42 U.S.C. § 1983

Section 1983 requires a defendant’s personal involvement in the alleged deprivation to support a claim against that defendant.

Farris v. Pattison · filed 2000-10-26

Because Farris has not shown that Sheriff Pattison or Warden Dillard had any personal involvement in the alleged denial of adequate medical care, he has not shown that the district court erred in ... denying Farris’ claim against them.

Section 1983 requires a plaintiff to specify how each defendant violated the plaintiff's rights.

Delmar Waits v. Brill · filed 2000-10-27

In any event, we agree with the district court that dismissal was warranted given Waits's failure to specify how each of these individuals violated his rights.

Section 1983 requires personal responsibility for a claimed constitutional violation; a complaint that does not connect a defendant to the violation fails to state a claim against that defendant.

Griffin v. Page · filed 2000-11-14

Although this Court expresses no view either as to the third remaining named defendant (Correctional Officer Adams, who has not yet been served with process) or, of course, as to Griffin’s unidentified “Jean Doe” and “John Doe” added defendants, moving defendants Page and Springborn have also pointed out that nothing in Griffin’s Complaint brings personal responsibility home to either of them for the claimed violation of Griffin’s Eighth Amendment right not to be subjected to cruel and unusual punishment, as defined by the standard established by Farmer v. Brennan, 511 U.S. 825, 833, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) and its progeny. ... In summary, both the Complaint and this action are dismissed for failure to state a claim (as to all defendants on the first-stated ground, and as to movants Page and Springborn for a second reason).

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

Reed v. State of New Mexico · filed 2000-12-22

As a preliminary matter, we note that none of the BCDC Appellees was involved in the delay. Consequently, Mr. Reed has no § 1983 claims against the BCDC Appellees, regardless of the lawfulness of the detention.

Section 1983 does not impose liability on interview panel members for a promotion decision when the alleged discrimination arose from decisions made by others and the panel merely conducted unchallenged interviews.

Sutherland v. Michigan Department of Treasury · filed 2001-01-22

On the record as it now stands, David Husted, the Audit Division Administrator, made the decision to re-post the transfer notice and the grievance hearing administrator made the decision to allow Robinson to participate in the interview process. The 1998 interview panel simply conducted the interview procedures, the results of which Karim does not challenge. Accordingly, the 1998 interview panel defendants are entitled to summary judgment on Karim’s claim.

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

Daniels v. Townsley · filed 2001-01-23

Absent some showing by plaintiff of personal involvement by defendants with the alleged constitutional violation, defendants are entitled to summary judgment on the § 1983 claims against them.

Section 1983 requires evidence that each individual defendant was personally involved in the alleged deprivation.

Lerma v. Bell · filed 2001-01-24

The district court properly granted summary judgment on Lerma’s claim that several cell reassignments constituted deliberate indifference to his medical needs because Lerma failed to present evidence that any of the individual defendants were involved in the reassignments.

A prison medical director’s personal evaluation and treatment decisions provide sufficient personal participation for a § 1983 claim.

Wolfe v. Horn · filed 2001-01-29

Baddick was not merely the Medical Director of SCI-Mahanoy, but: (1) personally evaluated Wolfe, (2) determined what treatment was appropriate, and (3) reported to Wolfe that she would not receive hormonal therapy. This constitutes sufficient participation for § 1983 purposes, and Baddick’s motion for summary judgment on this basis will be denied.

Section 1983 liability requires the defendant’s personal responsibility for the alleged violation.

Brownlow v. Van Natta · filed 2001-02-05

We have long held that liability under § 1983 must be predicated upon personal responsibility.

A § 1983 claim against an individual for a termination requires allegations that the individual had a role in the termination.

Hunt v. City of Mulberry · filed 2001-02-08

Although Hunt alleges that Satchel and Smith complained about his conduct and may have called for an investigation of him, Hunt fails to allege that Satchel or Smith had any role in his termination.

Section 1983 requires allegations of an individual defendant’s personal involvement; naming the defendant only in the complaint’s caption is insufficient.

Zavatsky v. Anderson · filed 2001-02-12

As set forth in more detail below, the court concludes that: 1) the complaint fails to state a cause of action for interference with the right to family integrity based on the emotional link between an adult and the unrelated, non-adopted child of that adult’s partner; 2) the complaint states a cause of action for deprivation of equal protection where it alleges that state agency employees administered a facially neutral policy unequally as against the plaintiff, based on the plaintiffs sexual orientation and without a readily apparent justification; 3) the complaint fails to state a cause of action under Section 1983 against individual defendants where it fails to allege their personal involvement and only names them in the caption of the complaint; and 4) the complaint fails to state a cause of action under Section 1983 where it bases liability on alleged violations of the plaintiffs state constitutional rights that do not also give rise to a constitutional violation under the United States Constitution.

Section 1983 liability requires the defendant’s direct participation in the alleged violation.

Hildebrandt v. Illinois Department of Natural Resources · filed 2001-02-20

She can only proceed against Little because he was the only Defendant who directly participated in this possibly discriminatory act. Section 1983 liability requires direct participation.

Section 1983 permits a damages claim against an individual city employee when the complaint sufficiently alleges that he personally took discriminatory or retaliatory actions.

DiBARTOLO v. City of Philadelphia · filed 2001-02-21

Drawing all inferences in DiBartolo’s favor, the Second Amended Complaint alleges that McNally discriminated and retaliated against him by demoting him without notification, falsely telling him that the position he sought in the TB Unit did not exist, and offering him a position that would place his career advancement in jeopardy. (Second Am. Compl. at ¶¶ 73, 79, 82, and 84-92.). These allegations are sufficient to state claims for damages pursuant to 42 U.S.C. § 1983 and 1985 and the Motion to Dismiss Counts I — III of the Second Amended Complaint will be denied.

Section 1983 requires an official’s individual liability to rest on the official’s own unconstitutional behavior, rather than authority over employees or a failure to act.

Davis v. Fentress County Tennessee · filed 2001-03-02

The individual liability of officials under section 1983 must be based on their own unconstitutional behavior-not merely the right to control the actions of employees or the failure to act.

Section 1983 requires personal involvement in the challenged conduct; contracting for surveillance alone does not establish involvement in obtaining an arrest warrant.

Houser v. Nolan · filed 2001-03-19

Houser did not allege or show that Nolan had any involvement in obtaining her arrest warrant; she merely alleged that he (and Peckat) contracted with the investigative firm.

Section 1983 requires an individual defendant to encourage, authorize, participate in, or acquiesce in the alleged misconduct to be liable.

Gratsch v. Hamilton County · filed 2001-04-03

To be liable for a violation of § 1983, an individual must encourage, authorize, participate or acquiesce in alleged misconduct.

Section 1983 imposes individual liability only on a person who caused or participated in the alleged constitutional deprivation.

Bausch v. Sumiec · filed 2001-04-10

Section 1983 creates a cause of action based upon personal liability and predicated upon fault. An individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation.

Section 1983 requires a defendant’s personal responsibility for the claimed constitutional deprivation.

Spencer v. National Railroad Passenger Corp. · filed 2001-04-16

In order to recover under § 1983, Ms. Spencer must establish a defendant’s personal responsibility for the claimed deprivation of her constitutional rights.

Section 1983 does not make prison officials liable for failing to require medical staff to honor an inmate’s treatment requests.

Prater v. Dept. of Corrections · filed 2001-04-16

Likewise, we find the prison official defendants cannot be liable for not requiring the medical staff to honor Mr. Prater’s requests.

Section 1983 requires a defendant sued individually to have caused or participated in the alleged constitutional deprivation.

Ford v. Page · filed 2001-04-27

Individuals cannot be held liable in a Section 1983 action unless they caused or participated in the alleged constitutional deprivation.

A defendant must be personally involved in the alleged wrong to be liable for damages under § 1983.

Gaston v. Thomas A. Coughlin, III Donald Selsky Lt. Grant Lebaron, Lt. Hans Walker Frank Irvin Edward Dann John · filed 2001-05-07

Proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on a claim for damages under § 1983.

Section 1983 requires allegations connecting an individual defendant to the challenged conduct.

Covillion v. Alsop · filed 2001-05-15

Plaintiff fails to allege that For-rester or Giggey were responsible for cooling his jail cell, and the scant factual allegations he makes do not rise to the level of malicious or sadistic behavior nor deliberate indifference toward his health.

Section 1983 requires a defendant to be personally involved in, or causally connected to, the alleged constitutional violation.

Tanner v. LSU Frmn Training · filed 2001-05-18

To state a cause of action under § 1983, a plaintiff must identify individuals “who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.” ... As such, we conclude that neither Walker nor Stevens was personally involved in any alleged constitutional violations and neither person’s acts were causally connected to the alleged violations.

Section 1983 requires personal involvement for damages against officials in their individual capacities, but an official with responsibility for the challenged action may be sued for injunctive relief without personal involvement.

Davidson v. Scully · filed 2001-05-18

Because none of the defendants had any personal involvement in the events discussed in the new evidence, such new evidence will not be admissible as proof against any of the defendants in their personal capacities. ... Although the new evidence is not relevant to plaintiffs actions against the defendants in their individual capacities due to their lack of personal involvement in the events complained of in the new evidence, lack of personal involvement is not a bar to consideration of the new evidence as it relates to plaintiffs claim for injunctive relief against the DOCS Commissioner in his official capacity.

In a § 1983 claim, evidence that an official knew of the problem and was arranging a cell move can support a finding that the official was personally involved in the alleged violation.

Day v. Ravellette · filed 2001-05-31

Under this standard we conclude that the district court erred in granting summary judgment for Barro on the ground that Day had not shown that Barro was personally involved in the alleged constitutional violation. The record of the summary judgment proceedings contains a statement by Barro that “Offender Day had requested a bed move to E-322 from E-219. This move was in the process of happening when [the incident between Day and Scott] occurred.” We think a reasonable juror could infer from this that Barro had actual knowledge of the problems between Day and Scott, which was why he was attempting to move Day to another cell.

Section 1983 requires a defendant’s personal involvement, but a plaintiff need not prove that involvement at the pleading stage.

Huminski v. Rutland County · filed 2001-06-05

While the Court does not disagree with Corsones’ contention that the defendant’s personal involvement is required in order to prevail in a § 1983 action, she errs in asserting that Huminski must make this showing so early in the process.

Section 1983 requires a prison official sued for a constitutional deprivation to be personally responsible for it.

Smith v. Roper · filed 2001-06-14

A prison official cannot “incur § 1983 liability unless that officer is shown to be personally responsible for a deprivation of a constitutional right.”

A § 1983 retaliation claim against individual defendants must allege their personal involvement.

Pena v. Recore · filed 2001-06-19

We conclude that the dismissal should be without prejudice to the filing of an amended complaint, within such time as the district court may direct, that aEeges, if Pena can do so in good faith, the elements of a retahation claim and the personal involvement of the individual defendants against whom he asserts that claim.

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

Greeno v. Litscher · filed 2001-06-25

First, Greeno fails to allege that Courtney Greeley, the health service manager at Racine, had any personal involvement in the denial of appropriate medical treatment for Greeno. In order to be held liable in a § 1983 action, an individual must have personally caused or participated in the alleged constitutional deprivation.

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

Montero v. Crusie · filed 2001-06-27

As a prerequisite to a § 1983 claim, “a defendant must have personal involvement in the alleged deprivation of the constitutional right.”

Section 1983 requires evidence that a named defendant was personally responsible for the alleged violation of the plaintiff’s rights.

Conway v. Henze · filed 2001-06-29

The district court also properly rejected Mr. Conway’s privacy claim because Mr. Conway offered no evidence that a named defendant was personally responsible for any violation of Mr. Conway’s privacy rights that might have occurred.

Section 1983 requires a plaintiff to show that a defendant’s own conduct caused the alleged constitutional injury.

Clark v. Long · filed 2001-07-09

"In order to establish a violation of constitutional rights under § 1983, the plaintiff must prove that the defendant's unconstitutional action was the 'cause in fact' of the plaintiff's injury." ... Clark failed to make a case that the defendants had "direct responsibility for" the only alleged violation of his First Amendment rights to which he testified—the March pan-washing incident.

Section 1983 requires facts connecting each individual defendant to the alleged injury.

Davis v. Roark · filed 2001-07-12

Likewise, we concur with the district court’s finding that Davis has not alleged sufficient facts to connect these individual Defendants to his alleged injuries for the purposes of bringing a § 1983 claim.

Section 1983 requires allegations of a defendant’s personal involvement in the claimed constitutional deprivation.

Beck v. LaFleur · filed 2001-07-16

Beck failed to allege sufficient personal involvement by any of defendants to support such a claim.

Section 1983 requires facts showing how the defendant personally acted to deprive the plaintiff of a federal right under color of state law.

Davis v. Lester · filed 2001-07-26

To state a cause of action under § 1983, a plaintiff must establish that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. ... As Davis fails to allege facts indicating how Kendrick personally acted in violation of Davis’ rights, the court will dismiss all claims against Kendrick without prejudice, pursuant to § 1915(e)(2).

Section 1983 requires the alleged deprivation to be attributable to a defendant.

Goldman v. Forbus · filed 2001-07-26

Although there was a delay after that in obtaining the medication, the evidence does not show that the delay was attributable to any defendant, and instead the delay appears to have resulted from the jail doctor’s oversight.

Section 1983 requires allegations sufficient to show or infer a defendant’s personal involvement in the deprivation of federal rights.

Tropical Air Flying Services, Inc. v. De Melecio · filed 2001-07-31

Further, Plaintiffs allegations must be sufficient to show or infer defendant’s personal involvement in the deprivation of Plaintiffs federal rights.

Section 1983 individual capacity liability requires proof that the defendant personally caused the deprivation of the plaintiff’s federal rights.

Roberts v. PRINCE GEORGE'S COUNTY, MD · filed 2001-08-06

In a § 1983 personal or individual capacity suit, a plaintiff must show that the official charged personally caused the deprivation of his federal rights.

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

Felder v. Parke · filed 2001-08-07

Since Felder did not allege that either O’Bannon or Cohn participated in violating his constitutional rights, the district judge correctly dismissed them from this action.

Section 1983 claims against officials require allegations of their involvement in the alleged deprivation.

Hancock v. Word · filed 2001-08-07

The third claim (inadequate medical care) fails because Hancock did not allege involvement by Word or Ross.

Section 1983 requires a prison conditions claim to attribute the challenged conditions to a named defendant’s acts or omissions.

Cunningham v. Washington · filed 2001-08-15

Cunningham does not attribute those conditions to acts or omissions of any of the defendants and therefore those claims are not at issue in this suit.

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

Moredock v. O'Bannon · filed 2001-08-17

In any event, Moredock fails to allege that any of the John Does was personally involved in denying him access to the courts, a requisite element of any § 1983 claim.

A § 1983 claim based on a prisoner's transfer fails without evidence that the named defendants had authority to determine the destination.

Blanco v. Gomez · filed 2001-08-28

With respect to the assault that occurred in 1996, the district court properly concluded that Blanco failed to establish that the named defendants had the power or authority to determine to which facility he would be transferred.

Section 1983 liability requires a defendant’s personal involvement in or responsibility for the challenged conduct.

Brown v. Gomez · filed 2001-08-28

We affirm because the food policy is adequate, see LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir.1993), because Gomez had no personal involvement in or responsibility for the application of the food policy, cf. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978), and because there is no evidence that Haythorne was deliberately indifferent, see Farmer v. Brennan, 511 U.S. 825, 835-40, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

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

Jensen v. Davis · filed 2001-08-30

Summary judgment was proper because Jensen failed to create a genuine issue of material fact that Dr. Hiebert acted in deliberate indifference to his medical needs, see Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.1989); and failed to establish a genuine issue of material fact as to the personal involvement of the remaining defendants in the alleged violations, see Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).

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

Rodriguez v. Connecticut · filed 2001-09-04

It is well settled in this Circuit that the personal involvement of the defendants in an alleged constitutional deprivation is a prerequisite to an award of money damages under § 1983.

Section 1983 requires a prison official’s personal involvement in the violation of an inmate’s rights for liability.

Baker v. Blanchette · filed 2001-09-12

Under this standard, as under § 1983 generally, a prison official cannot be held liable unless he was personally involved in the violation of the inmate’s rights.

Section 1983 requires a plaintiff to allege an affirmative link between a defendant’s conduct and the constitutional violation in the complaint and prove that link at trial.

Stidham v. Peace Officer Standards & Training · filed 2001-09-24

We hold that the affirmative link described in Rizzo and its progeny must be alleged in the complaint as well as proven at trial.

A § 1983 plaintiff suing a state employee must present evidence that the defendant was personally involved in the deprivation of a constitutional right.

Dawes v. VanBenschoten · filed 2001-10-05

To maintain an action against a state employee, a § 1983 plaintiff must present evidence of defendant’s personal involvement in the deprivation of the constitutional right.

Section 1983 personal involvement can include a police officer’s failure to protect a civilian’s constitutional rights.

Noga v. City of Schenectady Police Officers · filed 2001-10-09

However, personal involvement also includes a police officer’s failure to protect a civilian’s constitutional rights.

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

Asif v. Smith · filed 2001-10-11

Nor has Asif demonstrated that any of the defendants were personally involved in the denial of a pork-free diet or religious materials.

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

Goode v. Correctional Medical Services, Inc. · filed 2001-10-17

Personal involvement by a defendant is essential in a civil rights action.

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

Nunez v. Goord · filed 2001-10-23

Personal involvement of defendants in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.

Section 1983 requires a defendant’s personal involvement in a violation of the plaintiff’s constitutional rights.

Clay v. Maxwell · filed 2001-10-26

Moreover, Clay has not shown that the district court erred in dismissing his claims against the remaining defendants, as he has not shown that these defendants were personally involved in a violation of his constitutional rights.

Section 1983 requires adequate personal involvement to hold a defendant liable.

Shepherd v. Sanchez · filed 2001-11-04

Shepherd failed to allege adequate personal involvement by Ortiz to justify holding him liable under 42 U.S.C. § 1983.

Section 1983 requires an officer’s personal involvement for individual-capacity damages; an alleged intentional failure to supervise can satisfy that requirement at the pleading stage.

Timmins v. Toto · filed 2001-11-05

Plaintiff alleges that Bopp was “personally involved” through his failure to supervise non-moving defendant Toto and that failure to supervise was done with the intention to violate the constitutional rights of Plaintiff. Although it could be argued that Plaintiffs allegations are con-elusory, this court in an excess of caution, regards the allegations as factually based and thus (of necessity) true. Plaintiff, thus, alleges all the necessary elements of a § 1983 claim for monetary damages against Bopp in his individual capacity.

Section 1983 requires a claim against an individual defendant to allege personal involvement, which may include direct participation, failure to remedy a known wrong, creation of a discriminatory policy or custom, or grossly negligent management of responsible subordinates.

Aguilar v. New York Convention Center Operating Corp. · filed 2001-11-05

Plaintiffs are reminded that their amended complaint must aver-briefly but clearly-that defendants McQueen and Powers were personally involved in the alleged discrimination in order to state a cognizable claim for relief against them. Personal involvement can come in the form of direct participation, the failure to remedy a known wrong, the creation of a discriminatory policy or custom, or gross negligence in the management of the subordinates responsible for the discrimination.

Section 1983 requires a connection between the named defendants and the alleged violation of rights.

Moore v. Atherton · filed 2001-11-14

We agree with the district court in its further holding that the claim fails because it does not assert a connection between the named defendants and the alleged violation of rights, an essential allegation in a civil rights case.

Section 1983 does not bar individual liability solely because a plaintiff cannot yet identify which defendant officers beat him.

Davis v. Hill · filed 2001-11-15

Although not argued by defendants, the court notes the remaining defendants can not escape liability merely because plaintiff is unable, at this stage of the proceedings, to positively identify which deputies beat him.

Section 1983 requires facts showing that each individual defendant personally participated in or caused the alleged constitutional violation.

Strepka v. Miller · filed 2001-11-21

To state a claim for violation of a constitutional right against these particular defendants, however, plaintiff had to allege facts showing that each defendant personally participated in or caused the constitutional violation.

Section 1983 requires evidence linking an individual defendant to the alleged constitutional violation to impose individual liability.

Carter v. Glanz · filed 2001-11-21

In granting summary judgment in favor of Glanz and Peeples, the district court noted that Carter had failed to come forward with any evidence indicating that either Glanz or Peeples had participated in any way in the alleged constitutional violations. ... Accordingly, this court AFFIRMS the district court’s grant of summary judgment in favor of Glanz and Peeples for substantially those reasons set out in the district court’s order filed May 21, 2001.

Section 1983 requires a defendant's involvement in the alleged deprivation; a defendant who had no role in the events is entitled to summary judgment.

Clark v. Town of Greenwich, No. Cv00 0179460 S (Nov. 21, 2001) · filed 2001-11-21

As to the Third Count alleging violation of 42 U.S.C. § 1983 summary judgment is granted to David Waring on the same basis as it is with respect to the First and Second Counts, i.e. Waring had no role in any of the activities at issue.

Section 1983 requires a plaintiff to allege that each defendant was personally involved in depriving the plaintiff of constitutional rights; failing to respond to complaint letters does not establish that involvement.

Shephard v. Clinton · filed 2001-12-05

However, he does not allege that any of the defendants were responsible for these allegedly unconstitutional conditions; rather, he only asserts that the defendants failed to respond to his letters complaining about the conditions. Since Shephard has not alleged that the defendants were personally involved in depriving him of his constitutional rights, his § 1983 claims against them are frivolous.

Section 1983 liability cannot rest solely on a prison official’s work assignment.

Miller v. McBride · filed 2001-12-06

The work assignments of the defendants Tap-pan and Ludwig certainly do not create the necessary liability.

Section 1983 can impose liability on a person who deliberately supplies misleading information that influences another actor to chill protected speech.

Collopy v. City of Hobbs · filed 2001-12-26

Under DeLoach, Knott cannot be immunized from section 1983 liability if he provided deliberately misleading information that influenced the immediate actor who directly caused the chilling effect alleged by Collopy.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a claim fails when the complaint alleges neither direct participation in the adverse decision nor supervisory responsibility for it.

Mendelsohn v. University Hospital · filed 2002-01-02

Nor does the amended complaint allege that Sheppard had supervisory responsibility over the promotion process. Because the amended complaint fails to allege that Sheppard directly participated in the adverse employment decision, the Court finds that it fails to state a claim upon which relief can be granted pursuant to Section 1983.

Section 1983 requires a plaintiff to connect each defendant to the alleged deprivation through the defendant’s direction, knowledge, or consent.

Riggins, Cortez v. Walter, Andrew · filed 2002-01-14

Although a claim under the Eighth Amendment may be based on a deprivation that occurs at the prison official’s direction or with his or her knowledge or consent, Crowder v. Lash, 687 F.2d 996, 1006 (7th Cir. 1982), Riggins has failed to link these defendants to the alleged constitutional deprivation, which involves the conditions of the cell and not the institutional process that placed him in it.

Section 1983 claims against individual defendants cannot proceed without evidence that they participated in the events underlying the alleged deprivation.

Clark v. Town of Greenwich, No. Cv 00 017 7986 (Jan. 24, 2002) · filed 2002-01-24

In Count Three the plaintiff alleges the Library Defendants violated his federal constitutional rights under color of state law and thereby violated Title 42 of the United States Code, Section 1983 ( 42 U.S.C. § 1983 ). ... However, for the reasons stated above there is no genuine issue as to the fact that Wilson and Taylor did not play a part in the crucial incidents that led to this law suit. Furthermore the plaintiff has proffered no evidence whatsoever to support any claims against The Friends of Greenwich Library. Therefore with respect to Counts Two, Three and Four summary judgment is granted as to Wilson, Taylor and The Friends of Greenwich Library and denied as to Boudreau and Greenwich Library.

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

Farid v. Goord · filed 2002-02-09

“It is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983’.” ... No allegations are made that any of these individuals were personally involved in the events at issue, nor that their policies or neglect led to those events. Therefore, the action is dismissed with prejudice as to defendants Glenn S. Goord, Walter R. Kelly, and Donald Selsky.

Section 1983 requires a plaintiff to identify the defendant responsible for the alleged deprivation.

Rhett v. Scott · filed 2002-02-20

He has not, however, identified Dr. Gardiner as the party responsible for the denial of medical treatment.

A § 1983 claim against a defendant requires allegations of that defendant’s direct involvement.

Johnson v. Medford · filed 2002-02-26

Moreover, while the plaintiff has named Nurse Medford as a defendant to this action, he has failed to set forth a single allegation which describes any direct involvement by this defendant. ... Consequently, this allegation is wholly insufficient to state a claim against defendant Medford.

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

Poirier v. Doyle · filed 2002-03-07

In order to be held responsible for a § 1983 violation, an individual must have personally participated in the alleged constitutional deprivation.

A Section 1983 claim against a defendant fails when the defendant did not participate in the alleged violation.

Day v. D.C. Department of Consumer & Regulatory Affairs · filed 2002-03-12

Because the plaintiffs opposition fails to refute Defendant Lowery’s declaration that he never went to the plaintiffs home on August 10, 1999 and that he was not involved in any of the activities that occurred there on that day, the court treats this fact as conceded by the plaintiff. ... Accordingly, the plaintiff cannot state a valid claim for a violation of his civil rights pursuant to Section 1983 against this defendant, and the court grants Defendant Lowery’s motion to dismiss pursuant to Rule 12(b)(6).

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

Frost v. Symington · filed 2002-03-20

With respect to his claim that he did not receive notice when pornographic magazines were held, we agree with the district court that Frost failed to identify defendants who personally participated in the alleged constitutional violation.

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

Marria v. Broaddus · filed 2002-03-27

We note the well-established rule that liability for damages under § 1983 requires personal involvement by the individual defendant in the alleged constitutional violation.

Section 1983 requires evidence connecting the official sued to the alleged misconduct; an official's improper influence over an adverse decision can establish that connection.

Naucke v. City of Park Hills · filed 2002-03-27

In a claim under § 1983, there must be evidence of a causal connection between the misconduct complained of and the official sued. ... We believe, however, the jury could reasonably have concluded Link improperly influenced the decision-making process, and was able to make good on his threat to have Charles and John terminated.

Receipt of a prisoner's letter alleging misconduct does not automatically establish the personal involvement required for § 1983 liability.

Joyner v. Greiner · filed 2002-03-28

Inaction following receipt of letters from a prisoner regarding alleged violations does not automatically render an official personally hable under Section 1983.

Section 1983 requires evidence that an individual defendant personally caused the alleged differential treatment.

Torres v. City of Chicago · filed 2002-03-29

The “class of one” claim fails because there is no evidence of differential treatment by Sergeant Keller, the only remaining individual defendant. See Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir.2001) (“Section 1983 creates a cause of action based upon personal liability and predicated upon fault.”). Although Sergeant Keller admits that he did not summon medical care for Mr. Rivera, the plaintiff has not pointed to any evidence, nor could I find any in the record, to suggest that Sergeant Keller was the officer who called for the first two ambulances. There is no evidence of differential treatment by Sergeant Keller.

Section 1983 false-arrest liability requires the defendant to have participated in the arrest.

Burley v. Nichelini · filed 2002-04-15

The district court properly granted summary judgment on the false arrest claim as to Officer Nichelini because Burley failed to show that he participated in the arrest.

Section 1983 liability requires a defendant’s personal participation in the alleged deprivation of a constitutional right.

Broer v. Bail · filed 2002-04-17

The district court properly granted summary judgment because Broer failed to show that either Katherine Bail, the former chairperson of the Indeterminate Sentence Review Board, or Chase Riveland, the former DOC Secretary, personally participated in the alleged deprivation of his constitutional right to adequate mental health care treatment.

Section 1983 requires a defendant’s personal involvement; supervisory status alone does not establish liability.

Richardson v. Hillman · filed 2002-04-18

Courts have continually held that the doctrine of respondeat superior is not sufficient to maintain a § 1983 action. Rather, a showing of personal involvement by the defendant is required.

Section 1983 liability requires evidence that the defendant was responsible for the challenged conduct.

Luther v. Burton · filed 2002-04-30

Upon review, we conclude that the district court properly granted summary judgment to the defendants. Luther presented no evidence that either Kent County or Burton were responsible for the conditions of his probation.

Section 1983 requires a showing of a defendant’s personal involvement to obtain relief against that defendant.

Wallace v. Linthicum · filed 2002-05-06

As Wallace has not shown any personal involvement on the part of Linthicum, he is not entitled to relief against her under 42 U.S.C. § 1983.

A § 1983 complaint must allege how each defendant was personally involved in the deprivation of the plaintiff’s rights.

Sansone v. Department of Corrections · filed 2002-05-29

The district court properly dismissed Sansone’s action because the amended complaint failed to allege an actual injury or how any of the defendants were personally involved in the deprivation of San-sone’s rights.

Section 1983 requires a defendant’s personal involvement in or causal connection to the alleged constitutional violation; helping create procedures alone does not establish liability for another official’s application of them.

Ar-Ra'id v. Shakir · filed 2002-06-03

Although Shabazz and Farooq collaborated with Shakir to create these procedures, none of the evidence submitted by Ar-Ra’id in opposition to summary judgment suggests that Shabazz or Farooq were personally involved in the application of the procedures at the Connally Unit. Thus, Ar-Ra’id’s claims that Shabazz and Farooq violated his equal protection rights fail as a matter of law.

Section 1983 requires a defendant to be personally involved in, or causally connected to, an asserted constitutional violation.

Goff v. Anderson · filed 2002-06-04

The documents do not, however, demonstrate that the prison medical director was personally in- volved in Goff’s treatment or was causally connected with the as- serted constitutional violations, except with respect to ordering cessation of Goff’s physical therapy.

Section 1983 does not impose liability on prison officials for medical treatment decisions in which they were not involved.

Taylor v. Norris · filed 2002-06-10

Further, there was no proof that the remaining defendants were involved in the medical treatment decisions. See Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (prison official not involved in treatment decisions made by medical unit’s staff cannot be liable for medical staff’s diagnostic decisions).

Section 1983 requires personal involvement in the constitutional deprivation for a damages award, but direct participation is unnecessary.

Morris v. Eversley · filed 2002-06-13

Defendants correctly argue that personal involvement in the alleged constitutional deprivation is a prerequisite to an award of damages under § 1983. ... Direct participation, however, is not necessary.

Section 1983 requires an individual defendant to have personally participated in the constitutional deprivation to be liable.

Brown v. Kilgore College · filed 2002-06-27

Further, to be liable under § 1983, an individual defendant must have personally participated in the constitutional deprivation.

Section 1983 requires personal involvement in the alleged constitutional deprivation; a commissioner whose involvement is limited to having staff handle a prisoner’s correspondence does not meet that requirement.

Garvin v. Goord · filed 2002-06-28

Following Sealey, this Court has previously recognized that where a commissioner’s involvement in a prisoner’s complaint is limited to forwarding of prisoner correspondence to appropriate staff, the commissioner has insufficient personal involvement to sustain a § 1983 cause of action.

Section 1983 liability requires a defendant’s personal involvement in the alleged deprivation or a causal connection between the defendant’s actions and the deprivation.

Lamonica v. Tanner · filed 2002-07-11

Lamonica’s factual allegations and record evidence were not sufficient to demonstrate that these defendants were personally involved in the alleged deprivation or that there was a causal ... connection between their actions and the alleged deprivation, absent which they could not be liable to Lamonica under 42 U.S.C. § 1983.

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

Patton v. Swift · filed 2002-07-17

Because Patton’s medical restrictions were changed by Physician Assistant J. Gabbard, Patton has not shown that Warden Swift and Dr. Cherian personally changed his medical restrictions in deliberate indifference to his serious medical needs.

Section 1983 claims against a defendant require allegations of that defendant’s direct or supervisory participation.

Milledge v. McCall · filed 2002-07-22

Additionally, the complaint contains numerous claims against others that may also include Mr. McCall by implication, but because those claims do not allege that Mr. Milledge acted as a participant, either directly or in a supervisory role, Mr. McCall was properly dismissed as to those claims.

Section 1983 does not impose liability on an officer merely for being present at a search or belonging to a group; liability requires personal involvement in and a causal connection to the unlawful act.

Jones v. Williams · filed 2002-07-24

We reject the idea that mere presence at a search or membership in a group, without personal involvement in and a causal connection to the unlawful act, can create liability under section 1983.

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

Corrigan v. Jaeger · filed 2002-07-29

Corrigan failed to raise a genuine issue of material fact as to whether any of the defendants were personally involved in the alleged deprivations.

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

Meadows v. California Department of Corrections · filed 2002-07-30

We affirm the district court’s dismissal of Meadows’ claims against Steve Cambra, D.K. Butler, and M. Bunts because Meadows has not alleged that these defendants were personally involved in the deprivation of his civil rights.

Section 1983 requires a basis for holding a defendant responsible for the alleged violation, such as participation in the search or an unreasonable failure to intervene.

Moody v. City of Lewiston · filed 2002-07-31

As to the conduct of the alleged search, there is absolutely no evidence in the record whatever to establish that, in point of fact, Officer Landry participated in such a search. Further, no claim is pleaded, nor is any evidence offered to show, that Officer Landry unreasonably failed to intervene in the conduct of other officers or that their conduct was observed by him to be inappropriate.

Section 1983 requires allegations that each defendant was personally involved in the alleged deprivation of constitutional rights.

Thomason v. Kitzhaber · filed 2002-08-02

In this regard I note that defendants are correct that plaintiff has failed to allege that defendants Governor Kitzhaber, David Cook, and Catherine Knox were personally involved in any alleged deprivation of his constitutional rights. Consequently, these three defendants are entitled to dismissal.

A state official whose causal connection supports an Ex parte Young suit satisfies § 1983’s personal-involvement requirement.

Artichoke Joe's v. Norton · filed 2002-08-05

Because the personal involvement requirement for § 1983 and the causal connection requirement for Young are so similar, and largely serve the same purposes, the court's determination that the state defendants may be sued under Young also establishes that they are proper defendants under § 1983.

Section 1983 requires allegations identifying each defendant’s own conduct in the alleged violation.

Becker v. Montgomery · filed 2002-08-13

The complaint also fails to allege with any particularity the conduct of each individual defendant that would demonstrate that the defendant acted to intentionally expose Becker to ETS.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; providing information to officials who independently decide to suspend an employee does not establish liability for that decision.

Silverman v. City of New York · filed 2002-08-14

Under these facts, Khaaliq, Lawrence, Arnold and Navarro cannot be said to have “participated” in the decision to suspend Silverman, and therefore they cannot be held liable for that decision.

Section 1983 requires personal involvement in the challenged conduct; awareness of another official’s decision alone is insufficient.

Scicluna v. Wells · filed 2002-08-20

First, Scicluna presents no evidence that either Straub or Borgert had any involvement in the decision to place him on a top bunk even if they were aware of the decision.

A § 1983 plaintiff alleging retaliation must identify each defendant and the retaliatory act each took.

Proffit v. Rowley · filed 2002-08-22

On remand, Mr. Proffit should be directed to amend his complaint to identify: (1) each person he is naming as a defendant; and (2) what retaliatory act each defendant took against him.

Section 1983 requires an affirmative link between a defendant’s personal involvement or failure to supervise and the alleged constitutional violation.

Frey v. McKinna · filed 2002-08-27

When Mr. Frey was unable to demonstrate any affirmative link between the alleged constitutional violations and any “personal participation, [] exercise of control or discretion, or [] failure to supervise on the part of defendant,” ... the district court correctly dismissed the complaint under Rule 12(b)(6) for failure to state a claim.

A § 1983 complaint must support a reasonable inference that each defendant was causally involved in the alleged deprivation; supervisory status alone is insufficient.

Cruz-Baez v. Negron-Irizarry · filed 2002-09-04

Moreover, the fact that Ms. Soto headed the department where Mr. Irizar-ry-Bonilla so-happened to work, even when taken as true, does not allow the Court to reasonably infer a claim against Ms. Soto, for which relief could be granted. The Court finds that even a liberal reading of the complaint would not render acceptable the notion that Ms. Soto had any causal relation as to Mr. Irizarry-Bonilla’s illegal discharge.

Section 1983 imposes personal liability on defendants who participate in a rights violation, direct it, or know of and acquiesce in subordinates’ violations.

Black Hawk v. Pennsylvania · filed 2002-09-25

In order to be personally liable under § 1983, the defendants must have participated in violating Black Hawk’s rights, directed others to violate them, or had knowledge of and acquiesced in subordinates’ violations.

A § 1983 claim against officers fails when there is no evidence that any officer caused the alleged injury.

Dean v. Baltas · filed 2002-10-07

His cellmate reported that Dean fell in the cell and hit his head; there is no evidence from any source that any of the officers caused the injury. The district court accordingly was correct in entering summary judgment against Dean on his claims for violation of § 1983 and for battery, intentional infliction of emotional distress, and negligence.

A § 1983 complaint must allege the harm a defendant caused to state a claim against that defendant.

Mays v. Norris · filed 2002-10-09

Magistrate Judge Henry L. Jones, Jr. recommended Mays’s claims against three of the original defendants be dropped because Mays’s amended complaint failed to state the harm those three defendants caused. Fourteen days later, District Judge James M. Moody adopted this recommendation and entered an order dismissing the claims against those three defendants. Having reviewed the record, we find the partial dismissal by the district court was appropriate.

A § 1983 complaint adequately pleads a prison official’s personal involvement by alleging his role in imposing the challenged condition.

Phelps v. Kapnolas · filed 2002-10-17

Phelps’s Amended Complaint states an Eighth Amendment claim and, as the Magistrate Judge’s Report and Recommendation found, adequately pleads Kapnolas’s personal involvement in the imposition of the restricted diet.

Section 1983 requires a prison administrator’s personal involvement; respondeat superior or negligent supervision alone is insufficient.

Andrews v. Hanks · filed 2002-10-21

When making a § 1983 claim against administrative defendants who did not directly provide medical care, a plaintiff cannot simply rely on a theory of respondeat superior or negligent supervision.

Section 1983 requires a defendant’s personal involvement in the challenged conduct; a defendant with no involvement in the alleged retaliatory discipline is entitled to summary judgment.

Bennett v. City of Holyoke · filed 2002-11-07

As the record indicates that defendants Cournoyer, Donoghue, Szost-kiewicz, and the City of Holyoke all participated in disciplining and/or declining to promote Bennett, the plaintiff has a sustainable § 1983 claim with respect to these defendants. The record, however, is barren as to Therrien’s involvement in the specific episodes of discipline described above. The court will therefore allow the motion for summary judgment regarding this count against Therrien.

Section 1983 requires an allegation that each defendant personally participated in the deprivation; vicarious liability alone is insufficient.

Lee v. Suthers · filed 2002-11-08

The Plaintiff could not rely on a vicarious liability theory, because "[p]ersonal participation is an essential allegation in a § 1983 claim." Mitchell v. Maynard, 80 F.3d 1433, 1441 (10th Cir. 1996) (internal quotation marks omitted). ... Therefore, for substantially the reasons given by the district court, we AFFIRM the district court’s decisions to grant the Defendants’ motion and to deny the Plaintiff’s motions.

Section 1983 damages claims against supervisors require facts showing their personal involvement in the alleged constitutional deprivation; conclusory allegations of knowledge do not suffice.

Word v. Croce · filed 2002-11-08

Here, as in Word II, Plaintiff has alleged no facts showing direct involvement by Defendants Croce and Goord. At most, Plaintiff makes conclusory allegations that Defendants Croce and Goord had knowledge of the constitutional violations alleged in her complaint.

Section 1983 liability requires a connection between the defendant’s actions and the claimed arrest, prosecution, or imprisonment.

Gorcaj v. Medulla · filed 2002-11-15

Though Medulla’s rationale for concluding that Rrok Goreaj owned the property is also troubling, there are several reasons why her behavior does not fall under the scope of section 1983. She is the “complaining witness” and does not have the authority to arrest or prosecute the violation. ... Finally, even when examining all of Medulla’s actions occurring before the critical event of Gor-caj holding himself out as property owner, in this instance these actions in themselves do not lead to an actual arrest, prosecution or imprisonment. Rather, Goreaj had to affirmatively act in order for these events to occur.

Section 1983 liability for a dangerous detention depends on evidence connecting each officer to the detention and its harmful conditions.

Burchett v. Kiefer · filed 2002-11-19

Given the heat and Bliss’s awareness of the conditions and length of Burchett’s detention, there are genuine issues of material fact with respect to Bliss’s liability. Similarly, Sheriff Greg Kiefer was present when the officers detained Burchett in the cruiser and when Burchett was released, and Kiefer stated that he saw Burchett in the cruiser several times during the detention. Accordingly, Kiefer knew the length of Burchett’s detention in the car, and a reasonable officer in Kiefer’s place would have recognized the danger and the violation.

Section 1983 requires evidence linking an officer to the alleged violation; an officer who played no role in applying for a challenged search warrant is entitled to summary judgment on that claim.

Dahl v. Holley · filed 2002-11-19

At the outset, we note that Dahl has not linked any of the officers, other than Beeson, to the alleged violation underlying her unlawful search claim. The warrant affidavit upon which this claim is based was submitted only by Beeson, and Dahl points to no evidence that the other officers played any role in applying for the warrant. On this basis alone, the other officers were entitled to summary judgment.

Section 1983 requires a defendant to participate in the violation, direct it, or knowingly acquiesce in it while exercising supervisory authority.

West v. MacHt · filed 2002-12-03

To have the requisite degree of involvement to be liable under § 1983 a defendant must have participated in the violation, directed others to commit it or with supervisory authority had knowledge of and acquiesced in the violations.

Section 1983 requires a defendant’s personal involvement; receiving a prisoner’s correspondence without acting on it does not, by itself, establish liability.

Johnson v. Wright · filed 2002-12-06

Again, an allegation that a prison official received correspondence and did not act on it does not state a claim for personal involvement under section 1983.

Section 1983 claims against officials in their individual capacities require a pleaded connection between those officials and the allegedly unconstitutional action.

Angay v. Soon · filed 2002-12-10

The district court properly dismissed Appellants’ claims against the DHHL officials in their individual capacities, because Appellants failed to plead a connection between these individuals and the allegedly unconstitutional action.

Section 1983 requires evidence of an individual defendant’s personal involvement in an alleged constitutional violation to impose individual liability.

Lupo v. Voinovich · filed 2002-12-12

In absence of evidence indicating some manner of personal involvement, liability cannot be imposed on an individual under § 1983.

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

Davis v. New York · filed 2002-12-13

The dismissal of Davis’s claim against Pataki is affirmed, because Davis did not sufficiently allege Pataki’s personal involvement in Attica’s smoking policies.

Section 1983 requires personal involvement by an individually named defendant in the alleged prohibited conduct.

Rivas v. New York State Lottery · filed 2002-12-20

And Rivas never alleged that the individually named defendants were personally involved in any of the allegedly prohibited conduct, as is required to state a claim pursuant to § 1983.

Section 1983 liability against an individual defendant requires evidence of the defendant’s personal involvement in the challenged decision.

Franz v. Five Rivers MetroParks · filed 2002-12-30

At issue is whether Chief Jones can be held liable under § 1983. ... What is more, she has not adduced any evidence demonstrating how Chief Jones himself played any significant and material role in the decision-making process leading to the filling of the various job openings she sought.

Section 1983 requires a plaintiff to show that each defendant’s own conduct caused the deprivation of a constitutional right.

McSorley v. Richmond · filed 2002-12-31

Because a § 1983 claim is defendant-specific, a plaintiff must show how each defendant’s own, personal conduct caused the plaintiff to be deprived of a constitutional right.

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

Lindell v. Doe · filed 2003-01-03

At the outset, we note that Lindell did not allege that any defendant other than Doe was personally involved in violating his constitutional rights, and therefore he failed to state a claim against any named defendant.

A § 1983 complaint must specify how each defendant was involved in the alleged violation of a protected right.

Beau T. Berge v. VanLangen · filed 2003-01-13

As to Shatto, Milburn, and Lamack, however, Berge failed to specify in his complaint how any of them violated a protected right.

A § 1983 claim against an individual requires proof of that person’s involvement in the alleged deprivation.

Grassel v. Board of Education · filed 2003-01-13

Since the plaintiff failed to establish that former Board Chancellor Rudolph Crew was involved in the plaintiff’s suspension, the plaintiff’s 42 USC § 1983 claim against Crew was properly dismissed (see Al-Jundi v Estate of Rockefeller, 885 F2d 1060, 1065; Williams v Smith, 781 F2d 319).

A § 1983 claim against an individual defendant requires evidence of that defendant’s personal involvement in the alleged constitutional violation.

Fisher v. Urbach · filed 2003-01-17

The district court also properly granted summary judgment to Michael Urbach, the former Tax Department Commissioner, because Fisher failed to adduce evidence demonstrating that Urbach was personally involved in the alleged constitutional violation.

Section 1983 does not impose liability for a police dog’s use of force on officers who had no control over or ability to restrain the dog.

Hinds v. Mohr · filed 2003-01-21

Plaintiff does not con- tend that the remaining defendants possessed by virtue of their posi- tions or their training any ability to restrain the dog while it was under Mohr’s command.

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

In re Davis · filed 2003-01-28

Furthermore, a complaint must allege that the defendants were personally involved in the alleged deprivation of federal rights.

Section 1983 requires evidence connecting the defendant to the alleged harm; conjecture about the defendant’s responsibility cannot defeat summary judgment.

Rodriguez v. Schneider · filed 2003-02-11

However, it is undisputed that Lt. Schneider was not on duty on the day the glass was placed in Rodriguez’s food, and Rodriguez has pointed to no evidence establishing that anyone else did so at Lt. Schneider’s direction. Any inference that Lt. Schneider was responsible for this incident would be sheer conjecture and thus insufficient to defeat summary judgment.

Section 1983 permits a false arrest claim against an officer who actively assists and participates in the arrest.

MacK v. Town of Wallkill · filed 2003-02-24

Mack’s allegations are sufficient to support an inference that Bruce actively assisted and participated in her arrest.

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

Torres v. Mazzuca · filed 2003-02-25

Because Torres does not assert facts that indicate that Mazzuca was personally involved with the Incident alleged to have violated Torres’s Eighth Amendment rights, the claim against Maz-zuca must be dismissed.

Section 1983 requires allegations that a named defendant was personally involved in the alleged deprivation.

Neusteter v. Cossobone · filed 2003-03-03

Neusteter fails, however, to allege that these or any named defendants had any involvement with the withholding or disposition of property while Neusteter was in a holding cell.

Section 1983 does not make prison officials personally liable for an alleged deprivation of treatment merely because they received notice through grievances or letters.

Johnson v. Million · filed 2003-03-07

The grant of summary judgment as to Million and Kimbler was proper because any notice of Johnson’s problems which they may have received through the grievance system or Johnson’s letters was insufficient to make them personally hable for the alleged deprivation of treatment.

Section 1983 requires evidence that an individual defendant was involved in the alleged constitutional violation.

Boyden v. O'Sullivan · filed 2003-03-13

Because Boyden testified that defendant O’Sullivan was not one of the officers involved in the alleged Fourth Amendment violation, the district court properly granted the Rule 50(a) motion in favor of defendant O’Sullivan.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory authority alone is insufficient.

Atkins v. County of Orange · filed 2003-03-14

To state a claim under § 1983, plaintiffs must allege direct or personal involvement in the alleged constitutional violation. ... Because there is no personal involvement, the § 1983 claims against Rampe are dismissed.

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

Durran v. Selsky · filed 2003-03-20

Plaintiff must show that McGinnis was personally involved in the acts that allegedly violated plaintiffs constitutional rights, and he has not done so.

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

Mezhbein v. Butler · filed 2003-03-20

The district court properly granted summary judgment because the evidence did not show a genuine issue of material fact as to whether any defendant denied or personally delayed Mezhbein’s access to dental care.

Section 1983 requires a direct link between a named defendant and the alleged misconduct.

Jensen v. Henry · filed 2003-03-21

The district court properly dismissed Jensen’s claims against Governor Wilson, Director Terhune, Warden Henry, Acting Warden Reasor and Associate Warden Arredondo because Jensen failed to allege a direct link between the named defendants and the alleged misconduct.

Section 1983 requires a damages plaintiff to allege specific facts showing each defendant’s personal or direct involvement in the violation.

McCoy v. Goord · filed 2003-03-25

To state a claim for damages under § 1983, a plaintiff must allege specific facts to demonstrate that the defendants were personally or directly involved in the violation, that is, that there was “personal participation by one who ha[d] knowledge of the facts that rendered the conduct illegal.”

Section 1983 requires an individual defendant’s personal involvement for liability.

Rivera v. Goord · filed 2003-03-28

An individual defendant is not liable under § 1983 absent personal involvement.

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

DeLaFont v. Beckelman · filed 2003-04-04

A plaintiff may bring a Section 1983 claim only against those individuals actually responsible for the constitutional deprivation. ... Plaintiffs may not rely on the doctrine of respondeat superior but must allege personal involvement in the wrongdoing.

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

Bieber v. Wisconsin Department of Corrections · filed 2003-04-07

Nor does he explain how Secretary Litscher was personally involved in any constitutional wrongdoing.

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

Dwire v. Toth · filed 2003-04-08

Because the complaint set forth no allegations of misconduct specific to them, Mr. Dwire failed to allege the necessary personal involvement required for liability under § 1983. ... After a careful review of the record, we affirm the dismissal of this action for substantially the same reasons set forth in the district court’s order dated February 28, 2002.

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

Jurgevich v. McGary · filed 2003-04-21

The district court ultimately granted defendants’ motion, correctly ruling that the original defendants had no personal involvement in the alleged delay of medical treatment.

Section 1983 permits personal liability when a defendant acts or fails to act with deliberate or reckless disregard of constitutional rights, or when the deprivation occurs at the defendant’s direction or with the defendant’s knowledge and consent.

Segreti v. Gillen · filed 2003-05-01

For a § 1983 claim, a defendant is personally involved in the violation if he “act[ed] or fail[ed] to act with a deliberate or'reckless disregard of plaintiffs constitutional rights, or if the conduct causing the constitutional deprivation occur[red] at [the defendant’s] direction or with [the defendant’s] knowledge and consent.”

Section 1983 damages require a defendant’s personal involvement in the alleged constitutional deprivation; participation without knowledge of the facts making the conduct unlawful was insufficient.

Kantha v. Blue · filed 2003-05-02

“It is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’ ” ... But there is not a scintilla of evidence in the record that Tolbert knew that someone in State Operations wanted her to fire plaintiff because of her allegations that Blue discriminated against women employees at the Division.

Section 1983 requires specific factual allegations showing the defendant’s participation in the alleged discriminatory practice.

Martin v. Hensley · filed 2003-05-15

Martin’s attempt to state an equal protection claim under section 1983 fails because her complaint lacks specific factual allegations showing the defendant participated in the alleged discriminatory prae-tice.

Section 1983 requires a defendant to know of or participate in the activities connected to the alleged rights violation.

Blake v. Melching · filed 2003-05-15

The district court also properly granted summary judgment on Blake’s claim that he was prevented from ordering books, because he did not allege that any of the defendants “knew of or participated in activities connected to the alleged § 1983 violations.” Ortez v. Washington County, State of Or., 88 F.3d 804, 809 (9th Cir.1996).