42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 liability requires a causal link to, and direct responsibility for, the deprivation of a constitutional right.
King v. Marks, Dr. · filed 1994-01-10
"Liability under [section] 1983 requires a causal link to, and direct responsibility for, the deprivation of [constitutional] rights."Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendant personally participated in the alleged misconduct to withstand summary judgment.
Mason v. Meiners · filed 1994-01-28
We agree with the district court that Mason produced no facts showing that Meiners had any involvement in destroying, altering, or suppressing any evidence.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege or show a defendant’s own action connecting that defendant to the asserted deprivation.
William L. Hayes, II v. Raymond G. Toombs, Warden · filed 1994-02-01
Hayes neither alleges nor demonstrates any action by the defendant Toombs connecting him to Hayes's asserted dental problems.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials who played no role in, or lacked authority to make, the challenged decision.
Delker v. Maass · filed 1994-02-02
At the conclusion of plaintiffs case-in-chief, I entered judgment for defendants Maass, Hall, and Lilienthal because they either played no role in, or lacked authority to make, the decision whether to authorize surgery.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation of rights to hold a state officer individually liable.
Feliciano v. DuBois · filed 1994-02-10
In order for a state officer to be properly brought into a suit individually under § 1983, the officer must be shown to have been in some manner personally involved in the alleged deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have participated in the deprivation of rights or to have known of and acquiesced in it.
Coleman v. Frame · filed 1994-02-16
To be hable in an action under § 1983, a defendant must have participated in, or had personal knowledge of and acquiesced in, the actions which deprived plaintiff of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 permits an inference that an individual supervisor personally participated in a challenged termination from evidence of his supervisory role and involvement in hiring the employee.
Livesay v. Ray Shollenbarger and Fred Nevarez · filed 1994-02-18
From the evidence that Nevarez participated in the decision to hire the plaintiff, and the evidence that she reported to him as her immediate supervisor, the jury could properly infer that Nevarez was a participant in the decision to terminate her.Read the full opinion on CourtListener →
Section 1983 requires sufficient personal involvement by an officer in the alleged constitutional violation to support recovery against that officer.
Johnston v. City of Houston, Tex. · filed 1994-02-22
Although Johnston asserts a constitutional violation, his complaint fails to allege sufficient involvement by Owens to lay a foundation for recovery under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official who did not decide to impose or continue a restraint and carried out his duty to check on the prisoner.
Williams v. Peter Vidor and Willie Ray · filed 1994-02-23
With respect to Sergeant Ray, we have no problem with approving the grant of summary judgment to him because the record shows without dispute that he did not make the decision to place Williams in the TOB regime, did not make the decision to keep Williams there for any particular period of time and that he did carry out his duty, personally or by guards under his direction, to check on Williams from time to time.Read the full opinion on CourtListener →
Section 1983 requires the plaintiff to link the defendant to the challenged conduct for which the plaintiff seeks to hold that defendant liable.
Japhus L. Dooley, Also Known as Briggs v. Brooks Parks, Classification Officer, Wrightsville Unit, Arkansas Department o · filed 1994-03-23
Dooley did not show that the job assignments for which Parks was responsible were inconsistent with his medical classification and did not link Parks to any post-May 13 hoe squad assignment. In addition, the magistrate judge properly found that Dooley did not link Parks to the disciplinary actions taken against him.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the alleged constitutional deprivation.
Gavin v. Ammons · filed 1994-04-06
First, even accepting Gavin's allegations as true, he has failed to link any of the defendants with the denial of medical treatment. 1 "[A]n individual cannot be held liable in a Sec. 1983 action unless he caused or participated in an alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the constitutional deprivation for an award of damages against a defendant.
Huey B. Wright v. Harold Smith and Thomas A. Coughlin, III · filed 1994-04-06
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.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement or responsibility to impose liability on a jail official for failing to protect a detainee.
Tucker v. Hill · filed 1994-04-14
We find that the district court correctly granted summary judgment to Bretherick and Busby. The record reflects that neither defendant had any personal contact with Tucker prior to the assault or knew he faced a pervasive risk of harm. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993) (Sec. 1983 liability requires some personal involvement or responsibility); Andrews v. Siegel, 929 F.2d 1326, 1330 (8th Cir. 1991) (to establish reckless disregard of right to be free from inmate attack, plaintiff must show he faced pervasive risk of harm and officials failed to respond reasonably; single incident not pervasive risk).Read the full opinion on CourtListener →
Section 1983 personal-capacity liability requires sufficient personal involvement in the alleged constitutional violation.
Azania v. Bayh · filed 1994-04-20
The district court properly dismissed Azania's claims against defendants Evan Bayh, James Aiken, and Robert Farley because the complaint does not allege sufficient personal involvement in the alleged constitutional violations by these defendants.Read the full opinion on CourtListener →
Section 1983 claims against officials may proceed when the officials were actively involved in the events leading to the alleged constitutional injury.
Kelly v. New York State Executive Department · filed 1994-04-28
Accordingly, because Lehman and Caccese were actively involved in the events culminating in plaintiff’s demotion, Supreme Court’s denial of their motions for summary judgment was proper (see, Lundgren v Curiale, 836 F Supp 165, 169).Read the full opinion on CourtListener →
Individual liability under Section 1983 requires the defendant’s personal responsibility for the alleged constitutional deprivation.
Montgomery v. Nothstein · filed 1994-05-03
Individual liability under Sec. 1983, regardless of the particular constitutional theory, must be based upon personal responsibility.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who were not involved in the alleged due process deprivation.
Nix v. Evatt · filed 1994-05-05
The court adopts the magistrate judge’s recommendation to grant summary judgment as to defendants Evatt, Galloway, Franklin, and Morgan, since it is undisputed that none of them were involved in the procedural due process claim.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant’s action or inaction proximately caused the alleged constitutional deprivation.
Locken v. Robbins · filed 1994-05-18
In order to prevail on a medical claim in a Sec. 1983 action, the plaintiff must prove that: (1) the specific defendant, in acting or failing to act, was deliberately indifferent to the plaintiff's serious medical needs and (2) this indifference was the actual and proximate cause of the constitutional deprivation.Read the full opinion on CourtListener →
A supervisor who knows of unlawful practices and fails to take preventive action can satisfy Section 1983’s personal-involvement requirement.
Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, Captain · filed 1994-05-31
At a minimum, Lane is presumed to have knowledge of Menard’s resolution agreement with the Department of Justice and thus of the unlawful practices at Menard. He failed, however, to take any preventive action and thus Black’s complaint sufficiently alleges Lane’s personal involvement.Read the full opinion on CourtListener →
An individual is liable under Section 1983 only if personally involved in the deprivation of a constitutional right.
Fox Fuel v. Delaware County Schools Joint Purchasing Board · filed 1994-06-08
For an individual to be liable under 42 U.S.C. § 1983, he or she must have some personal involvement in the deprivation of the constitutionally protected right.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each named defendant’s actions and the alleged deprivation of a federal right.
Moraga v. Kaiser · filed 1994-06-08
The plaintiff must demonstrate a causal connection between the named defendants and the alleged constitutional deprivation. ... Moraga fails to present any specific evidence to demonstrate a causal connection between the actions of any of these three defendants and the denial of his knee surgery.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an action by each defendant to state a claim against that defendant.
Meadows v. Trotter · filed 1994-06-10
When a plaintiff completely fails to allege any action by a defendant, it necessarily “appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief.”Read the full opinion on CourtListener →
Section 1983 liability requires evidence that the defendant was personally involved in or responsible for the alleged constitutional wrong.
Wood v. Officer Roschell, Varner Unit, Arkansas Department of Correction Dr. Dermot Dunne, Diagnostic Unit · filed 1994-06-13
These arguments are entirely without merit as he presented no evidence linking either defendant to the alleged constitutional wrongs. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993) (section 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link alleged retaliatory acts to the defendant officials.
Villegas v. Marshall · filed 1994-06-20
Villegas was given two opportunities to link the alleged acts of retaliation to any of the prison officials but did not do so. Dismissal of the retaliation claim was not an abuse of discretion.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a named defendant and the alleged constitutional violation.
Best v. Samuel A. Lewis, Director · filed 1994-06-30
Moreover, Best has not established a causal link between any named defendant and the purported constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant personally participated in the alleged constitutional violation.
Hunt v. City and County of San Francisco · filed 1994-06-30
Nor did Hunt provide any evidence that Police Officers D'Arcy and Sudano engaged in any conduct that violated Hunt's Fourth Amendment rights. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) ("Liability under section 1983 arises only upon a showing of personal participation by the defendant [in an alleged violation of plaintiff's constitutional rights].") Accordingly, the district court properly granted summary judgment in favor of Officers Gamble, D'Arcy, and Sudano.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant to have been personally involved in the alleged wrongful action.
Kontos v. Wheeler · filed 1994-07-06
The complaint was correctly dismissed under 28 U.S.C. Sec. 1915(d) as to defendants not personally involved in the storage of the plaintiff's property. See Rizzo v. Goode, 423 U.S. 362, 376-77 (1976) (liability under Sec. 1983 requires that defendant have had affirmative part in alleged wrongful action).Read the full opinion on CourtListener →
Section 1983 damages claims against individual prison officials require specific facts showing that each defendant caused a constitutional violation.
Brigaerts v. Sheriff Cardoza San Mateo City Board of Supervisors · filed 1994-07-07
A prisoner seeking damages must set forth specific facts showing that each individual defendant caused a violation of the prisoner's eighth amendment rights.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link and direct responsibility for the deprivation of rights; an official who did not order the challenged confinement and lacked authority to do so is not liable.
Williams v. Don Roper, Linda Wilkson, Del Casby · filed 1994-07-12
Considering Salts's testimony that he did not order Williams to be placed in a strip cell, and in fact had no authority to do so, we conclude the district court's finding is not clearly erroneous. Thus, the court properly dismissed this suit. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (section 1983 liability "requires a causal link to, and direct responsibility for, the deprivation of rights").Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in or responsibility for the alleged violation.
White v. Bradberry · filed 1994-07-15
White has not shown that either Banks or Lockhart had any involvement with his classification or limitations. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993); Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (Sec. 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 liability requires some personal involvement in or responsibility for the alleged deprivation.
White v. Marks · filed 1994-07-15
As to Marks, the record shows that Marks did not have any personal involvement in or responsibility for White's medical classification or job assignment. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993); Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (Sec. 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 requires evidence of a causal connection between each named defendant’s actions and the alleged deprivation.
Royse v. Joseph D. Lehman Michael Ponti Walter L. Kautzky Chase A. Riveland · filed 1994-08-09
Royse also failed to present any evidence demonstrating a causal connection between the actions of any named defendant and the temporary denial of his television.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant who was not personally involved in the actions giving rise to the claim.
Farr v. Pinkerton · filed 1994-08-25
Defendant Hocking is not subject to Sec. 1983 liability because he was not personally involved in the actions giving rise to Farr's claims.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials for a constitutional violation unless the challenged conduct occurred at their direction or with their knowledge and consent.
Jones v. David Sandahl, Michael Bond, and Edwina Arington · filed 1994-09-07
Finally, the warden and education facility administrator both filed affidavits stating that they had no personal involvement in Arington's decision to fire plaintiff. These two officials could not be held liable for a constitutional violation because the conduct complained of was not at their direction or with their knowledge and consent.Read the full opinion on CourtListener →
Section 1983 requires proof of a defendant’s personal involvement in the constitutional violation to recover damages.
Lowrance v. Coughlin · filed 1994-09-08
Proof of a defendant’s personal involvement in the alleged constitutional violation is a prerequisite to recovery of damages.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personal responsibility for the alleged constitutional deprivation.
Antonelli v. Sheahan · filed 1994-09-16
To be liable under 42 U.S.C. § 1983, a defendant must have some measure of personal responsibility for the alleged constitutional deprivation.Read the full opinion on CourtListener →
A § 1983 plaintiff opposing summary judgment must identify specific facts showing the defendant’s participation in the deprivation of a protected right and a causal connection to the alleged harm.
Stokes v. Brian McGuire Lt. · filed 1994-09-27
In order to prevent summary judgment, the nonmoving party must (1) set forth specific facts as to the defendant's participation in the deprivation of the protected right, and (2) establish the causal connection between the defendant's action and the harm allegedly suffered.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged deprivation of rights.
Mithrandir v. Robert Brown, Jr. John Jabe Ray Toombs Richard Boody · filed 1994-09-29
Finally, the magistrate judge and district court analyzed Mithrandir's claims alleging violations of due process and right of access to the courts and correctly determined that Mithrandir failed to state facts which would show personal involvement by the named defendants in the confiscation of his legal materials and resultant denial of access to the Michigan Supreme Court.Read the full opinion on CourtListener →
Section 1983 imposes liability only when a defendant acts or fails to act with deliberate indifference or reckless disregard of constitutional rights, or directs or knowingly consents to the conduct causing the deprivation.
Wilson v. Schomig · filed 1994-09-30
It is well established that liability under § 1983 will attach to a defendant only where “she acts or fails to act with a deliberate indifference or reckless disregard of plaintiffs constitutional rights, or if the conduct causing the constitutional deprivation occurs at her direction or with her knowledge and consent.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged due process deprivation or responsibility for providing the required hearing to sustain a claim against an individual defendant.
Bedford v. Southeastern Pennsylvania Trans. Authoirty · filed 1994-10-18
There is, however, no evidence that defendants Van de Beek or Pierce were involved in the termination decision or were responsible for providing pretermination hearings for transit police officers.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a defendant participated in or was the moving force behind the constitutional deprivation.
Wagner v. County of Cattaraugus · filed 1994-10-19
To establish the requisite causation under § 1983, plaintiffs must show that the defendant participated in or was the “moving force” behind the constitutional deprivation.Read the full opinion on CourtListener →
A factual dispute over a defendant’s personal involvement in the alleged deprivation can preclude summary judgment on a § 1983 claim.
Hannah v. Sweeney, No. Cv94 0310160s (Nov. 28, 1994) · filed 1994-11-28
It would appear that genuine issues of material fact exist as to whether Sweeney was involved in the incident and the filing of the complaint and whether he would be liable under 42 U.S.C. § 1983 .Read the full opinion on CourtListener →
Section 1983 imposes individual liability on an official only when an affirmative link exists between the official’s conduct and the alleged constitutional deprivation.
Housley v. C.D. Dodson Larry Williams Ed Covey Rick Webb J.M. Kelly and Oklahoma Department of Health · filed 1994-11-29
An official is not individually liable unless an affirmative link exists between that official’s conduct and the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the events giving rise to the claim before that defendant can be held liable.
Acord v. Robert Brown, Former Director of the Michigan Department of Corrections · filed 1994-12-05
In regard to his claim concerning his tight-fitting shoes, the claim was properly summarily dismissed because he has not shown that the named defendants were personally involved in the events giving rise to his complaint.Read the full opinion on CourtListener →
Section 1983 requires a factual connection between a defendant and the alleged deprivation; a party named only to implement a possible judgment is not liable without involvement in the alleged conduct.
Hamilton v. New York State Department of Mental Hygiene · filed 1994-12-05
The court concludes that the Remedial Defendants are not proper parties to this action. There is no basis on which to hold any of the Remedial Defendants liable under either Title VII, the ADEA, or Section 1983, where there is no factual basis on which to connect these Defendants with a cause of action under the statutes.Read the full opinion on CourtListener →
A § 1983 warrantless-inspection claim cannot proceed against individual defendants without evidence that they conducted the challenged inspections.
Nancy Williams, Richard Williams, Larry James v. City of Little Rock, Barry Burke, Roy Settoon, Billy Tucker, Tracy Roar · filed 1994-12-30
Plaintiffs alleged that warrantless inspections by City officials violated their First, Fourth, Fifth, and Fourteenth Amendment rights. Plaintiffs provided no evidence that any defendants other that Tucker, Roark, and Hyatt ever conducted warrantless inspections. As these three were never served, summary judgment on this claim was proper as to the remaining individual defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation for that defendant to be held liable.
Hodges v. Jones · filed 1995-01-04
Plaintiff, however, has failed to allege any personal involvement by defendants Jones, Keenan or Adler with respect to this claim. Absent some personal involvement, none of these three defendants can be held hable under section 1983 for this claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; claims against defendants with no alleged involvement are dismissed.
McCorkle v. Walker · filed 1995-01-04
Even on a generous reading of the amended complaint, plaintiff alleges no facts indicating personal involvement of defendants Coughlin or Rosado in any of the alleged violations. Therefore, all claims are dismissed as to defendants Coughlin and Rosa-do.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify the state actor who allegedly violated a federal right, but evidence implicating multiple officers can sufficiently establish identity to survive summary judgment.
Ponce v. Hugh Lloyd R. Green Ernie Magana Sherman Block, Sheriff County of Los Angeles · filed 1995-01-25
Ponce bears the burden of proving each essential element of his section 1983 claim, including the identity of the person, acting under color of state law, who allegedly violated his federally protected rights. See 42 U.S.C. Sec. 1983. However, Ponce presented evidence implicating both Magana and Lloyd. We conclude that under the circumstances, Ponce made a sufficient showing of identity to survive a motion for summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a named defendant to be responsible for the alleged deprivation; a claim based on an inmate’s exclusion from a hearing fails against defendants not alleged to have caused that exclusion.
Thomas v. J. Wilcox Marjorie Van Ochten · filed 1995-02-07
However, Thomas does not allege that either of the named defendants was responsible for improperly holding the hearing in his absence.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for damages liability.
Jermosen v. Coughlin · filed 1995-03-02
In other words, none of the defendants, with the exception of McCauley, can be held liable under 42 U.S.C. § 1983 because they were not personally responsible for handling the mail that Jermosen claims was interfered with, and have all declared in their answers to his interrogatories that they have no personal knowledge of these alleged incidents.Read the full opinion on CourtListener →
Section 1983 requires a causal link and direct responsibility for the deprivation of rights; defendants who were not personally involved in the challenged acts are not liable.
Corns v. Collins · filed 1995-03-09
There was no evidence that Byus or Rogers were personally involved in, or directly responsible for, the delay in Corns obtaining his shoe from a doctor at the diagnostic unit, or Corns's work assignment. See Madewell v. Roberts, 909 F.2d 1203, 1207, 1208 (8th Cir. 1990) (compelled labor beyond inmate's physical capability violates Eighth Amendment; "[l]iability under Sec. 1983 requires a causal link to, and direct responsibility for, the deprivation of rights").Read the full opinion on CourtListener →
A plaintiff seeking damages under § 1983 must establish each defendant’s direct personal involvement, participation, or responsibility for the challenged conditions.
Martin v. DeBruyn · filed 1995-03-14
A § 1983 plaintiff seeking damages must always establish a defendant’s direct personal involvement, or participation, or direct responsibility for the conditions of which he complains.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation before damages may be assessed against that defendant.
Samuels v. LeFevre · filed 1995-03-14
The personal involvement of a defendant is a prerequisite for the assessment of damages in Section 1983 claims.Read the full opinion on CourtListener →
Section 1983 requires evidence of an official’s personal involvement before the official can be held liable for subordinates’ alleged constitutional violations.
Lentz v. Anderson · filed 1995-03-17
Because there is no evidence that Governor Voinovich, Department of Rehabilitation and Correction Director Wilkinson, OPI Director Anderson, and OPI Manager Mustard were personally involved in the prison’s decision-making process which led to plaintiffs allegations of cruel and unusual punishment, they will be dismissed from any § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation.
Crowell v. John Thomas, Warden Shannon McReynolds Manager · filed 1995-03-29
We agree with the district court that petitioner has failed to allege any facts that would show personal involvement by defendants Thomas or McReynolds in the allegations relating to his personal property and to the food service.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally connected to the alleged deprivation of rights.
Lucien v. A.G. Bierman · filed 1995-04-06
Although permitting the claim concerning the conditions of confinement to proceed against Bierman, the district court dismissed the claim against the other defendants because Lucien alleged no personal involvement on the part of the defendants. We agree with the district court that Lucien's claim did not connect the defendants personally to the alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged violation to hold that defendant liable.
Garland v. Lawrence Simpson, Sheriff J. Catland, Deputy C. Quarles, Deputy · filed 1995-04-11
The district court dismissed Sheriff Simpson because there was no evidence regarding any involvement on his part in the events leading to this lawsuit. We affirm the dismissal of Simpson on that ground.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement before that defendant can be held liable.
Nettles v. Griffith · filed 1995-04-13
Personal involvement of a defendant is a necessary prerequisite to liability under section 1983.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation.
Hoover v. Watson · filed 1995-04-24
To the extent that Hoover attempts to raise a claim of retaliation, he alleges no facts that would demonstrate personal involvement on the part of any defendants in this case.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for damages liability.
Olson v. Finney · filed 1995-04-27
Moreover, plaintiff fails to identify the personal involvement of Officer Holmes, Duane Meyer, Ms. Winkelbauer, Governor Finney and David McKune in the alleged deprivation of plaintiffs constitutional rights. Personal involvement is an essential element in an action for damages under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the acts or omissions causing a constitutional deprivation to hold a defendant liable in an individual capacity.
Hale v. Tallapoosa County · filed 1995-05-02
Moreover, to prevail against Smith and Flurry in their individual capacities, Hale was required to show that they were personally involved in acts or omissions that resulted in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff challenging prison conditions to link each defendant to those conditions through direction, knowledge, or consent.
Riggins v. Andrew Walter, Russell Ticer, T. Thomas · filed 1995-05-05
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an action by a defendant to state a claim against that defendant.
McKinney v. Compton · filed 1995-05-11
The complaint alleges no actions whatsoever by Compton, or nurses Taylor or Donvan. When a plaintiff completely fails to allege any action by a defendant, it necessarily “appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief.”Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official for failing to provide a specialized diet when the official lacks authority to order it.
Dickinson v. Service America Corp., and Kennedy, Prison Chaplain, Adoc - Winslow · filed 1995-05-18
The district court properly granted summary judgment in favor of Kennedy because Kennedy submitted uncontroverted evidence that he lacks the authority to order ADOC - Winslow to provide inmates with particular specialized diets.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the conduct underlying the alleged constitutional violation.
Birrell v. State of Mich. · filed 1995-06-13
Liability on Birrell's Eighth Amendment claim against these defendants cannot be established absent a clear showing that the defendants were personally involved in the activity forming the basis of the alleged unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the events underlying the claimed violation.
Hameed v. Mann · filed 1995-06-15
We also conclude that the district court properly dismissed the complaint against Coughlin because he was not shown to have any personal involvement in the events at issue here.Read the full opinion on CourtListener →
Section 1983 requires the defendant’s own acts to cause the alleged injury; a plaintiff cannot maintain a claim against an official who was absent when the alleged violations occurred.
Young v. Corbin · filed 1995-06-23
It follows then, that if defendant Corbin was not in the facility on the date which Plaintiff alleges Corbin committed these constitutional violations, then plaintiff cannot maintain this action as alleged and summary judgment is proper.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a defendant participated in the alleged constitutional deprivation.
Carl v. Maass · filed 1995-06-30
Accordingly, because Dumler failed to show that Maass participated in the alleged constitutional deprivation, see Ybarra v. Reno Thunderbird Mobile Home Village, 723 F.2d 675, 680 (9th Cir. 1984), the district court did not err by granting summary judgment, see id.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant state official to the alleged wrong before maintaining a claim against that official.
State Office of Protection & Advocacy v. Miller · filed 1995-07-25
Before OPA could maintain an action against those state officials, it had to connect them to the claimed wrong.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by the defendant in the alleged rights deprivation; a prison superintendent’s direct or indirect involvement is assessed for the period at issue.
Cody v. Jones · filed 1995-07-28
Insofar as defendant Jones’ personal involvement with plaintiff Cody is concerned, the record evidence clearly demonstrates that he had no involvement — either direct or indirect — from February 12, 1987, through March 17,1987.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; an official who did not conduct a disciplinary hearing, or whose only role was to reverse its result on appeal, is not liable for that hearing.
Valentine v. Honsinger · filed 1995-07-28
... it would afford no basis for a claim against Connolly, who had nothing to do with that hearing, or Selsky, whose sole involvement with it was to reverse it on plaintiffs administrative appeal.Read the full opinion on CourtListener →
Section 1983 liability is personal, so defendants who had no involvement in the complained-of events cannot be held liable on a derivative basis.
Graham v. Bayh · filed 1995-08-02
Most of the defendants (who include the Governor of Indiana) have nothing to do with the events of which Graham complains, and the district court properly dismissed them because liability under Sec. 1983 is personal rather than derivative.Read the full opinion on CourtListener →
A § 1983 claim against an officer cannot survive summary judgment without evidence that the officer was involved in the alleged violations.
Tomczak v. Town of Barnstable · filed 1995-08-04
At the hearing on the motion for summary judgment, Tomczak conceded that he has no evidence to show that Sgt. Murphy was involved in any of the alleged violations. As such, ... summaty judgment in Sgt. Murphy's favor will be granted.Read the full opinion on CourtListener →
Section 1983 defendants must assert a lack of personal involvement with sufficient specificity to obtain judgment as a matter of law on that ground.
Werme v. Merrill · filed 1995-08-07
The defendants, however, have not asserted a lack of personal involvement with sufficient specificity to be entitled to judgment as a matter of law on that issue.Read the full opinion on CourtListener →
Section 1983 does not provide a claim against a warden for failing to promptly change a prisoner’s custody status if the warden was not timely informed that the disciplinary convictions were overturned.
Johnson v. Garcia · filed 1995-08-22
To the extent that Johnson suggests that Warden Garcia was not timely informed that Johnson's disciplinary convictions had been overturned, his claim is not actionable under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires each defendant to have acted, participated in another’s act, or failed to act in a way that caused the deprivation of federally protected rights.
Temple v. Dahm · filed 1995-09-14
Before liability may be imposed under section 1983, plaintiff must show each defendant either did some affirmative act, participated in the affirmative act of another, or failed to perform an act which resulted in the deprivation of plaintiffs federally protected rights.Read the full opinion on CourtListener →
Section 1983 requires a damages defendant to be personally responsible for the deprivation of a constitutional right.
Gentry v. Jack R. Duckworth, Superintendent, Indiana State Reformatory · filed 1995-09-20
To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 liability requires a clear showing that the defendant was personally involved in the conduct underlying the alleged constitutional violation.
Mullins v. Patricia Hainesworth Jim Smith, Food Service Manager · filed 1995-09-20
In addition, Mullins did not specify the number of times he was allegedly denied an evening snack nor was there any indication that the defendants were personally involved in the alleged denial of Mullins's evening snack. Liability cannot be established absent a clear showing that the defendants were personally involved in the activity forming the basis of the alleged unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking money damages to allege each defendant’s personal involvement in the constitutional deprivation.
Tarafa v. C.O. Manigo · filed 1995-09-25
To succeed on a claim under section 1983, a plaintiff must allege personal involvement by each defendant in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; an inmate’s appeal of a hearing officer’s decision to the Commissioner alone does not establish that involvement.
Lee v. Coughlin · filed 1995-09-28
Plaintiff, however, has not alleged sufficient facts regarding defendant Coughlin to hold him liable in this action. That plaintiff appealed the hearing officer’s decision to the Commissioner does not establish Coughlin’s personal involvement.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged constitutional deprivation.
Howard v. Schoberle · filed 1995-10-05
Thus, 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 requires specific allegations about a defendant’s conduct to state a claim against that defendant.
St. Cin v. Purkett · filed 1995-10-16
Because St. Cin made no specific allegations about the remaining defendants' conduct, however, St. Cin failed to state a claim against them and they were properly dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued in an individual capacity to have personally participated in the alleged constitutional deprivation.
Ramachandran v. Nottolini · filed 1995-10-17
To be liable under Section 1983, an individual must personally participate in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link or causal connection between an official and the alleged misconduct for individual liability.
Priest v. Gudmanson · filed 1995-10-18
Individual liability under § 1983 is predicated upon an “affirmative link” or a “causal connection” between the alleged misconduct and the official sued.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the alleged deprivation to be liable.
Foote v. Spiegel · filed 1995-10-23
“In order to be liable pursuant to § 1983, a defendant must have personally participated in the alleged deprivation.”Read the full opinion on CourtListener →
Section 1983 liability requires evidence connecting a named defendant to the alleged incident through personal or supervisory participation.
Jones v. Kelly · filed 1995-10-26
In addition, there is no evidence in the record to suggest that any of the named defendants participated in this incident in a personal or supervisory capacity.Read the full opinion on CourtListener →
Section 1983 does not make jail officials liable for overcrowding-related conditions they lack the ability to control or remedy.
Landfair v. Sheahan · filed 1995-10-27
However, Sheahan and the other defendants did not design the jail, they do not have the abilify to build a larger facility, and they cannot control the number of people assigned to their custody. Thus, because the defendants cannot do anything about the overcrowding that caused the alleged inadequacy of supplies or the sleeping arrangements at the CCJ, Plaintiff cannot maintain a § 1983 claim against them.Read the full opinion on CourtListener →
Individual liability under § 1983 requires an affirmative link or causal connection between the defendant and the alleged misconduct.
Del Marcelle v. Wisconsin · filed 1995-10-27
Individual liability under § 1983 is predicated upon an “affirmative link” or a “causal connection” between the alleged misconduct and the official sued.Read the full opinion on CourtListener →
Section 1983 requires a personal-capacity claim against an official to allege the official’s direct, personal involvement in the alleged constitutional deprivation.
Campbell v. Sheahan · filed 1995-11-02
Thus, plaintiff's pleadings, even liberally construed under Haines v. Kerner, 404 U.S. 519, 520 (1972), fail to state a personal-capacity claim under Sec. 1983 since they do not allege any direct, personal involvement on behalf of Sheahan, in the alleged deprivation of his medical care.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation; an officer’s failure to file a required report satisfies that requirement when it triggers the alleged deprivation.
Schmelzer v. Norfleet · filed 1995-11-13
It is trae that to succeed on a claim under section 1983, a plaintiff must allege personal involvement by each defendant in the alleged constitutional deprivation. ... Thus, defendant was personally involved in the alleged deprivation of Schmelzer’s due process rights, as his failure to file the report triggered the alleged due process violations.Read the full opinion on CourtListener →
A § 1983 plaintiff seeking injunctive relief for discrimination must allege personal involvement by the named defendants.
Steele v. Keel · filed 1995-12-14
We also conclude that Steele failed to state a claim for injunctive relief on her discrimination and equal protection ... claims related to her handicap, as she failed to allege any intentionally discriminatory acts or personal involvement by the named defendants.Read the full opinion on CourtListener →
Section 1983 permits recovery against a defendant only if the defendant was personally involved in the deprivation of the plaintiff’s constitutional rights.
Pride v. Howard Peters, III · filed 1995-12-15
A plaintiff may recover under Sec. 1983 only if the defendant was personally involved in the deprivation his constitutional rights.Read the full opinion on CourtListener →
A § 1983 claim against state education defendants requires factual allegations connecting their action or practice to the asserted deprivation; conclusory allegations of violated rights are insufficient.
Yamen v. BD. OF EDUC. OF ARLINGTON SCHOOL DIST. · filed 1996-01-03
The Yamens have merely alleged in conclusory and general fashion that the State defendants have violated their constitutional and statutory rights. The complaint contains no allegation of any action or practice on the part of the State defendants, other than the State policy to refuse reimbursement to districts for nonapproved school tuition discussed above, that may have led to the alleged procedural deficiencies at the district level, the impartial hearing or before the State Review Officer. The complaint simply contains no adequate allegations as to how the State defendants have violated the Yamens' constitutional or statutory rights.Read the full opinion on CourtListener →
A § 1983 claim against a deputy sheriff is arguable when the complaint implicates him personally in the alleged constitutional deprivation, making Eleventh Amendment immunity inapplicable.
Rust v. Ferro · filed 1996-01-03
To recover on his § 1983 claim against Ferro, Rust must show that Ferro acted under state law and deprived him of a right secured by the United States Constitution. ... Likewise, contrary to Ferro’s argument on appeal, it is not inarguable, in view of the language quoted above, that Rust’s complaint implicates Ferro personally, thus rendering Eleventh Amendment immunity inapplicable.Read the full opinion on CourtListener →
Section 1983 claims against state education officials require factual allegations connecting their conduct to the alleged violation; conclusory allegations that the officials violated constitutional or statutory rights are insufficient.
Yamen ex rel. Yamen v. Board of Education of the Arlington Central School District · filed 1996-01-03
The Fourteenth cause of action merely alleges that “defendants have violated and continue to violate Michael’s Constitutional and federal statutory rights, all actionable under 42 U.S.C. § 1983.” ... The Yamens have merely alleged in eonclu-sory and general fashion that the State defendants have violated their constitutional and statutory rights. The complaint contains no allegation of any action or practice on the part of the State defendants, other than the State policy to refuse reimbursement to districts for nonapproved school tuition discussed above, that may have led to the alleged procedural deficiencies at the district level, the impartial hearing or before the State Review Officer. The complaint simply contains no adequate allegations as to how the State defendants have violated the Ya-mens’ constitutional or statutory rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link the alleged misconduct to a defendant named in the suit.
Teshome Abate v. Lewis · filed 1996-01-08
Second, Abate's claim that prison guards permitted other inmates to harass him fails to allege a claim against any named defendant in this lawsuit.Read the full opinion on CourtListener →
Section 1983 requires proof that the defendant was responsible for the alleged violation; a clearly established right alone does not establish her liability.
Treff v. Kerry Galetka, Individually and as the Mailroom Supervisor at the Utah State Prison · filed 1996-01-10
Although this right was clearly established, Mr. Treff has failed to demonstrate that Ms. Galetka was responsible for the violation of such right. ... Therefore, we affirm the district court’s finding that Ms. Galetka is entitled to the defense of qualified immunity on this issue.Read the full opinion on CourtListener →
Section 1983 permits individual liability for a supervisor alleged to have directly participated in discriminatory actions that caused an employee’s discharge.
Houck v. City of Prairie Village, Kan. · filed 1996-01-16
Since defendant Grover is alleged to have direct involvement in discriminatory actions which ultimately caused plaintiffs discharge, there is a sufficient basis alleged for his liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between an official’s personal involvement and the alleged injury for individual liability.
Williams v. Lee County, Alabama · filed 1996-02-01
Thus, no facts were tendered to impose liability on Chapman for his personal involvement in Williams' death.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongful conduct for liability.
Johnson v. Miller · filed 1996-02-07
Judge Welsh finds, and I agree, that the absence of evidence of her personal involvement precludes her being found liable under section 1983, so that summary judgment must be entered in her favor.Read the full opinion on CourtListener →
Section 1983 requires each officer’s liability to rest on his own conduct; membership in a team alone is insufficient.
Chuman v. Wright · filed 1996-02-08
In essence, the “team effort” standard allows the jury to lump all the defendants together, rather than require it to base each individual’s liability on his own conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be directly involved in the alleged violation or to know of and acquiesce in it.
Hill v. Blum · filed 1996-02-22
Moreover, a defendant cannot be liable under § 1983 unless there is some showing that he was “either directly involved in, or had knowledge of and acquiesced in,” the alleged violation.Read the full opinion on CourtListener →
Section 1983 requires direct personal involvement to hold an official personally liable for a failure to act.
Dalton v. County Board of Commissioners, Aurelia Pucinski, and Bergundy Compton-Day · filed 1996-03-04
Because he did not allege that Clerk of the Circuit Court Aurelia Pucinski was directly involved in failing to provide him with a copy of his criminal record, she cannot be held personally liable.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally responsible for the alleged constitutional deprivation; officers who lack responsibility for a prolonged detention cannot be liable for it.
Arvester Fleming, Jr. v. Eric Rhymer, Colonel Rzeszewski, and John Doe, I · filed 1996-03-12
As with other constitutional violations alleged in § 1983 suits, the plaintiff must show that the defendants were personally responsible for the deprivation of a Gerstein hearing. ... Since neither Rhymer nor Rzeszewski were responsible for his allegedly prolonged detention, they cannot be held liable under § 1983 for any violation of Fleming's rights under Gerstein.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.
Davidson v. Coughlin · filed 1996-03-19
“Personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under 1983.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege the named defendants’ personal involvement in the claimed deprivation.
Rios v. Hickey · filed 1996-03-26
Moreover, he failed to allege any personal involvement by the presently named defendants.Read the full opinion on CourtListener →
Section 1983’s personal-involvement requirement for damages does not bar declaratory or injunctive relief.
Ramirez v. Coughlin · filed 1996-03-28
However, the doctrine of personal involvement, like the doctrine of qualified immunity, does not bar either declaratory or injunctive relief, which constitute u e primary relief sought by plaintiff.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant to have been personally involved in the alleged violation.
Wills v. Dean Hardy, an Individual, and John Moran, Individual · filed 1996-03-29
The district court properly granted summary judgment in favor of defendant Moran because the undisputed evidence indicates that Moran was not personally involved in executing the state court judgment.Read the full opinion on CourtListener →
Section 1983 permits money damages against a defendant only if that defendant was personally involved in the deprivation of the plaintiff’s constitutional rights.
Lacy v. Berge · filed 1996-03-30
A Plaintiff can recover money damages under section 1983 only if the Defendant was personally involved in the deprivation of his constitutional rights.Read the full opinion on CourtListener →
A § 1983 complaint sufficiently alleges a supervisory official’s personal involvement when it alleges that the official had actual or constructive notice of a constitutional violation and failed to remedy it.
Roucchio v. Coughlin · filed 1996-04-15
A review of the plaintiffs complaint reveals it sufficiently to allege the personal involvement of defendant Coughlin through the second method described above, on the ground that this defendant is a supervisory official, who, upon being provided with a copy of the plaintiffs Article 78 petition, had actual or constructive notice of the alleged constitutional violation and failed to remedy the wrong.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.
Johnson v. Strife · filed 1996-04-19
Finally, Johnson contends that he was mistreated by corrections officers while in confinement. It is well-settled that "personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983." Moffitt v. Town of Brookfield, 950 F.2d 880, 886 (2d Cir.1991) (quotation omitted). However, Johnson did not allege that any of the named defendants had any personal involvement in his alleged mistreatment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged constitutional violation.
Selvey v. Tripp · filed 1996-04-24
Finally, we agree that Carr did not demonstrate how any of the defendants were personally involved in violating his constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires a showing that a defendant was personally involved in violating the plaintiff’s constitutional rights.
Selvey v. City of St. Louis · filed 1996-04-24
Finally, we agree that Carr did not demonstrate how any of the defendants were personally involved in violating his constitutional rights.Read the full opinion on CourtListener →
Section 1983 permits liability for officers who directly participate in an unconstitutional detention as integral participants.
Sherman v. Byrd · filed 1996-04-24
This evidence would have allowed a jury to find that Bailey, Varga, and Benoit were aware of the manner in which Sherman was dressed because they had direct contact with Sherman during her detention, and therefore were liable under § 1983 as "integral participants" in an unreasonably degrading detention.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Payne v. Anthony Harvey, Eugene Masching, James Blackard, and Benny Dallas · filed 1996-04-30
A requirement for both a § 1983 action and an Eighth Amendment claim, however, is personal involvement by the defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the events giving rise to the civil rights claim.
Lacey v. Michigan Department of Corrections Kenneth L. McGinnis Denise Cole Sherri Andrews · filed 1996-05-01
Lacey did not establish that either of the defendants was personally involved in the events giving rise to his claims.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by an individual defendant; mere presence at the scene of an alleged violation is insufficient.
Trout v. Frega · filed 1996-05-02
Presence is not enough. The mere presence of the three officers, without more, does not constitute their requisite § 1983 personal involvement in any constitutional violation which may have occurred.Read the full opinion on CourtListener →
A claim for damages under § 1983 requires a showing that the defendants were personally involved in the alleged wrongdoing.
Crossman v. Crosson · filed 1996-05-15
A viable claim for damages under § 1983 requires a showing of personal involvement on the part of the defendants.Read the full opinion on CourtListener →
A § 1983 claim against state officials requires their personal involvement in the allegedly unlawful conduct.
Donald H. Brown, John Markowicz, Paul Pushlar v. Francis Costello, Town of Fenner, Michael Larkin, Lynn Keator, and Davi · filed 1996-05-23
Plaintiffs' fourth claim fails because they do not show--as they must to state a § 1983 claim--that defendant state officials were personally involved in the allegedly unlawful conduct.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an individual defendant to the challenged policy to hold that defendant liable.
Moorish Science v. Benson · filed 1996-05-29
Summary judgment was proper as to defendant Hokonson, however, as the Moors have offered no evidence connecting him to the name-change policy.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an individual defendant to the challenged policy to hold that defendant liable.
Moorish Science Temple of America, Inc. Frank Applewhite Curtis Owen v. Dennis Benson, Warden Steve Hokonson, Chaplain · filed 1996-05-29
Summary judgment was proper as to defendant Hokonson, however, as the Moors have offered no evidence connecting him to the name-change policy.Read the full opinion on CourtListener →
Section 1983 damages claims against a prison superintendent in his individual capacity require an allegation of personal involvement.
Koehl v. Stephen Dalsheim, Superintendent Kenley Meritt, Corrections Officer Frank Averill, Corrections Officer · filed 1996-05-31
To the extent that he was sued in his individual capacity, the claim fails for lack of an allegation of personal involvement.Read the full opinion on CourtListener →
Section 1983 liability requires personal responsibility for a constitutional deprivation.
Schatz v. McCaughtry · filed 1996-06-11
Personal responsibility for a constitutional deprivation is a prerequisite for § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between the alleged misconduct and a government official before the official may be held individually liable.
Reinhart v. City of Maryland Heights · filed 1996-06-14
Individual liability of government officials under § 1983 must be predicated on "a causal connection between the misconduct complained of and the official sued." Harris v. Pirch, 677 F.2d 681, 685 (8th Cir.1982), quoted with approval in Wilson v. City of North Little Rock, 801 F.2d 316, 322 (8th Cir.1986). Because no such causal connection to plaintiff's removal is alleged with respect to defendant O'Brien, no claim is stated against him in his individual capacity.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege specific facts showing that the named defendants caused the alleged deprivation.
Maisano v. Angelo Daniels, Warden Chris Allen, Cso J. Lang, Sgt. Sgt. Newbrough · filed 1996-06-19
Maisano of course must allege specific facts which would show that the named Defendants caused his shaving waiver not to be renewed.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on a defendant who caused or participated in the alleged constitutional deprivation.
Starzenski v. City of Elkhart · filed 1996-06-25
"An individual cannot be held liable in a § 1983 action unless he caused or participated in [the] alleged constitutional deprivation."Read the full opinion on CourtListener →
A supervisor may be personally liable under § 1983 if he has actual knowledge of discriminatory conduct and acquiesces in it.
Coleman v. Kaye · filed 1996-06-26
Prosecutor Kaye can be held liable under § 1983 if he had actual knowledge of discriminatory conduct and acquiesced in it.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the alleged wrong or to have knowingly acquiesced in it.
Cyprus v. Diskin · filed 1996-06-27
In order to maintain a section 1983 claim against Walp, Cyprus must- establish that Walp was personally involved in the wrongs that were allegedly done to him or knowingly acquiesced in those wrongs.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the alleged constitutional violation.
Bunche v. Robert G. Borg D Kimbrell, Asst Lt B.A. Textor Robert O'brian, Correctional Officers Edward Grover Jim · filed 1996-06-28
Insofar as Bunche appeals his claim that defendants retaliated against him for filing this lawsuit, we conclude he did not establish that any of the defendants in this action participated in alleged acts of retaliation. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (stating that section 1983 action requires showing of personal participation in alleged constitutional violation).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Moates v. Walker · filed 1996-07-02
It is well-settled that "personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983." Moffitt v. Town of Brookfield, 950 F.2d 880, 886 (2d Cir.1991) (quotation omitted).Read the full opinion on CourtListener →
A § 1983 claim against a warden may be dismissed without prejudice when the complaint lacks facts supporting the warden’s personal involvement.
Woods v. Young · filed 1996-07-09
The court's dismissal, without prejudice, of Woods' claims against Young afforded Woods the opportunity to file an amended complaint ... alleging facts in support of Young's personal involvement.Read the full opinion on CourtListener →
A § 1983 claim against a prison commissioner requires evidence of his personal involvement in the alleged constitutional violation; knowledge of prisoners’ prolonged detention alone does not establish it.
Lyle v. Lucas · filed 1996-07-17
The plaintiffs have not connected defendant Lucas to any alleged constitutional violation resulting from their incarceration at CMCF. They merely argue that Lucas knew that prisoners were being detained at CMCF for long periods pending transfer to other MDOC institutions. Thus, the plaintiffs have identified no clear error in the district court’s finding that there was no evidence of Lucas’s personal involvement in any alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from an individual to allege that the defendant was personally involved in the deprivation of a constitutional right.
Blanton v. State of Indiana · filed 1996-07-18
In order to recover damages against an individual under § 1983, a plaintiff must allege personal involvement in the claimed deprivation of a constitutional right.Read the full opinion on CourtListener →
A § 1983 claim against prison officials for unlawful administrative segregation fails when no defendant is alleged to have been personally involved in or actually known of the placement.
Calia v. Gammon · filed 1996-07-30
Moise did not allege that any defendant was personally involved in or actually knew of the unlawful placement.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between an official and the alleged discriminatory acts to impose individual liability.
Wright v. Butts · filed 1996-07-31
Because there is no causal connection between Governor Fob James and the alleged discriminatory acts, the court finds that, under § 1983, he is entitled to qualified immunity in his individual capacity.Read the full opinion on CourtListener →
Section 1983 does not make city officials liable for procedural due process failures attributable to a separate state board.
Aubuchon v. MASS. BUILD. CODE APPELS BD. · filed 1996-08-09
In short, any failure by the State Board to provide the plaintiff with constitutionally sufficient notice and hearing cannot be the basis for a due process claim under § 1983 against the City and its officials.Read the full opinion on CourtListener →
Section 1983 does not impose liability on city officials for a separate state board’s failure to provide constitutionally sufficient notice and a hearing.
Aubuchon v. Massachusetts ex rel. State Building Code Appeals Board · filed 1996-08-09
In short, any failure by the State Board to provide the plaintiff with constitutionally sufficient notice and hearing cannot be the basis for a due process claim ...under § 1983 against the City and its officials.Read the full opinion on CourtListener →
Section 1983 personal-capacity liability requires personal involvement in the deprivation of a constitutional right or a causal connection to the alleged violation.
Hamad v. Gary DeShazo & Assoc · filed 1996-08-15
An individual sued in his personal capacity cannot be held liable under §1983 unless he was either personally involved in t he acts causing deprivation of a constitutional right, or a causal connection exits between the act and the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires evidence that a public official personally caused the alleged deprivation to hold the official liable in an individual capacity.
Harrell v. Sheahan · filed 1996-08-20
In order to hold a public official liable in his individual capacity, “there must be a showing that the official knowingly, willfully, or at least recklessly caused the alleged deprivation by his action or failure to act.” ... Accordingly, as no evidence of Sheahan’s personal involvement has been proffered, summary judgment for the defendant is proper with regard to any individual capacity claims raised by Harrell.Read the full opinion on CourtListener →
A Section 1983 complaint must identify specific defendants responsible for or involved in the alleged deprivation of rights.
Harris v. Schriro · filed 1996-08-22
Neither the initial nor the amended complaint names specific defendants who were responsible for any deprivations of Eighth Amendment rights or were involved with Hutchins's due process claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights for damages liability.
Brawer v. Carter · filed 1996-08-29
Personal involvement on the part of a defendant is a prerequisite to a suit for damages under section 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged constitutional deprivation.
Robert H. Campbell and Frances C. Campbell v. Lisa Chappelow, Scott Stockton, Trooper, Indiana State Police, and David M · filed 1996-09-09
We hold that the district court properly entered summary judgment because the Campbells cannot demonstrate Stockton’s or Strittmatter’s personal involvement in the sale without notice.Read the full opinion on CourtListener →
Section 1983 permits a jury to decide an officer’s personal liability for excessive force when testimony and reasonable inferences could establish that the officer participated in a beating.
Campbell v. Hugh Morrison, Lawrence Wideman, Patrick Stano, Jan Gelsleichter, Michael Scarborough, Robert Dwyer · filed 1996-09-09
The District Court did not allow the jury to decide whether these four Defendants had actually participated in the beating as alleged by Plaintiff because it found that there was no evidence that any officers, other than Morrison and Dwyer, participated in the use of force. This ruling was error and amounted to a directed verdict for Defendants Gelsleichter, Scarborough, Stano and Wideman. If the matter had not been taken from the jury and if the jury had believed the testimony of the Plaintiff and his witnesses, that testimony and the reasonable inferences drawn therefrom might have led the jury to find that one or more of the next four officers to arrive on the scene, that is Defendants Stano, Gelsleichter, Scarborough and Wideman, could have used excessive force under the circumstances.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting named defendants to a nondefendant’s allegedly stigmatizing statements before those defendants can be held accountable for the statements.
Coggins v. Flowers · filed 1996-09-11
Coggins's evidence showed, at most, that a Sheriff Hutton, who is not a defendant, repeated to others that Coggins had been accused of sexual harassment. Coggins offered no evidence to suggest that any of the named defendants could be held accountable for Hutton's remarks.Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant requires a factual basis for inferring that defendant’s personal involvement in the alleged violation.
Williams v. Keane · filed 1996-09-13
The claims against defendant Dr. S. Kapoor, Sing Sing Medical Director, must also be rejected on the ground that plaintiff has alleged no factual basis affording a rational inference that Dr. Kapoor had any personal involvement in the violation.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant personally participated in the constitutional violation or that a failure to train caused the deprivation.
Miniken v. Tana Wood, Fred Warneka · filed 1996-09-26
Moreover, the district court properly granted summary judgment because Miniken failed to establish that defendants personally participated in the alleged constitutional violation, see Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989), or that defendants' failure to train mailroom staff led to the alleged deprivation of his constitutional rights, see Ybarra v. Reno Thunderbird Mobile Home Village, 723 F.2d 675, 680 (9th Cir.1983).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of constitutional rights.
Simmons v. Abruzzo · filed 1996-09-26
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the personal involvement of defendants in depriving him of constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege personal involvement by each named defendant.
Lovanyak v. Cogdell · filed 1996-09-30
In order to meet minimum pleading standards and state a claim under § 1983, the complaint must allege personal involvement by the named defendants.Read the full opinion on CourtListener →
Section 1983 requires a complaint to identify specific conduct by the defendants that proximately caused the claimed deprivation of constitutional rights.
Cashaw v. William L. Callahan, Superintendent, Micc Rosemary Rouston, Records Supervisor, Micc, and Indetermi · filed 1996-10-09
The complaint must allege that specific conduct by the defendants was the proximate cause of the section 1983 injury.Read the full opinion on CourtListener →
Notes 72151–72300 of 89,157, oldest cases first.
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