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 jail supervisors
A § 1983 claim against an individual defendant requires evidence of that defendant’s personal involvement in the alleged deprivation.
Johnny Lacy, Jr. v. Berge · filed 1997-12-17
Summary judgment was entered in favor of defendant Laura Flood, apparently a prison employee whom Lacy contacted about referring Lutzow for criminal prosecution, for failure to show any personal involvement in the relevant claims. ... Lacy failed to identify any role played by Flood, or even her occupation, in his pleadings or summary judgment motion papers.Read the full opinion on CourtListener →
Section 1983 liability requires evidence that a defendant individually participated in the alleged violation.
Brady v. Persingey · filed 1997-12-17
With respect to Brady's claim of racial discrimination, we conclude that the record contains no evidence that any of the defendants engaged in intentional acts of racial discrimination. See Washington v. Davis, 426 U.S. 229, 239-40 (1976) (establishing that violation of the Equal Protection Clause requires evidence of discriminatory intent); Johnson v. Duffy, 588 F.2d 740, 743-744 (9th Cir.1978) (establishing that liability under § 1983 requires evidence of individual participation in the alleged violation).Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a constitutional violation.
Adame v. K.W. Prunty S.H. Garcia, Assistant Warden P.D. Washington, Program Administrator T.L. Wells W.J. Davis, T. · filed 1997-12-19
To the extent Adame appeals the dismissal of defendants Prunty, Garcia, and Washington, we affirm the dismissal because Adame failed to show the defendants personally participated in a constitutional violation.Read the full opinion on CourtListener →
Section 1983 claims against supervisory defendants require allegations that they personally participated in or directed the alleged violations.
Cunningham v. Oregon Department of Correction David Cook, Individually and Director Al Chandler, Individually and · filed 1997-12-19
Cunningham's remaining claims were properly dismissed on the grounds that Cunningham failed to allege defendants personally participated in or directed the alleged violations.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability for a supervisory official requires involvement in, knowledge of, or personal deliberate indifference to the alleged deprivation.
Henderson v. Sheahan · filed 1997-12-29
Henderson's claim against Sheahan in his individual capacity likewise fails: Henderson does not contend that Sheahan was involved in, knew of, or personally acted with deliberate indifference to CCDOC's failure to properly record his change of plea.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a defendant was personally responsible for the claimed deprivation of rights.
Donelli v. Foster · filed 1998-01-06
By failing to allege that any of the defendants were responsible for Donelli’s alleged denial of continued, necessary medical treatment for his psychological condition, Donelli has failed to state a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged denial of constitutional rights to recover damages.
McNary v. Norman · filed 1998-01-06
Their conduct does not give rise to liability because they were not personally involved in the alleged denial of Mr. McNary's constitutional rights as is required to recover damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires proof of an individual defendant’s personal involvement in the alleged constitutional violation before monetary damages may be imposed on that defendant.
Davis v. Goode · filed 1998-01-09
It is well-established that a prerequisite to imposing monetary damages upon an individual in a Section 1983 action is proof that the individual is personally involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 claims against individual officials require facts connecting their own acts to the alleged constitutional violation.
Gann v. N. Miner: Gregory Moreno J.P. Rempel · filed 1998-01-28
The district court correctly dismissed the § 1983 claims against appellees Leatherman and Dizmon under Fed.R.Civ.P. 12(b)(6), holding that the complaint did not allege a constitutional violation against these two defendants. The district court concluded that Gann did not state facts showing a causal connection between the acts of Leatherman and Dizmon and the alleged constitutional violations. Leatherman's postponement of the hearing does not demonstrate her complicity in the allegedly retaliatory acts of officers Miner, Rempel, and Moreno. Nor does Dizmon's ruling indicate that he condoned the acts of the other officers.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Paul v. Rugh · filed 1998-01-29
Accordingly, because plaintiff failed to establish an essential element of his case, i.e., that defendant Rugh personally participated in the injurious conduct, see Olson v. Stotts, 9 F.3d 1475, 1477 (10th Cir. 1993) (no liability under § 1983 unless defendant was personally involved in deprivation of plaintiff’s rights), summary judgment was appropriate.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation before damages may be awarded.
Sundbye v. Ogunleye · filed 1998-02-03
Accordingly, a defendant’s “personal involvement” is “a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged unlawful conduct.
Wilson v. Johnson · filed 1998-02-17
In order to state a claim for relief under § 1983 against a particular defendant, a plaintiff must show that defendant’s personal involvement in the purported unlawful conduct.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a defendant to the alleged constitutional deprivation, including responsibility for correcting the challenged condition.
John M. Holland, William G. Turpin, and Harry E. Ferguson v. Craig Hanks, Superintendent, Randy Hamilton, Terry Hylton · filed 1998-03-03
Nor did the plaintiffs allege that any of these four defendants had personal or official responsibility for correcting the alleged defects in the WVCF ventilation system. The district court did not err in dismissing these four defendants.Read the full opinion on CourtListener →
Section 1983 does not impose liability for denied medical care on an officer who was not part of the infirmary and was never asked for medical care.
Johnson v. Armstrong · filed 1998-03-05
Finally, to the extent Johnson has also claimed that he was denied adequate medical attention following the alleged incident, Armstrong is not liable for such a claim, as it is undisputed that he was a correctional officer--not a member of the jail&s infirmary--and Johnson does not allege he asked Armstrong for medical care.Read the full opinion on CourtListener →
A § 1983 complaint may proceed against an individual defendant when it alleges his personal wrongdoing and action under color of law.
Ferguson v. Fleck · filed 1979-11-20
For example, plaintiff alleges that “during the fire defendant caused the jail to be locked up and fled for a long period of time while leaving the plaintiff to almost instant death,” thereby claiming personal wrongdoing on the part of defendant. This, together with statements that defendant was aware of poor jail conditions and failed to take reasonable care to avoid a fire, and that he was acting under color of law and had the authority and power to correct the conditions, would relate to the supposed failings of which plaintiff complains.Read the full opinion on CourtListener →
Section 1983 damages liability requires the defendant’s personal involvement in the alleged deprivation.
Young v. Peoria Housing Authority · filed 1979-11-21
The alternative ground for granting summary judgment for these defendants is that liability for damages under § 1983 requires personal involvement by the defendant in the alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for individual liability.
Jackson v. DeTella · filed 1998-03-16
In order to state a claim for personal liability under § 1983, Jackson must allege that Defendants were personally involved in the deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires personal participation in the alleged violation.
Castillo v. Angie Lopez J. Sanuy · filed 1998-03-17
Castillo failed to establish that Lopez participated in the decision to place Castillo in administrative segregation instead of releasing him to the general population. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (establishing that § 1983 liability must be based on personal participation in the alleged violation).Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant requires evidence of that defendant's personal participation.
Flynn v. Wood · filed 1998-03-17
We also agree with the district court that Flynn failed to produce any evidence of personal participation by defendant Wood.Read the full opinion on CourtListener →
Section 1983 requires evidence identifying the defendants responsible for an alleged property deprivation to survive summary judgment.
Griffey v. Borg · filed 1998-03-17
Because Griffey submitted no evidence establishing what property defendants had confiscated and destroyed, which defendants were responsible for this conduct, or that he lacked an adequate post-deprivation remedy at state law, we conclude that the district court properly granted summary judgment for defendants on Griffey's claim that defendants confiscated and destroyed his personal property and legal materials.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; an officer who neither participates in, directs, nor supervises a search cannot be held liable for it.
Dettelis v. City of Buffalo · filed 1998-03-28
For these reasons, I find that Groebe did not personally participate in the search, nor did he direct or supervise the search. Therefore, he cannot be held liable as a matter of law under § 1983.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by a state official sued in an individual capacity before damages may be awarded.
K & a RADIOLOGIC TECHNOLOGY SERVICES, INC. v. Wing · filed 1998-04-01
Personal involvement on the part of a state official being sued in his individual capacity is a prerequisite to an award of damages under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s direct and personal involvement in the constitutional deprivation.
MacKey v. PROPERTY CLERK OF NY CITY POLICE DEPT. · filed 1998-05-27
In a § 1983 action, the plaintiff "must allege direct and personal involvement on the part of a defendant in the alleged constitutional deprivation." Casaburro v. Giuliani, 986 F.Supp. 176, 182 (S.D.N.Y.1997). The complaint contains no such allegations. Therefore, the claims against these defendants are dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded against that defendant.
Rosales v. Coughlin · filed 1998-06-11
In this Circuit, personal involvement of a defendant in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983. ... Plaintiff has not adduced evidence that creates a triable issue of fact as to these defendants’ personal involvement in the events at issue under any of these approaches.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the alleged constitutional deprivation; signing a complaint after an arrest does not establish liability for that arrest.
Johnny Jenkins and Middie Jackson v. Patrick Keating and Michael Murray · filed 1998-06-16
Because Keating signed the complaint after Jackson’s arrest, Sloman does not compel us to depart from our conclusion that Keating played no role in effectuating the constitutional violation alleged herein.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for a constitutional deprivation before a defendant can be held individually liable.
Mack v. O'Leary · filed 1998-06-17
Section 1983 creates a cause of action predicated on personal liability and individual fault; there will be no liability unless a defendant is found personally responsible for the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of constitutional rights.
Cooper v. McCormick · filed 1998-06-30
Cooper has not alleged that Justice McCormick did anything to violate his constitutional rights. There is not a shred of evidence that Justice McCormick ever came into contact with the petition Cooper attempted to file with the Texas Court of Criminal Appeals.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officers who merely observe another officer search property without participating.
DePugh v. Lightfoot · filed 1998-07-06
After de novo review, we affirm the grant of summary judgment to Endicott and Lightfoot because DePugh did not show Endicott and Lightfoot did anything other than observe Swearingin open and search the briefcase at the police station.Read the full opinion on CourtListener →
Section 1983 liability requires an official's own actions to have a direct effect on the deprivation of rights; it cannot rest on respondeat superior.
Williams v. Norris · filed 1998-07-06
There was therefore sufficient evidence for the district court to find Smith and Cruiseturner liable under § 1983 for violating Williams' eighth amendment rights. ... This contention fails because they were found liable for their own actions and the direct effect they had on Williams. The court did not rely on respondeat superior.Read the full opinion on CourtListener →
A § 1983 claim against officials fails without evidence that they personally participated in or knew of the alleged constitutional violations.
Huffman v. Norris · filed 1998-07-09
Having reviewed the record, we conclude dismissal was proper because Huffman failed to offer evidence that either defendant personally participated in or had knowledge of the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional deprivation.
Withrow v. Bartlett · filed 1998-07-16
Furthermore, plaintiff has failed to allege any specific personal involvement of defendants Bartlett, Aidala, concerning his subsequent transfer to Clinton Correctional Facility.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement for damages; lacking formal authority to order a prison transfer does not alone establish a lack of involvement.
Jackson v. Johnson · filed 1998-07-23
And while Johnson lacks the authority to initiate or authorize a transfer, that is not to say that he was not personally involved in one or more of these transfer decisions. ... As this fails to comply with FED. R. CIV. P. 56(e), the defendants are not entitled to summary judgment on the ground that they lacked personal involvement in the transfers.Read the full opinion on CourtListener →
Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional violation.
Alencastro v. Sheahan · filed 1998-07-28
As a rule, an individual cannot be held liable in a section 1983 action absent a finding that he or she caused or participated in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s direct involvement in the alleged constitutional violation for individual-capacity liability.
Alencastro v. Sheahan · filed 1998-07-28
Based upon the foregoing and the fact that plaintiff has failed to show that defendant was in any way directly involved in the instant eviction incident, we believe that plaintiff's "individual capacity" section 1983 claim lacks merit.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect a named defendant to the alleged deprivation of rights.
Aguilar v. Johnson · filed 1998-08-06
Nonetheless, because Aguilar failed to connect any named defendant to the denial of medical attention for any serious medical need, see Wesson v. Oglesby, 910 F.2d 278, 283-84 (5th Cir. 1990), we hold that the magistrate judge did not abuse her discretion in dismissing the claim.Read the full opinion on CourtListener →
Section 1983 requires specific facts showing each defendant’s personal involvement in or responsibility for the alleged violation.
Ellis v. Norris · filed 1998-08-11
Despite having been ordered to amend his complaint to clarify how more than fifty defendants upon whom he sought service had violated his constitutional rights, Mr. Ellis failed to allege specific facts supporting any individual defendant&s personal involvement or responsibility for the violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to allege the defendant’s direct or personal involvement in depriving the plaintiff of a federal constitutional right.
Hudak v. Miller · filed 1998-08-21
In order to properly plead a damage claim under 42 U.S.C. § 1983, the plaintiff must allege the defendant’s direct or personal involvement in depriving the plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the deprivation of the plaintiff’s civil rights.
Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON, Defendant-Appellee · filed 1998-08-26
Liability under § 1983 must be based on the personal involvement of the defendant.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was involved in violating the plaintiff’s legal rights.
Darlene F. Chambers v. Schriro · filed 1998-09-04
Summary judgment was also proper ... as to her claim against Sheriff Harmon, because there was no evidence he was involved in violating her legal rights, see Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for a damages claim against that defendant.
Higgins v. City of Johnstown, New York · filed 1998-09-17
Since no evidence of personal involvement has been demonstrated with respect to the claims made by Pa-ton and Knoblauch, their causes of action against Chief Cook and Papa must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires personal involvement, which may be adequately pleaded through allegations that each defendant took or knew of actions causally connected to the alleged deprivation.
Catlett v. Peters · filed 1998-09-19
Certainly it is consistent with Catlett’s allegations that each of the defendants played some role in the deprivation of his due process rights. Each defendant is alleged to have taken or to have known of actions that were causally connected to Catlett’s discharge and the subsequent hearing at which he alleges he was denied the opportunity to cross-examine the state’s witnesses and to present rebuttal witnesses.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the challenged conduct.
Nabert v. Murphy · filed 1998-09-21
After de novo review, we conclude the magistrate judge correctly granted judgment as a matter of law in favor of defendants Max Mobley and Sharilyn Bealer, see Sip-Top, Inc. v. Ekco Group, Inc., 86 F.3d 827, 830 (8th Cir. 1996) (standard of review), because there was no evidence that either of these defendants was involved in the treatment decisions about which Mr. Nabert complained, see Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997).Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to show the defendant’s personal involvement, participation, or direct responsibility for the challenged conditions.
Zimmerman v. Tippecanoe Sheriff's Department · filed 1998-09-22
Section 1983 creates a cause of action for damages based on personal liability; a plaintiff must show the defendant’s personal involvement or participation, or direct responsibility for the conditions of which he complains.Read the full opinion on CourtListener →
Section 1983 claims against prison supervisors may proceed when evidence creates a factual dispute over whether they directed officers to deny an inmate medical appointments.
Ramos v. O'CONNELL · filed 1998-09-29
It is clear from the above that the record currently contains sufficient information to create a question of fact as to whether Gavi-gan and Coffey directed security officers to not release plaintiff for medical appointments.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of rights; committee members who only recommend whether confinement should continue lack the required involvement in the confinement decision.
Edmonson v. Coughlin · filed 1998-09-30
The ASRC is not authorized to release an inmate from AS, or to order his continued confinement. Its only authority is make a recommendation to the superintendent. ASRC members, therefore, did not have personal involvement in Edmonson’s AS confinement, and the complaint must be dismissed, as against them.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement before damages may be awarded against that defendant.
McPherson v. Coombe · filed 1998-10-20
Personal involvement of a defendant is a prerequisite to any award of damages under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting an individual defendant to the alleged deprivation; a board member’s vote alone did not state an individual-capacity claim here.
Roberts v. Board of Education · filed 1998-10-30
These allegations do not state a claim for deprivation of due process against Mr. Daniels, Mr. Webb, or Mr. Williams in their individual capacities. Dr. Roberts has not made any allegations against Mr. Webb other than that he voted for her termination. She also has not made any allegations from which it can be reasonably inferred that Mr. Daniels or Mr. Williams participated in a due process deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.
Frischenmeyer v. Buffington · filed 1998-11-04
“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.”Read the full opinion on CourtListener →
Section 1983 requires a connection between the named defendants and the alleged constitutional violation.
Lopez v. Smith · filed 1998-11-09
Because Lopez failed to demonstrate any connection between the named defendants and the alleged constitutional violation, the district court’s grant of summary judgment was proper.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the conduct challenged in the claim.
James H. Higgason, Jr. v. County of Sullivan · filed 1998-11-25
Higgason originally named eleven defendants, seven of whom were properly dismissed because they were not personally responsible for the actions of which he complained.Read the full opinion on CourtListener →
A Section 1983 complaint survives a personal-involvement challenge when it alleges sufficient misconduct by the defendant official.
Augustine v. Edgar · filed 1983-12-13
Under the standard enunciated above for sustaining a complaint under a motion to dismiss, the plaintiff’s complaint does allege sufficient misconduct by Logan.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s participation in the alleged wrong to state a claim against that defendant.
K.U. v. Alvin Indep Sch Dist · filed 1998-12-21
We agree with the district court that K.U. completely failed to allege any facts that state a claim against Virgil Tiemann, and we affirm its dismissal of claims against him on that ground.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for personal liability.
Carson v. Lewis · filed 1999-02-04
A prerequisite to § 1983 liability is the personal involvement of the defendant in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 working condition claims require specific allegations of wrongdoing by each defendant.
Baumann v. Walsh · filed 1999-02-05
Plaintiff brought his working condition claims against all Defendants, but made no specific allegations of wrongdoing against any defendant other than McCollum. Therefore, just as Magistrate Judge Sharpe did in his Report-Recommendation, this Court construes the claim as being against Defendant McCollum alone.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement before damages may be awarded.
Crawford v. Coughlin · filed 1999-02-09
Personal involvement of a defendant is a prerequisite to an award of damages under § 1983.Read the full opinion on CourtListener →
Section 1983 claims against a defendant require allegations connecting that defendant to the claimed violation.
West v. St. Charles County · filed 1999-02-11
The District Court1 dismissed West’s claims against two defendants, as there were no allegations against them; ... Upon a thorough review of the record and the parties’ briefs, we conclude the District Court properly dismissed the first two defendants and properly granted summary judgment as to the third defendant.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant was personally involved in depriving the plaintiff of a constitutional right.
Ahearn v. Vose · filed 1999-02-15
The defendants may only properly be held liable in so far as the plaintiff proves that the defendants were personally involved in depriving the plaintiffs of their constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a named defendant personally participated in the challenged conduct.
White v. Braley · filed 1999-02-26
Mr. White also failed to allege that a named defendant was personally responsible for delaying his PPCS removal hearing.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability on an officer who merely approves a probable-cause finding after another officer makes an arrest.
Samuel v. City of Chicago · filed 1999-03-02
Accordingly, as signing a criminal complaint does not give rise to a § 1983 claim, the equivalent approval of the finding of probable cause to arrest by Kelly, without more, does not give rise to a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have contributed to the alleged constitutional injury; merely responding to others’ inquiries does not establish that connection.
Hoffman v. County of Delaware · filed 1999-03-12
Further, Whitten took no part in the decision to seek or issue the pick-up order or to admit Hoffman to the hospital. Rather, Whitten merely responded to inquiries by Hamilton and Masters. Thus, it cannot be said that Whitten sufficiently contributed to any alleged Constitutional injury sufficient to support a claim pursuant to 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability in a personal capacity.
Riley v. Town of Bethlehem · filed 1999-03-30
Plaintiff has provided no evidence, however, that any of the remaining defendants were personally involved in the enforcement of the zoning code against her. ... Accordingly, these claims against the remaining defendants in their personal capacities are dismissed.Read the full opinion on CourtListener →
Section 1983 conspiracy liability requires evidence that the defendant was involved in the alleged conspiracy.
Rodriguez v. Herrera · filed 1999-04-16
Rodriguez failed to show that Harris was involved in the retaliatory conspiracy against him, see Pfannstiel v. City of Marion, 918 F.2d 1178, 1187 (5th Cir. 1990), and thus his claim would have been amenable to a directed verdict.Read the full opinion on CourtListener →
A § 1983 claim against officers for a seizure fails when they neither participated in nor knew about it.
Humiston v. Chief Of Police · filed 1999-05-04
The summary judgment evidence revealed 1) that the Department of Public Safety, and not the Austin police department, was the agency which seized Humiston’s vehicle and 2) that the defendants did not participate in or know about the seizure. The district court’s summary judgment dismissing Humiston’s claims against the Austin police officers was not error.Read the full opinion on CourtListener →
Section 1983 imposes liability only on a defendant who personally participates in the activity alleged to violate federal law.
Confederated Tribes & Bands of Yakama Indian Nation v. Locke · filed 1999-05-06
Section 1983 similarly imposes liability only upon a defendant who participates individually in the activity that allegedly violates federal law.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights; supervisory status alone does not establish liability.
Banks v. Person · filed 1999-05-12
A claim for a violation of constitutional rights cannot be based upon the doctrine of respondeat superior. ... In view of the foregoing, neither Lauture nor Person can be held liable in connection with Banks’ claim of excessive force.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal knowledge of and involvement in the alleged violation of rights.
Pendergrass v. Hodge · filed 1999-05-17
Thus, defendants must have had personal knowledge of and involvement in the alleged violations of plaintiffs constitutional rights for the action to proceed against them.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the conduct; a supervisor’s knowledge, consent, or deliberate, reckless indifference can establish that responsibility.
Thompson v. Huntington · filed 1999-05-21
In addition, the plaintiff must show that the defendant was personally responsible for the conduct in question. This requirement can be met not only by showing affirmative acts on the part of the defendant, but also by showing, in the case of a supervisor, for example, that the activity in question occurred with the defendant’s knowledge, consent or deliberate, reckless indifference.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the violation.
Wright v. Dee · filed 1999-05-28
A defendant will be liable under Section 1983 only when he is personally involved in the violation.Read the full opinion on CourtListener →
A § 1983 complaint must allege facts supporting each defendant's personal involvement or responsibility for the alleged violation.
Ellis v. Norris · filed 1999-06-01
Despite having been ordered to amend his complaint to clarify how more than fifty defendants upon whom he sought service had violated his constitutional rights, Mr. Ellis failed to allege facts supporting any individual defendant&s personal involvement or responsibility for the violations.Read the full opinion on CourtListener →
Section 1983 requires allegations of each individual defendant's personal involvement or responsibility for the alleged violation.
No. 97-1390 · filed 1999-06-01
Despite having been ordered to amend his complaint to clarify how more than fifty defendants upon whom he sought service had violated his constitutional rights, Mr. Ellis failed to allege facts supporting any individual defendant's personal involvement or responsibility for the violations.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s participation in the alleged wrong.
Montgomery v. Johnston · filed 1999-06-11
Montgomery does not allege that Ferris participated in the placement and confinement of the inmates in the recreational yard. Thus, the district court did not abuse its discretion in dismissing Montgomery’s recreational yard incident claim against Ferris.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued for damages in an individual capacity to be personally responsible for the deprivation of a constitutional right.
Brooks v. Sheahan · filed 1999-06-15
To recover damages under § 1983, the plaintiff must show that the defendant was personally responsible for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant’s conduct caused the alleged deprivation of rights.
New York State Inspection, Security & Law Enforcement Employees, District Council 82 v. New York State Public Employment · filed 1984-01-17
Defendants Carey, Frucher, and Regan are unconnected with any of these allegations, thus no § 1983 claim is stated against them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege or present evidence of a defendant’s personal involvement in the alleged constitutional violation.
Pineda v. City of Houston · filed 1999-07-29
Neither the facts alleged in plaintiffs’ First Amended Complaint, nor the facts asserted in plaintiffs’ response to defendants’ motion for summary judgment suggest that Willis was personally involved in the allegedly excessive use of force against Pedro Oregon Navarro. The court therefore concludes that Willis is entitled to summary judgment on plaintiffs’ claims for excessive use of force against Pedro Oregon Navarro because plaintiffs have failed either to allege or to present any evidence that he violated Navarro’s constitutional right to be free from excessive force.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the violation of the plaintiff’s constitutional rights.
Williams v. Fedor · filed 1999-08-04
Personal involvement in the violation of a plaintiffs constitutional rights is the sine qua non of § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to show that the defendant acted under color of state law and caused or contributed to the alleged constitutional violation.
Henry v. BOARD OF LEAVENWORTH COUNTY · filed 1999-08-04
To prevail on a claim for damages for a constitutional violation pursuant to 42 U.S.C. § 1983, plaintiffs must establish that defendants acted under color of state law and caused or contributed to the alleged violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s acts and the alleged violation.
Anderson v. ISD · filed 1999-08-05
In order to state a cause of action under § 1983, Anderson must identify defendants who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify defendants who were personally involved in the constitutional violation or whose acts are causally connected to it.
Anderson v. Pasadena Independent School District · filed 1999-08-05
In order to state a cause of action under § 1983, Anderson must identify defendants who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.Read the full opinion on CourtListener →
A § 1983 complaint against individual defendants survives dismissal when its factual allegations adequately show their personal involvement.
Watkins v. Colorado Dept. · filed 1999-08-09
Taking her statements as true, we conclude that at this stage of the proceedings, plaintiff has adequately set forth sufficient facts showing the personal involvement of these defendants to survive a motion to dismiss.Read the full opinion on CourtListener →
Section 1983 requires allegations that establish a specific defendant’s personal involvement; vague and conclusional allegations do not suffice.
Sanchez v. Putska · filed 1999-08-18
Although it is possible such allegations state a cognizable 42 U.S.C. § 1983 claim, see Madison v. Parker, 104 F.3d 765, 769 (5th Cir. 1997), the district court did not abuse its discretion in denying Sanchez Rule 60(b) relief as to this set of claims because Sanchez’s allegations have been too vague and conclusional to establish the personal involvement of any specific defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation before damages may be recovered.
K & A Radiologic Technology Services, Inc. v. Commissioner of the Department of Health · filed 1999-08-19
Personal involvement of the defendant in the alleged deprivation is a prerequisite to recovery of damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged deprivation for damages liability.
K&A Radiologic Technology Services, Inc. v. Commissioner Of The Department Of Health Of The State Of New York · filed 1999-08-19
Personal involvement of the defendant in the alleged deprivation is a prerequisite to recovery of damages under §1983.Read the full opinion on CourtListener →
A prison officer who encourages inmates to assault a prisoner may be personally involved in a § 1983 violation even if the officer is absent during the assault.
Snider v. D. Dylag, C/o Attica Correctional Facility · filed 1999-08-23
Dylag allegedly issued an order of permission for inmates to abuse Snider in close temporal relationship to the actual abuse of Snider. In this context, it is irrelevant that there is no allegation that Dylag was present when Snider was beaten.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged deprivation when damages are sought.
Sprint Spectrum L.P. v. Mills · filed 1999-08-27
Where damages are sought in a § 1983 action, the defendant must be responsible for the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional deprivation for individual liability.
Luedeke v. Village of New Paltz · filed 1999-08-27
Because no reasonable, fair-minded trier of fact could find that Murray was personally involved in the deprivation of plaintiffs Constitutional rights, she cannot be held liable therefore.Read the full opinion on CourtListener →
A § 1983 claim requires evidence connecting a named defendant to the alleged misconduct; evidence of a nondefendant’s conduct does not establish the named defendants’ involvement.
Berwick Grain Company, Inc., and David McCrery Jr. v. Illinois Department of Agriculture, Rebecca Doyle, Thomas E. Jenni · filed 1999-08-27
We agree. ... What the plaintiffs offer, however, are statements from Carl Schroeder, a former Department of Agriculture employee. Schroeder shared derogatory information concerning the plaintiffs with the lender’s representative, but Schroeder is not a defendant. Nor could he recall anyone— least of all a named defendant — telling him to relay the information.Read the full opinion on CourtListener →
A § 1983 claim against jail officials for delayed medical care fails without evidence that they knew the inmate’s requests for treatment were continually deferred.
McLennan v. McKee · filed 1999-09-13
Although we are troubled by the failure of jail staff to take Mr. McLennan to the dentist, we conclude the district court did not err in rejecting Mr. McLennan’s denial-of-dental-treatment claim, as there was no evidence that Sheriff McKee or Deputy Gordon--the only defendants in this case--were made aware that Mr. McLennan’s request to see a dentist were being continually deferred.Read the full opinion on CourtListener →
Individual liability under § 1983 requires the defendant’s personal participation or involvement in the alleged wrong.
Bayou Fleet, Inc. v. Alexander · filed 1999-09-29
Individual liability under section 1983 must rest on facts reflecting the defendant’s personal participation or involvement in the alleged wrong.Read the full opinion on CourtListener →
Section 1983 requires specific allegations linking defendants to a deprivation of the plaintiff's rights to state a claim.
Reece v. St. Louis · filed 1999-10-01
Having considered the record and Reece's arguments on appeal, we conclude Reece's complaint failed to state a claim under 42 U.S.C. § 1983, because the complaint contained no specific allegations linking any of the appellees to any deprivation of Reece's rights.Read the full opinion on CourtListener →
Section 1983 permits liability for an officer who personally participates in an arrest or directly causes it.
Johnson v. Bryant · filed 1999-10-07
This dispute is material because Johnson may be held liable both for his personal involvement in the arrest as well as for his direct causation of the arrest.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement.
Presnick v. Delaney · filed 1999-10-13
There can be no liability under § 1983 absent personal involvement by defendant.Read the full opinion on CourtListener →
A § 1983 claim against a defendant must allege conduct by that defendant that caused the plaintiff injury.
Ravera v. City of Reno · filed 1984-01-26
In the present case appellant has alleged three causes of action for violation of various constitutional rights, ... which violations are actionable pursuant to 42 U.S.C. § 1983; a fourth cause of action alleging a conspiracy by respondents to cause appellant the injuries described in the complaint; and various other causes of action. None of the causes of action other than the conspiracy cause of action allege any conduct by McKenzie which caused appellant injury.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing.
Bennett v. Duckworth · filed 1984-02-06
At the close of plaintiff’s case in chief, defendants orally moved to dismiss defendants Hunt, Shuler and Faulkner under F.R. Civ.P. 41(b) on the grounds that plaintiff had neither alleged nor proven any personal connection between those named defendants and the incident complained of. ... The motion was granted.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires an allegation that the defendant was directly responsible for the claimed constitutional deprivation.
Anderson v. City of Chicago · filed 1999-10-20
To state a cause of action against a person in his or her individual capacity, there must be an allegation of direct responsibility for the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional deprivation for an award of damages.
Howard v. Headly · filed 1999-10-25
Accordingly, the personal involvement of a defendant in the alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires that the defendant personally cause the plaintiff’s injury.
Stratton v. Mash · filed 1999-10-28
A fundamental requirement of a cause of action under 42 U.S.C. § 1983 is that injuries be personally caused by the defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused the deprivation; recommending an employee’s discharge alone does not establish liability for a superior’s decision to terminate without a hearing.
Lovingier v. City of Black Hawk · filed 1999-11-12
42 U.S.C. § 1983 specifically requires an element of causation. ... Recommending an employee’s discharge, without more, does not render a defendant responsible for his superior’s decision to execute that discharge without a proper hearing.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing each individual defendant’s personal participation in the alleged violation.
Watson v. City of Kansas City, Kan. · filed 1999-11-08
Plaintiffs must allege sufficient facts to establish that these defendants personally participated in the alleged violations.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant whose only connection to the alleged deprivation is mistaken identification.
Frost v. Symington · filed 1999-11-23
Because Barrows' only connection to Frost's action is in his capacity as the incorrectly identified interviewer, the district court's grant of summary judgment is affirmed with respect to Barrows.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant’s personal involvement in causing the deprivation of rights.
Whiting v. Incorporated Village of Old Brookville · filed 1999-12-07
Section 1983 imposes liability only upon those who actually cause a deprivation of rights, and thus, the “personal involvement of [each] defendant in alleged constitutional deprivations” is a necessary element of a Section 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a prison official to be personally and directly responsible for the alleged constitutional violation.
Iwanski v. Oklahoma DOC · filed 1999-12-14
To be held liable for a § 1983 violation, a prison official must have been personally and directly responsible for the alleged Eighth Amendment violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional wrongdoing; a superintendent’s involvement cannot be inferred from localized, non-systemic violations alone.
John Stephen Rowe and Dr. Jeffrey L. Lant v. Michele Shake, Greg Hulse, Craig Hanks · filed 1999-12-27
We also note that Mr. Rowe's claims against Superintendent Hanks fail because there are no allegations that Superintendent Hanks was personally involved in the constitutional wrongdoing. Because Mr. Rowe’s claims allege clearly localized, non-systemic violations, it is not reasonable to infer that Superintendent Hanks was personally involved.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant for others’ acts over which the defendant had no control and in which the defendant was not personally involved.
Enriquez v. Nettleship · filed 1984-02-17
We must reject this argument because it is against the current state of the law to hold a 42 U.S.C. § 1983 defendant liable for acts performed by others over which he had no control or in which he was not personally involved.Read the full opinion on CourtListener →
A § 1983 claim concerning prison work assignments requires a defendant responsible for making those assignments.
Rudolph v. Bown · filed 2000-01-07
However, Rudolph has not named as a defendant his work supervisor or the official responsible for making his work assignments.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal and direct involvement in the deprivation of rights.
Thomas v. Tarpley · filed 2000-01-11
...even if plaintiffs’ constitutional rights had been violated, there is no indication that defendants-respondents were personally and directly involved in the deprivation of said rights (see, McKinnon v Patterson, 568 F2d 930, 934, cert denied 434 US 1087; compare, Hafer v Melo, 502 US 21).Read the full opinion on CourtListener →
A § 1983 claim against a supervisor requires personal involvement in the alleged deprivation or grossly negligent supervision of the responsible officers.
Ali v. Szabo · filed 2000-01-13
Because Ali does not claim that the Sheriff had any personal involvement in Officers Szabo and Dalo’s alleged use of excessive force, or that the Sheriff supervised subordinates in a grossly negligent manner, the Sheriff is entitled to summary judgment dismissing Ali’s excessive force claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the deprivation of the plaintiff’s rights.
Simpson v. Horn · filed 2000-01-14
To bring a successful claim under § 1983 for denial of equal protection, a plaintiff must show that the defendants were personally involved in a deprivation of plaintiffs rights.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; merely receiving and forwarding an inmate’s appeal does not establish a supervisor’s liability.
Scott v. Coughlin · filed 2000-01-14
That Coughlin received and forwarded Scott’s appeals, without more, is insufficient to establish the requisite level of personal involvement to invoke liability under § 1983.Read the full opinion on CourtListener →
Merely urging police to arrest someone, without more, does not create liability under § 1983.
Spiegel v. Joseph Cortese, Detective, and James Hennelly and Holly Zielke · filed 2000-01-14
But Spiegel did not allege that Zielke had authority to arrest him, and the allegation that she simply urged the police to arrest Spiegel, without more, does not give rise to liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s direct involvement, knowledge, or reckless disregard of the consequences for personal liability.
Bailey v. Canan · filed 2000-01-25
Bailey cannot hold Mayor Canan personally liable under § 1983 absent direct involvement, knowledge or knowledge with reckless disregard of the consequences.Read the full opinion on CourtListener →
Section 1983 requires a prison official to be personally and directly responsible for an alleged Eighth Amendment violation to be liable.
Jenkins v. Denver County Jail · filed 2000-01-27
The “deliberate indifference” test also requires that in order for a prison official to be liable under § 1983 the official must have been personally and directly responsible for the occurrence of the alleged Eighth Amendment violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in or directly responsible for the conduct causing injury.
Rustan v. Rasmussen · filed 2000-02-11
As to his retaliatory-transfer claim, Rustan failed to rebut defendants’ evidence that they had no part in the transfer decision.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for liability; officials who referred an inmate’s medical complaints to the medical unit were not liable on a failure-to-intervene claim.
Green v. Norris · filed 2000-03-08
Thus, we find that Green’s related failure-to-intervene claim against the other appellees also fails. We note further that the record shows Green’s complaints to them were referred to the medical unit. See Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (general responsibility for supervising prison operations is insufficient to establish personal involvement required to support liability; where prison official was not involved in treatment decisions and lacked medical expertise, and medical-care inquiries were referred to medical unit, claim should have been brought against individual directly responsible for inmate’s medical care).Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires personal involvement in the alleged constitutional deprivation; participation in a committee that recommends continued confinement can suffice.
McClary v. Coughlin · filed 2000-03-14
Under the facts adduced at trial, this Court finds that Hall and Branning’s participation as members of the ASRC gave them sufficient personal involvement in the alleged due process violation to expose them to liability.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to establish each defendant’s personal responsibility for the claimed constitutional deprivation.
Woodall v. Partilla · filed 1984-02-29
To recover damages under 42 U.S.C. § 1983, a plaintiff must establish a defendant’s personal responsibility for the claimed deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged misconduct; an officer who neither participated in nor was present during the use of force cannot be held liable for it.
Moore v. Butler · filed 2000-03-17
The district court did not err in dismissing Moore's claim against Officer Medley, because Moore did not allege that Medley participated in or was present during the use of force.Read the full opinion on CourtListener →
An individual official is liable under § 1983 only if personally involved in the constitutional wrongdoing.
Collins v. Village of Woodridge · filed 2000-03-17
To sustain a claim against an individual official under § 1983, the plaintiff must show that the individual was personally involved in the constitutional wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged injury or direct responsibility for the challenged conditions.
Reed v. McBride · filed 2000-03-24
Section 1983 creates a cause of action for damages based on personal liability. A plaintiff must show the defendant’s personal involvement or participation, or direct responsibility for the conditions of which he complains, ... by demonstrating a causal link between the defendant’s conduct and the plaintiffs injury. ... The court will dismiss defendants Mark Newkirk, E. Janeen Stewart, C.B. Miller, Steve McCauley, and Edward Cohn because it appears from the complaint that they have no direct personal involvement in the claim that survived screening.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; creating and implementing the challenged policy can establish that involvement.
Conrad v. Perales · filed 2000-03-24
Indeed, for a state official to be held personally liable under section 1983, there must be evidence that the state official was “personally involved” in the deprivation. ... Based on these admissions, the court concludes that the Commissioner was personally involved in creating and giving effect to MOP II.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; an officer may be directly involved in an arrest even if another officer formally makes it.
Whitton v. Williams · filed 2000-03-31
A defendant in a § 1983 action may not be held responsible unless he was personally involved in the alleged constitutional violations. ... Accordingly, we find the evidence sufficient to support a jury finding that defendant Robles was directly involved with plaintiffs DWI arrest.Read the full opinion on CourtListener →
Section 1983 requires personal participation in a constitutional deprivation for individual liability; signing the complaints that initiate the challenged action can satisfy that requirement.
Daniels v. Sheahan · filed 2000-04-05
To be individually liable under 42 U.S.C. § 1983, Sheahan must have personally participated in the constitutional deprivation. Although he delegated much of the work to subordinates, Sheahan had the authority to seek de-deputization and personally signed the amended complaints. This is sufficient participation to impose individual liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a rights violation before damages may be awarded against that defendant.
Muhammad v. Umar · filed 2000-04-18
As explained in this court’s prior report and recommendation, personal involvement of a defendant is a prerequisite to any award of damages under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 liability for a person sued in an individual capacity is measured by that person's own actions.
Levine v. Darrow, No. X01 Cv 89 0146670 (Apr. 18, 2000) · filed 2000-04-18
The liability of persons sued in their individual capacities under § 1983 must be gauged in terms of their own actions.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant’s conduct and the plaintiff’s injury; collective evidence of wrongdoing does not establish individual liability.
Farm Labor Organizing Committee v. Ohio State Highway Patrol · filed 2000-04-20
Section 1983 requires Aguilar and Esparza (as class representatives) to establish a causal connection between their injuries and each defendant’s conduct. Absent such link, no liability may attach, despite defendants’ collective inability to rebut plaintiffs’ evidence of discrimination.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant was personally involved in the alleged deprivation of constitutional rights.
Bruker v. City of New York · filed 2000-04-27
Under § 1983, liability may only be' imposed on an individual defendant if the plaintiff proves that the defendant was personally involved in the alleged deprivation of constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in or directly responsible for the alleged injury.
McNair v. Norris · filed 2000-04-27
And as to the claim concerning parole, among other things, Ms. McNair has not rebutted defendants’ evidence that Mr. Johnson had no authority to have Mr. Callen brought up for parole.Read the full opinion on CourtListener →
Section 1983 individual-capacity claims require the defendant’s personal involvement in the alleged deprivation.
Rarick v. DeFrancesco · filed 2000-04-28
With regard to Defendants DeFrancesco and Bates, the Court finds that Plaintiff has sufficiently responded to Defendants’ allegation and demonstrated that they were personally involved in the actions that give rise to Plaintiffs § 1983 claim. With regard to Defendant Apple, however, the Court finds that Plaintiff has not demonstrated personal involvement sufficient to overcome Defendants’ Motion.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the claimed violation to state a claim against that defendant.
Beasley v. Keszler · filed 2000-05-12
The district court did not err in determining that Beasley failed to state a claim against Gill and Syrett as he has failed to allege their personal involvement in his allegations that Keszler and other medical personnel were deliberately indifferent to his serious medical needs.Read the full opinion on CourtListener →
A § 1983 claim for false arrest or imprisonment requires the defendant’s personal involvement in the alleged wrong.
Daniel v. Merritt · filed 2000-05-25
The district court correctly dismissed the causes of action for false arrest and imprisonment against defendants because Mr. Daniel “neither alleges nor shows any personal involvement in this matter by defendants.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s involvement to be sufficiently connected to the alleged deprivation to impose liability.
Brown v. Tull · filed 2000-05-31
Her tangential involvement in the raid, in our view, was too remote to impose § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.
DePrima v. Village of Catskill · filed 2000-06-06
Liability does not attach under § 1983 unless the defendant is personally involved with the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally responsible for a deprivation of constitutional rights; collective responsibility alone is insufficient.
Zentmyer v. Kendall County · filed 2000-06-13
Furthermore, liability under sec. 1983 arises only when the plaintiff can show that the defendant was "personally responsible for a deprivation of a constitutional right." Vance v. Peters, 97 F.3d 987, 992 (7th Cir. 1996). Zentmyer does not present evidence that any individual defendant failed to administer so many doses that the defendant's actions by themselves instantiate deliberate indifference, nor does Zentmyer allege any agreement among the defendants to deprive him of medical care.Read the full opinion on CourtListener →
A § 1983 claim requires personal involvement by an identified defendant.
Wilson v. Dill · filed 2000-06-19
Wilson, however, fails to identify any particular defendant responsible for the unreturned grievance. See Thompson v. Steele, 709 F.2d 381, 382 (5th Cir. 1983) (“Personal involvement is an essential element of a civil rights cause of action”).Read the full opinion on CourtListener →
Section 1983 liability requires evidence that the defendant was personally responsible for the alleged harm; allegations alone do not suffice at summary judgment.
Smallwood v. Lumpkins · filed 2000-06-19
Smallwood’s arguments on appeal do not demonstrate that he produced any facts in response to the summary judgment motion which showed that Lumpkins was responsible for any harm he allegedly suffered.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant to be causally linked to and directly responsible for the deprivation of rights.
Thompson v. Smith · filed 2000-07-03
Because Young chose to use an alternate test, which he believed to be more accurate and beneficial in treating Thompson's condition, see Sherrer v. Stephens, 50 F.3d 496, 497 (8th Cir. 1994) (per curiam) (disagreement with course of medical treatment does not state constitutional claim), Streeter did not treat Thompson or have authority to control glucose testing, see Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (defendant must be causally linked to and directly responsible for deprivation of rights to be liable under § 1983), and Smith was merely an administrative employee who did not provide medical treatment, see id., summary judgment was properly granted to all defendants and we affirm.Read the full opinion on CourtListener →
Section 1983 liability against a government official requires an action by that official that violated a constitutional right.
Sawyer v. Coleman · filed 2000-07-12
In order to establish Section 1983 liability against a government official, a plaintiff must show some action on the part of that official that violated a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.
Williams v. Goord · filed 2000-07-28
It is well-settled in the Second Circuit that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Having alleged and substantiated the existence of the requisite personal involvement, a summary judgment motion seeking dismissal of plaintiffs claim on this ground must fail.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that the defendant personally participated in the deprivation of the plaintiff’s rights.
Scott v. Kelly · filed 2000-07-31
Scott has not alleged that Angelone, Rogers, and Theisen were individually responsible for any of his alleged injuries. Therefore, these defendants must be dismissed. To establish § 1983 liability, a plaintiff must show affirmatively that the "official charged acted personally in the deprivation of the plaintiff’s rights.”Read the full opinion on CourtListener →
Section 1983 personal-capacity claims require allegations of the defendant’s personal responsibility for the alleged constitutional violation.
Bendel v. Westchester County Health Care Corp. · filed 2000-08-17
Plaintiff has not alleged that Crawford was involved in the formulation or implementation of the policy to discharge Bendel, that she had any contact with the other defendants in this matter, or that she was aware of the alleged conduct in question. Accordingly, plaintiff has failed to state a claim under § 1983 against Crawford in her personal capacity.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged constitutional deprivation before a defendant can be liable for damages.
Majid v. Wilhelm · filed 2000-08-22
Personal involvement of defendants in an alleged constitutional deprivation is a prerequisite to an award for damages under 42 U.S.C. § 1983. ... In such circumstances, whether or not prison policy was scheduled to change in the near future, this Court is unable to conclude as a matter of law that defendant had no personal involvement in denying plaintiff food that complied with his religious needs during the time period at issue.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged violation; adopting a collective bargaining agreement alone does not establish involvement in its retaliatory or discriminatory misuse.
Lewis v. Delaware County · filed 2000-08-23
Officer Lewis does not link this adoption to any individual official, however; and even if he had, the act of adopting a collective bargaining agreement is not proof that any of the individual adopters were personally involved in particular misapplications of that agreement for retaliatory or discriminatory purposes.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff alleging First Amendment retaliation to plead that the defendants directed or participated in the alleged constitutional violations.
Campbell v. Cushwa · filed 2000-08-31
Moreover, to sustain a cause of action under 42 U.S.C. § 1983 on this basis, appellant must allege that appellees directed or participated in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 permits individual liability for an official who personally directs a constitutional violation, even if someone else carries it out.
Newsome v. Erwin · filed 2000-09-01
A trier of fact certainly could find, based on Newsome’s allegations, that Erwin was directly involved in the violation of his constitutional rights. Consequently, the Court concludes that Newsome’s Complaint states a viable § 1983 claim against Erwin, even though he did not actually shoot the lioness.Read the full opinion on CourtListener →
A § 1983 complaint is subject to dismissal against a defendant when it alleges no personal wrongdoing by that defendant.
Hudson v. Foti · filed 2000-09-11
Further, in connection with his accident, Hudson has not alleged any personal wrongdoing on the part of Sheriff Foti. Therefore, his complaint is also subject to dismissal based on a failure to state an arguable claim against the only named defendant.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged deprivation to impose individual liability.
Guzman v. Polisar · filed 2000-09-15
Because there is no evidence of personal involvement by the Defendants, we reverse.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Rivera v. Goord · filed 2000-09-26
Personal involvement of a defendant in an alleged constitutional deprivation is “a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s direct and personal involvement in the alleged conduct.
Lockett v. Stalder · filed 2000-09-28
Because Lockett has not shown that Stalder, Day, or McGinnis were directly and personally involved in his medical care, he has not shown that they are liable under § 1983.Read the full opinion on CourtListener →
Section 1983 damages require a defendant’s personal involvement in the alleged constitutional deprivation.
Parkinson v. Goord · filed 2000-09-28
“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Herbert’s lack of personal involvement is, in itself, sufficient grounds in which to grant summary judgment in his favor.Read the full opinion on CourtListener →
Section 1983 requires a state official’s personal involvement in an alleged constitutional deprivation before compensatory damages may be awarded against that official.
Liner v. Goord · filed 2000-09-28
Personal involvement of a defendant-state official in an alleged constitutional deprivation is a prerequisite to an award of compensatory damages under § 1983.Read the full opinion on CourtListener →
Section 1983 claims require the defendant’s personal involvement in the alleged constitutional violation.
Webb v. Goord · filed 2000-09-29
Some of the pleadings’ same causal and fault infirmities render plaintiffs’ § 1983 claims deficient for the additional reasons that there is no indication of personal involvement by some defendants in the alleged constitutional violations.Read the full opinion on CourtListener →
Notes 66451–66600 of 71,725, oldest cases first.
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