hold that justice requires that the district court allow Plaintiff an opportunity to amend his complaint, if possible, to include a recounting of the facts surrounding his alleged injury, and the personal involvement of each Defendant in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 permits a claim alleging each defendant's participation in unconstitutional retaliation even when the allegations do not satisfy section 1985's conspiracy pleading requirements.
Schroeder v. Mabellos · filed 1993-06-17
As clarified, Schroeder’s claims do state a cognizable claim. If his allegations are true, the Defendants each participated in retaliating against Schroeder for the exercise of his First Amendment rights. Although Schroeder has not met the pleading requirements for section 1985 conspiracy liability, he has sufficiently pleaded a claim under section 1983.Read the full opinion on CourtListener →
Individual liability under § 1983 requires allegations of facts personally linking the defendant to the claimed constitutional misconduct.
Curtis L. Pride, Sr. v. Holden · filed 1993-08-02
To assert individual liability under Sec. 1983, a plaintiff must allege facts personally linking the defendants with the claimed constitutional misconduct.Read the full opinion on CourtListener →
A Section 1983 claim requires factual allegations that the defendant was personally involved in or had direct responsibility for the incidents resulting in injury.
Allen v. Purkett · filed 1993-09-28
Plaintiffs failed to allege any claim against Scott and Wright. While these parties are named as defendants in the complaint, no factual allegations are made in the complaint against them. See Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir.1985) (to state section 1983 claim against defendant, plaintiff must allege that defendant "was personally involved in or had direct responsibility for incidents that" resulted in injury).Read the full opinion on CourtListener →
A sheriff is not a proper § 1983 defendant when the complaint alleges no acts or omissions by the sheriff causing the asserted constitutional violations.
Dillier v. Richard Williams, Sheriff · filed 1994-01-13
Dillier, however, fails to allege any acts or omissions by the sheriff which resulted in the alleged constitutional violations. See King v. Atiyeh, 814 F.2d 565, 568 (9th Cir.1987) (official must personally participates in the constitutional deprivation or be aware of the abuses and with deliberate indifference fail to prevent further misconduct). Accordingly as currently pleaded, the sheriff is not a proper party.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant personally performed an affirmative act connected to the alleged deprivation; unsupported allegations do not establish a triable claim.
Clooney v. Edwards · filed 1994-01-20
Clooney has failed to present any evidence raising a genuine issue of material fact concerning any of the elements of his section 1983 claim. First, he has not advanced any evidence that Edwards, Plue, or Tanner performed any affirmative acts.Read the full opinion on CourtListener →
Notes 62551–62700 of 71,725, oldest cases first.
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