42 U.S.C. § 1983

Section 1983 requires a prison warden to have personally participated in alleged rights violations to be liable for them.

Almeida v. Prunty · filed 1996-10-10

Because Almeida did not show that Warden Prunty personally participated in any of the alleged violations, summary judgment in favor of Prunty was appropriate.

Section 1983 claims against an individual cannot survive summary judgment without evidence that the individual committed or directed the challenged conduct.

Joseph G. Vecchio, Jr. v. Angelo Lamonica, Individually and as Chief of Police of the Winthrop Police Department · filed 1996-10-17

But there was no evidence before the district court to show that this letter was created by, or at the direction of, LaMonica. Thus, summary judgment was properly granted even assuming (dubitante ) that any constitutional claim might otherwise be stated.

Section 1983 requires a prison official to be directly responsible for the alleged deprivation to be personally liable.

Hannah v. Gilmore · filed 1996-10-31

The deliberate indifference test also requires that in order for a prison official to be liable for a § 1983 violation the official must have been directly responsible for the occurrence of the alleged deprivation.

Section 1983 requires a defendant’s personal involvement in the conduct for which relief is sought.

Beasley v. Johnson · filed 1996-11-06

Beasley has failed to allege personal conduct by Collins that would warrant relief under § 1983.

Section 1983 requires a plaintiff to establish the defendant’s personal involvement in the allegedly unlawful conduct.

Turner v. Silver · filed 1996-11-12

Turning finally to the plaintiff's claim against Supervisor Barley, § 1983 requires a plaintiff to establish that a defendant had some personal involvement in the allegedly unlawful conduct. See Al-Jundi v. Estate of Rockefeller, 885 F.2d 1060, 1065-66 (2d Cir.1989). Since Turner has not made any specific allegations about Barkley's involvement, we affirm the district court's grant of summary judgment as to the claim against Barkley.

Section 1983 liability for a retaliatory prison transfer requires evidence that the defendant was involved in the transfer.

Howard v. John Doe Alexander Janet Price D. Trudell · filed 1996-11-14

Howard has failed to produce substantial evidence that the defendants were involved in his transfer in any way, much less that they transferred him in retaliation for exercising protected rights.

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

Morissette v. Salvador A. Godinez and James Schomig · filed 1996-11-19

Morissette's medical treatment claim is frivolous, and thus was properly dismissed pursuant to § 1915, because he fails to show how these particular defendants were involved in the denial of medical treatment about which he complains.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; defendants with no alleged involvement in the incidents cannot be liable.

Rahman v. Phillip · filed 1996-12-19

As for defendant Alika, Rahman did not allege any unconstitutional conduct on Alika's part. The same is true with respect to the other defendants against whom Rahman made no allegations whatsoever concerning their involvement in the incidents alleged in the complaint.

Section 1983 requires a showing that a defendant personally participated in the alleged violation.

Durston v. Braun · filed 1996-12-19

Moreover, Durston failed to show that any of the defendants in the instant action personally participated in the alleged forgery.

Section 1983 personal involvement may be pleaded against prison supervisors when allegations of notice and their supervisory roles support a reasonable inference that they acquiesced in the challenged conduct.

Saunders v. Horn · filed 1996-12-23

The plaintiff has alleged that he informed defendants Horn and Vaughn of the conditions he has faced. This allegation must be assumed to be true at the motion to dismiss stage. Based on this allegation and on the fact that defendants Horn and Vaughn are the superiors of the other named defendants, one could reasonably infer that defendants Horn and Vaughn acquiesced in the acts which caused the conditions the plaintiff complains of. This is sufficient to plead personal involvement and the defendants’ motion to dismiss cannot be granted based on their first argument.

Section 1983 requires a defendant to have been personally involved in the alleged constitutional violation.

Show v. Patterson · filed 1997-01-07

However, a defendant may be liable under Section 1983 only if he was personally involved in the alleged constitutional violation.

Section 1983 requires a complaint against individual defendants to allege their personal participation in the claimed constitutional deprivation.

Beville v. Marvin Clark, Deputy, Yavapai County Gregory Schmid, Deputy · filed 1997-01-23

Beville contends that the district court erred by dismissing three defendants who were named in his complaint, Young, Carson, and Buchanan, before service of process. This contention lacks merit because Beville's complaint failed to allege any personal participation by these defendants sufficient to state a claim of a constitutional deprivation.

Section 1983 requires a plaintiff to allege facts showing that each defendant personally participated in the deprivation of rights.

Angelone v. Attorney General of The State of Wash. · filed 1997-01-24

Angelone's claims against defendants Gregoire and Riveland also must fail because Angelone failed to allege facts in his amended complaint showing that these defendants personally participated in the alleged deprivation.

Section 1983 requires a genuine factual issue about a defendant’s personal participation in the alleged constitutional violation to sustain a claim against that defendant.

Demerson v. Block · filed 1997-01-24

Upon our review of the record, we conclude that Demerson failed to establish a genuine issue as to defendant Block's personal participation in the alleged Eighth Amendment violations. Accordingly, the district court properly granted summary judgment in favor of Block.

Section 1983 requires a plaintiff to plead and prove that each defendant was personally responsible for the unconstitutional conduct that injured the plaintiff.

Tucker v. Rose · filed 1997-01-27

To establish liability under 42 U.S.C. § 1983, a plaintiff must plead and prove that a defendant is personally responsible for the unconstitutional actions that injured him.

A § 1983 claim against an official must be dismissed when the official’s involvement in the challenged conduct is not shown.

Jewish Home & Hospital for Aged v. Wing · filed 1997-02-11

Nor does Jewish Home discuss how defendant Woodworth was involved in the DSS’ March 6, 1995 Decision. Indeed, Jewish Home did not' respond to defendants’ argument addressed to this issue in its Memorandum of Law in Opposition to Defendants’ Cross-Motion for Summary Judgment or at Oral Argument. Therefore, the action must be dismissed as against defendant Woodworth.

Section 1983 requires personal involvement in the deprivation of constitutional rights for an individual to be liable for damages.

Smith v. Milwaukee County · filed 1997-02-14

An individual must have been personally involved in the deprivation of a plaintiffs constitutional rights in order to be held liable for damages under 42 U.S.C. § 1983.

Section 1983 does not impose liability on city officials for a private person’s recording of conversations when the person was neither employed by the city nor acting at anyone’s direction.

Singleton v. Cecil · filed 1997-02-20

Last, to the extent that plaintiff is alleging that his right to privacy or association was violated because the conversations of plaintiff's wife and daughter were recorded, the uncontroverted evidence establishes that the conversations were taped by George, who was not employed by the city and was not acting at the direction of anyone. Therefore, plaintiff's claim must fail.

Section 1983 requires a plaintiff to show that a named defendant personally participated in or directed the alleged violation.

Guerra v. Snider · filed 1997-03-14

The district court granted summary judgment to the defendants on the mail interference claim on the ground that Guerra had failed to make any connection between the alleged mail interference and any of the named defendants. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (stating that to establish liability under 42 U.S.C. § 1983, a plaintiff must show personal participation by the defendant). While Guerra argues that his sister's declaration would have established that a correctional officer (not named as a defendant) informed his sister that Guerra's mail had been stopped because of Guerra's involvement in a prison blackmarketing ring, Guerra does not argue that it would have helped him establish that the named defendants participated in, or directed the interference with, his mail. See id. Therefore, the district court properly concluded that a continuance was unnecessary.

A § 1983 claim must allege the acts each named defendant took; a vague assertion that a defendant blocked a grievance does not state a claim.

Jafari v. Wiggins · filed 1997-03-20

If plaintiff’s claim here can be seen as a 42 U.S.C. § 1983 action, the allegations in support are too vague and indefinite to mount a cause of action on this, the third try. For example, plaintiff suggests that Wiggins prevented or precluded him from filing a grievance but does not state what actions Wiggins or anyone else he names took to accomplish this.

Section 1983 damages against an individual supervisor require personal involvement, and specific allegations of direct involvement in the challenged actions can defeat a motion to dismiss.

Hayes v. Sweeney · filed 1997-03-25

It is well-settled that defendant’s personal involvement in the alleged constitutional violations is a prerequisite to an award of monetary damages under § 1983. ... Accordingly, defendant Sweeney’s motion to dismiss the claim against him in his individual capacity on the ground that plaintiff failed to allege his personal involvement must be denied.

Section 1983 permits a claim against a supervisory official whose actual knowledge of and acquiescence in the alleged wrongdoing establish personal involvement.

Saunders v. Horn · filed 1997-03-27

Personal involvement may be established through allegations of actual knowledge and acquiescence.

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

De La Paz v. Peters · filed 1997-03-27

Personal involvement is required for § 1983 liability; the defendant must have “ordered, had knowledge of, or consented to,” some violation of the plaintiffs federal or constitutional rights.

Section 1983 liability requires the defendant to have participated in conduct relevant to the plaintiff’s claim.

Quintero v. Bedi · filed 1997-03-28

"Section 1983 imposes two essential requirements upon a claimant [like Quintero] ... (1) that a person acting under color of state law committed the conduct at issue, and (2) that the conduct deprived the claimant of some right ... protected by the constitution." Leer v. Murphy, 844 F.2d 628, 632-33 (9th Cir.1988). The parties do not dispute that Doctor Bedi acted under color of state law. The record is also clear that Dr. Villalobos did not participate in any act relevant to Quintero's claims.

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

O'NEAL v. County of Nassau · filed 1997-03-31

The plaintiff must allege the personal involvement of each defendant in the constitutional deprivations.

Section 1983 liability for a private towing company and its president requires evidence that they knew of or participated in the alleged unconstitutional ticketing and towing.

Johnson v. Goldsmith · filed 1997-04-07

Even if Johnson genuinely believed that Cole was without justification in ticketing his car and having it towed, Johnson has absolutely no evidence that Delaware & South or Rogers knew of or participated in the ticketing without probable cause, as would be necessary to hold them liable under § 1983.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.

Harris v. Keane · filed 1997-04-21

The personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.

A plaintiff seeking damages under § 1983 must have a theory connecting the individual defendants to the conduct that allegedly caused the injury.

Adler Ex Rel. Adler v. Duval County School Board · filed 1997-05-06

In order to prevail, the appellants must have some theory connecting the individual defendants to the prayer.

Section 1983 damages claims require a theory connecting an individual defendant to the alleged constitutional injury.

Adler v. Duval County School Board · filed 1997-05-06

In order to prevail, the appellants must have some theory connecting the individual defendants to the prayer.

Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded against that defendant.

Porter v. Coughlin · filed 1997-05-07

Personal involvement in an alleged constitutional deprivation is a well-settled prerequisite for an award of damages in a § 1983 action.

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

Winslow v. O'Reilly · filed 1997-05-23

Winslow’s claims against them fail because personal involvement is an essential element of a § 1983 claim.

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

Brown v. Coughlin · filed 1997-05-27

“Personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Plaintiff has not adduced any evidence showing that Coughlin was personally involved in the alleged violations of plaintiffs rights under any of these approaches.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; respondeat superior responsibility alone is insufficient.

Hendricks v. Thomas A. Coughlin, III Bert Ross David Post M. Parrott Dana Smith Gloria Conrad Stephen L. Norris · filed 1997-06-09

At least on the current record that would call for Hendricks to lose his claims against all three of those defendants, given Section 1983’s requirement of personal involvement in (rather than mere respondeat superior responsibility for) any alleged constitutional deprivation (Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994)).

Section 1983 permits individual liability for a defendant who personally participates in an alleged constitutional violation.

Dawson v. County of Westchester · filed 2004-12-29

Banks was at the center of the allegedly discriminatory and harassing actions that plaintiffs claim led to the hostile work environment; therefore, we find that he was personally involved in the alleged equal protection violations via direct participation.

Section 1983 requires a defendant’s participation in the alleged retaliation; naming officials who did not participate does not state a retaliation claim against them.

Hoskins, Robert v. Lenear, Connie · filed 2005-01-07

We note though, that Hoskins states a retaliation claim only as against these three defendants. Even though he also names the members of the adjustment committee and the warden as defendants, these additional defendants, by Hoskins’ account of events, did not participate in acts of retaliation. Thus, we can affirm the dismissal of Hoskins’ suit as to them.

Section 1983 requires a plaintiff to allege facts connecting a defendant’s actions to constitutional harm.

Davies v. Baldwin · filed 2005-01-12

The district court properly dismissed all causes of action against defendant Fry because Davies failed to allege facts demonstrating that Fry’s actions caused him any constitutional harm.

Section 1983 requires allegations that a defendant personally participated in or knew of the alleged constitutional deprivation.

Perry v. Kramer · filed 2005-01-13

Perry’s claims against Kramer and Prosper also fail because Perry did not allege that they either personally participated in or knew of the alleged constitutional deprivation.

Section 1983 requires allegations of a defendant’s personal involvement in a constitutional deprivation or a sufficient causal connection between the defendant’s conduct and the violation.

Vacca v. Farrington · filed 2005-01-19

Vacca’s claim against Sanders fails as he has not alleged that Sanders was personally involved in a constitutional deprivation. Nor has he alleged a sufficient causal connection between Sanders’s alleged wrongful conduct and any constitutional violation.

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

Hill v. Vannatta · filed 2005-02-03

As for the rest of the defendants, Hill’s rambling brief fails even to suggest any involvement in the denial of medical care.

Section 1983 liability for officers requires individual involvement and cannot rest on a group liability theory.

Blackmore v. City of Phoenix · filed 2005-02-03

Section 1983 liability for officers involved in questionable actions cannot be based on a group liability theory.

Section 1983 requires affirmative proof that an individual defendant personally participated in the deprivation of the plaintiff’s rights.

Wynn v. CORRECTIONAL OFFICER MUNDO · filed 2005-02-07

In order for an individual to be liable under § 1983, it must be affirmatively shown that the official charged acted personally in the deprivation of the plaintiffs rights.

Section 1983 requires each individual defendant to have been personally involved in the arrest to be liable for false arrest.

Travis v. Village of Dobbs Ferry · filed 2005-02-08

In addition, each individual sued needs to have had personal involvement in the arrest in order to be held liable under 42 U.S.C. § 1983.

Section 1983 requires personal involvement to support an individual damages judgment for a constitutional violation.

Mason v. Wolf · filed 2005-02-15

Here, there is no evidence of personal involvement by Defendant Wolf, much less a “conspiracy” involving him as plaintiffs’ counsel suggested. There is no indication that he was present on April 12, 2002, when plaintiffs were prevented from relocating to the flagpole area. Thus, the Court finds that there is no basis to support a judgment for damages under 42 U.S.C. § 1983 against Defendant Wolf based on violations of plaintiffs’ First Amendment rights.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the misconduct; a defendant with no alleged involvement must be dismissed.

Galimore v. Lane · filed 1986-05-27

Plaintiff has failed to allege any involvement by defendants Lane, Giesen, O’Sullivan or Sachs. Thus, even if his underlying claim had merit, these defendants would have to be dismissed from this suit.

Section 1983 requires evidence connecting an individual defendant to the alleged retaliation through personal involvement or awareness of the complaints.

Brown v. Kempker · filed 2005-03-04

Upon careful de novo review, see Kincaid v. City of Omaha, 378 F.3d 799, 803-04 (8th Cir.2004), we conclude the district court properly granted summary judgment because there was no evidence that defendant Gary Kempker was personally involved in the alleged retaliation or was made aware that Mr. Brown was raising complaints of retaliation by prison staff.

Section 1983 liability requires a defendant’s personal involvement in the deprivation of a federal right.

McLaurin v. New Rochelle Police Officers · filed 2005-03-09

Under § 1983 only a defendant who personally subjects, or causes to be subjected, any person to the deprivation of any federal right will be held liable.

Section 1983 requires a defendant’s personal involvement in the alleged discrimination; a job title and speculation that the defendant should have known of a policy are insufficient.

Allen v. Egan · filed 2005-03-14

Because no jury could reasonably infer from the facts alleged that defendant Mee-han was personally involved in any discriminatory policy, she must be dismissed from this ease.

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

Harper, George v. Albert, Lieutenant · filed 2005-03-17

On a number of occasions we have specifically held that in order for liability to attach under § 1983, “an individual must have personally caused or participated in the alleged constitu- tional deprivation.” See Palmer v. Marion Co., 327 F.3d 588, 594 (7th Cir. 2003), accord Zimmerman v. Tribble, 226 F.3d 568, 574 (7th Cir. 2000).

A § 1983 complaint must allege each defendant’s personal involvement in or direct responsibility for the injury.

Coffman v. Nixon · filed 2005-04-21

Among its infirmities, Coffman’s complaint did not specify which of the many named defendants was responsible for each of the alleged harms. See Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (to state § 1983 claim, plaintiff must allege defendant was personally involved in or had direct responsibility for incidents that resulted in injury).

Section 1983 requires facts connecting the defendants to the alleged wrongful arrest; an arrest by other officers alone is insufficient.

Leffler v. Mason County · filed 2005-05-03

The only possible new federal claim for unreasonable seizure was without merit because: (1) it was not supported by legal argument; and (2) the arrest in question was conducted by the Washington State Patrol, not the Mason County Defendants, and Leffler fails to allege facts sufficient to show that the Defendants wrongfully caused that arrest to occur.

Section 1983 requires sufficient evidence linking each defendant to the alleged constitutional violation.

Williams v. Prison Health Services · filed 2005-05-09

Having carefully reviewed the record, the parties’ briefs, and the applicable law, we conclude that the district court correctly determined: (1) that Williams has failed to advance sufficient evidence linking defendants Bruce, St. Peter, Cummings, and Prison Health Services to the alleged Eighth Amendment violations ; and (2) that Williams has failed to present sufficient evidence to establish the subjective component of the deliberate indifference standard with regard to his claims against the prison doctor, defendant Dr. Pham .

A § 1983 complaint can adequately allege personal involvement when, liberally construed, it alleges that the named defendants were responsible for the deprivation.

Headrick v. Morgan · filed 2005-05-13

Liberally construing Headrick’s pro se pleadings, ... his amended complaint adequately alleges that the named defendants were responsible for his deprivation of outdoor exercise.

Section 1983 does not impose liability on a prison superintendent solely because of his position; the complaint must allege his personal involvement in the rights deprivation.

Garcia v. Rico · filed 2005-05-23

However, upon review, we find no fault with Magistrate Judge Delgado-Colón’s assessment and thus APPROVE and ADOPT her Report and Recommendation as our own. ... Inasmuch as there is no respondeat superior liability under § 1983, the Complaint against him cannot lie.

Section 1983 permits a political discrimination claim against officials when the complaint alleges their discriminatory acts or a supervisor’s discriminatory policy carried out through appointees.

Medina Díaz v. González Rivera · filed 2005-05-25

The appearing Defendants argue that Plaintiff Blanca Medina has failed to allege any action or inaction by the appearing co-Defendants within the scope of their responsibility that would make them personally answerable in damages under § 1983. The Court disagrees with Defendants. ... It is further alleged that Zayas failed to perform her supervisory duty to prevent Plaintiffs demotion, which allegedly took place solely for political reasons, and that she appointed people in furtherance of her policy of discrimination. All of this plainly states a claim of discrimination based on political animus. ... Therefore, a § 1983 claim for which relief can be granted has been sufficiently pleaded by Plaintiff.

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

Scarver v. Litscher · filed 2005-05-27

It is well established that liability under § 1983 must be based on a defendant’s personal involvement in the constitutional violation.

Section 1983 requires personal involvement for an individual defendant to be liable.

Atkins v. County of Orange · filed 2005-06-03

However, absent personal involvement, an individual defendant cannot be liable under § 1983. ... Consequently, because Croci has dismissed his claim against officer Craven and has not provided any evidence of individual involvement on the part of Figueroa or Andricut, summary judgment is warranted with respect to Croci’s excessive force and failure to intervene claims.

Section 1983 requires facts connecting the named defendant to the alleged wrongdoing.

Curiale v. Walker · filed 2005-06-07

He alleges no facts that suggest a connection between Ms. Walker and his neighbors’ actions.

Section 1983 requires evidence that an official sued in an individual capacity participated in or acquiesced in the alleged constitutional violation.

Owens-El v. Pittsburgh · filed 2005-06-08

Finally, Owens-El failed to establish a genuine issue of material fact with respect to his claims against Murphy, Sirabella and Buford in their individual capacities because he did not demonstrate that they participated in or acquiesced in the alleged constitutional violations.

Section 1983 permits liability only for a defendant who personally causes a deprivation of federal rights.

McLaurin v. New Rochelle Police Officers · filed 2005-06-09

Under § 1983, only a defendant who personally subjects, or causes to be subjected, any person to the deprivation of any federal right will be held liable.

Section 1983 requires personal involvement in a constitutional violation; an officer who merely executes a warrant prepared by another officer and signed by a judge is not liable for defects in obtaining it.

Mitchell v. Obenski · filed 2005-06-14

Even if we assume, arguendo, that there were actionable defects in the manner in which Obenski obtained the warrant, Gale is not liable for executing a warrant prepared by another officer and signed by a judge.

Section 1983 requires a state official to participate in the alleged deprivation of rights or be responsible for the challenged policy.

Shakur v. Stewart · filed 2005-06-22

The district court properly granted summary judgment to defendant Terry L. Stewart because Shakur failed to raise a genuine issue of material fact as to whether Stewart participated in or was responsible for the validation of Shakur as a prison-gang member, or whether Stewart was responsible for any policy used to retaliate against people who utilize the grievance system. See King v. Atiyeh, 814 F.2d 565, 568 (9th Cir.1987) (state officials are not subject to suit under section 1983 unless they play an affirmative part in the alleged deprivation of constitutional rights).

Section 1983 requires a plaintiff to show that each defendant personally participated in, or knew of, the alleged constitutional deprivation.

Wilson v. Meyers · filed 2005-06-24

Wilson’s claims against Dr. Meyers and Dr. Greenman fail because Wilson did not allege that they either personally participated in, or knew of, the alleged constitutional deprivation.

Section 1983 liability for a disclosure requires evidence that the defendant participated in it.

Morgan v. McCormack · filed 2005-06-29

In response, plaintiff has pointed to no evidence even remotely supportive of the view that McCormack was involved in Messenger’s decision to send the letters.

Section 1983 imposes individual liability only on defendants who participated in the conduct that deprived the plaintiff of a protected right.

Cepero-Rivera v. Fagundo · filed 2005-07-01

As an additional corollary, only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.

Section 1983 does not support an illegal-search claim against defendants who did not participate in the search when there is no evidence that a supervisor improperly instructed those who conducted it.

Adams v. City of Auburn Hills · filed 2005-07-11

As it is clearly uncontested that no named defendants were directly involved in the search, and as the Adamses have pointed to no evidence suggesting that Heath made any improper instruction to those conducting the search, we must affirm the district court’s decision to dismiss the illegal-search claim.

Section 1983 can hold a state official liable for directing others to inflict a constitutional injury, even if the official did not physically carry out the act.

Meeker v. Edmundson · filed 2005-07-13

Moreover, it is crystal clear that if Meeker can prove, as he alleges, that Coach Edmundson "instituted, permitted, endorsed, encouraged, [and] facilitated" the beatings, Edmundson cannot escape liability simply because he did not administer the beatings with his own hands.

Section 1983 individual-capacity liability requires evidence that the defendant participated in the alleged misconduct.

Jones v. Pandey · filed 2005-07-14

Without some evidence that Defendant participated in the alleged activity, there can be no liability against him in his individual capacity.

Section 1983 requires evidence that a named defendant was directly involved in the alleged unequal treatment.

Birks v. Galaza · filed 2005-07-15

The district court also properly granted summary judgment on Birks’s equal protection claim, because Birks did not provide any evidence to show either that other similarly situated prisoners were treated more favorably without any rational basis, see Rodriguez v. Cook, 169 F.3d 1176, 1180-81 (9th Cir.1999), or that Barton or any named defendant was directly involved in any unequal treatment, see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order).

Section 1983 does not impose individual liability on city commissioners who did not participate in the alleged deprivation of rights.

Koch v. City of Hutchinson · filed 1987-04-29

The city commissioners did not participate in Koch’s demotion. ... It is not erroneous to hold, therefore, that no reasonable jury could find the city commissioners individually liable for any deprivation of rights.

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

Bryant v. Callahan · filed 2005-07-21

The jury obviously chose to believe the defendants’ witnesses that none of the named defendants were personally involved in Bryant’s continued confinement. “Personal involvement is an essential element of a civil rights cause of action.”

Section 1983 claims against school officials may proceed when alleged deliberate indifference to a racially hostile educational environment could establish their personal involvement.

Barmore v. Aidala · filed 2005-09-07

The defendants’ deliberate indifference to the race-based hostile environment, if it existed, would be the “personal involvement” sufficient to maintain the claim against them. Accordingly, the Section 1983 claims against Villafane, Douglas, and McCann will not be dismissed on this motion but can be challenged again on summary judgment.

Section 1983’s personal involvement requirement is satisfied when an official deliberately disregards a plaintiff’s constitutional rights.

Williams, Jason v. Snyder, Donald · filed 2005-09-26

An official will satisfy the personal-involvement requirement of § 1983 if he deliberately disregards the plaintiff’s constitutional rights.

Section 1983 requires a defendant’s direct or personal involvement in the alleged constitutional deprivation to support a damages claim.

Roque v. Armstrong · filed 2005-09-29

In order to state a claim for damages under section 1983, the plaintiff must demonstrate the defendant’s direct or personal involvement in the actions which are alleged to have caused the constitutional deprivation.

Section 1983 requires personal involvement by each individual defendant; alleged wrongdoing by a government department alone does not establish individual liability.

Vives v. Fajardo · filed 2005-10-12

Plaintiffs cannot rely on an alleged malfeasance by the DOE to sustain a Section 1983 claim against the individual Defendants in the absence of a personal involvement by such plaintiffs in the alleged wrongs.

Section 1983 requires evidence that an individual defendant was personally involved, directly or indirectly, in the alleged deprivation of rights.

Piscottano v. Town of Somers · filed 2005-10-14

Because Piscottano has not presented a genuine issue of material fact as to whether Mclntire deprived her of her constitutional rights, either directly or indirectly, the motion for summary judgment is granted to the extent it seeks summary judgment on behalf of Mclntire.

Section 1983 can impose liability on a prison official who knew of a constitutional violation and facilitated, approved, condoned or deliberately ignored it, even without direct participation.

Reimann v. Frank · filed 2005-10-21

Although these officials were not personally involved in the allegedly unconstitutional searches, they may still be liable under § 1983 because a prison official need not participate directly in a constitutional violation for liability to attach.

Section 1983 requires a defendant to be personally involved in the alleged deprivation for an action to lie under the section.

Ward v. Ernest R. Sutton Kay Oak · filed 1987-11-25

In the absence of personal involvement in the wrong complained of, no action lies under Sec. 1983.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the asserted constitutional violation and a causal relationship between the defendant’s conduct and that violation.

Dukes v. Dep. Supt. of Sec. A · filed 2005-11-03

Athough Dukes’s complaint states that each of these defendants personally failed to act on knowledge of the assault on Dukes, this is insufficient to state an independent constitutional violation, and no causal relationship between these failures and the assault is alleged.

Section 1983 requires a plaintiff suing multiple defendants to show that each defendant personally violated the plaintiff’s constitutional rights.

Estate Robert Smith v. Marasco · filed 2005-11-30

In order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights.

A § 1983 plaintiff suing multiple defendants must show that each defendant personally violated the plaintiff’s constitutional rights; one defendant’s knowledge cannot be imputed to the others.

ESTATE OF · filed 2005-11-30

In order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights. Thus, to the extent that knowledge of Smith's medical condition would alter the excessive force inquiry as to individual defendants, the Smiths must point to some evidence from which we could conclude that those particular defendants had knowledge of Smith's condition.

Section 1983 requires an individual defendant to have caused or participated in a constitutional deprivation.

Charise Pepper v. Village of Oak Park and Leonard Donaire · filed 2005-11-30

Under any theory, to be liable under § 1983, the individual defendant must have “caused or participated in a constitutional deprivation.”

Section 1983 requires a defendant to have personal involvement in the alleged wrongs.

Bobko v. Lavan · filed 2005-12-07

The District Court properly granted the defendants’ motion to dismiss in part, dismissing two defendants Bobko conceded should be dismissed, and dismissing other individuals either because they were not personally involved in the events underlying his claims or merely failed to respond to his letters about his grievance. See Rode v. Dellarciprete, 845 F.2d 1195, 1207-08 (3d Cir. 1988) (stating a defendant in a civil rights action must have personal involvement in the alleged wrongs).

Section 1983 personal liability is sufficiently pleaded against a jail medical director when the complaint alleges she knew of a serious medical need and failed to act.

Harry Maddox, III v. Davis · filed 2005-12-08

Finally, Maddox sufficiently alleged Davis’s knowledge and failure to act.

Section 1983 requires a defendant to have participated in the alleged deprivation of constitutional rights.

Stewart v. Stewart · filed 2005-12-16

The district court properly granted summary judgment on Stewart’s due process claim because Stewart failed to raise a triable issue of fact as to whether defendants participated in the alleged due process violation.

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

Shidler v. Moore · filed 2006-01-03

Section 1983 creates a cause of action for damages based on personal liability. A person cannot be held liable under § 1983 unless the person was personally involved in the alleged wrongdoing.

A § 1983 plaintiff must offer evidence of the defendant’s personal involvement in the challenged action to withstand summary judgment.

Sanders, Eric v. Collins, Susan · filed 2006-01-05

All that remains, then, is Sanders’s observation that during the telephonic hearing he told the district court he received a letter from Collins in which she admitted having “requested the Lake County Jail Warden to place him in the lockdown section.” ... Sanders thus failed to offer any evidentiary support for his allegation about the letter that could overcome a renewed motion for summary judgment.

Section 1983 requires each defendant’s personal responsibility for the claimed constitutional deprivation, but direct participation is not required.

Adsit v. Kaplan · filed 2006-01-19

The Court of Appeals for the Seventh Circuit has held that to recover damages under § 1983, a petitioner must establish each respondent’s personal responsibility for the claimed deprivation of a constitutional right. A respondent’s direct participation in the deprivation is not required. ... Petitioner’s allegation that he told respondent Smith about the pain he was experiencing is sufficient to meet his burden of stating a claim against respondent Smith and I will grant him leave to proceed on this claim.

Section 1983 requires a defendant to be responsible for the challenged deprivation; officials who neither imposed a parole condition nor had power to remove it cannot be liable for it.

Munson v. Norris · filed 2006-01-24

The remaining defendants on remand--RSVP and ADC officials--were not responsible for the parole condition and had no power to remove it.

A § 1983 claim cannot proceed against defendants who are not alleged to have participated in the acts underlying the surviving claims.

Gatson v. Coughlin · filed 1988-02-17

Since defendants Dukelow and Cunningham were not alleged to have participated in the acts giving rise to any of the claims remaining in the case, plaintiff’s complaint against those defendants is dismissed.

Section 1983 provides no basis for a due process claim against individuals who had no role in the alleged procedural omission.

Barrow v. Arizona Board of Regents · filed 1988-03-24

Since it was clear that the only Code of Conduct procedure Barrow did not receive was the initial informal conference with Jones, we see no basis for his § 1983 action seeking $1 million in punitive damages against four other individuals.

Section 1983 requires personal involvement in the alleged constitutional deprivation; a supervisor’s knowledge of assaults and failure to act can satisfy that requirement.

Eng v. Coughlin · filed 1988-04-18

Accepting these claims as true, they show sufficient personal involvement on Scully’s part to deny partial summary judgment in his favor.

Section 1983 does not impose liability on a warden for delayed inmate mail without evidence that he handled the mail or instituted a regulation or practice causing the delay.

Gramegna v. Willie Johnson, Warden, Beatrice Jones, Class Specialist Central Records, Alabama Department of Co · filed 1988-06-07

As to appellee Johnson, the testimony of Jones established that this particular piece of mail did not pass through his hands, but came directly to Jones. No evidence disclosed that Johnson, as Warden of Holman Prison, instituted any regulation or engaged in any practice which would delay the prisoners' receipt of mail.

Section 1983 requires a defendant to have personally participated in the alleged deprivation.

Summers v. Salt Lake County · filed 1989-06-01

Further, it is the clear law of the Tenth Circuit that, in order to be liable under § 1983, “a defendant must have personally participated in the alleged deprivation.”

Section 1983 requires allegations that the named defendant’s own action deprived the plaintiff of a protected right.

Boxer X v. Harris · filed 2006-01-27

This decision is correct because Boxer did not allege that any action by Harris deprived Boxer of any procedural rights to which he was entitled.

Section 1983 requires an individual defendant to be personally involved in the alleged deprivation; officials are not liable for an independent board’s decision they did not influence.

Kelly v. Burks · filed 2006-02-07

There are no allegations that either Burks or Patton exercised any improper influence over the decision of the Personnel Board to dismiss Plaintiffs appeal, and as the denial of a hearing was the Board’s decision, the individual capacity claims against Burks and Patton must be dismissed.

Section 1983 requires a connection between the defendant and the alleged deprivation; a judge is not liable for a seizure by a bailiff who is not alleged to be under her control.

Goldschmidt v. Coco · filed 2006-02-07

The complaint alleges that plaintiff was detained by the bailiff to another judge, to whose courtroom plaintiff had gone following his ejection from the courtroom of Judge Coco. There is no allegation that the person who detained him was under the control of Judge Coco.

Section 1983 permits an unlawful arrest claim against an investigating officer who participated in the arrest decision, even if the officer did not make the arrest.

New v. Fleming · filed 2006-02-08

We are not persuaded by Johnson’s argument that he is entitled to summary judgment because of his limited involvement as an investigating officer. We have recognized that investigating officers may be subject to liability for unlawful arrest even where they did not participate in the actual arrest.

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

Brooks v. Beard · filed 2006-02-14

However, because this is an action under § 1983, Brooks cannot rely solely on respondeat superior as a theory of liability; rather, he must show personal involvement by Appellees by alleging personal direction, actual knowledge, or acquiescence.

Section 1983 requires a defendant’s personal involvement for damages; a supervisor’s signature on an inmate’s appeal decision can create a factual dispute about that involvement.

Bussey v. Phillips · filed 2006-03-10

Thornton’s signature suggests at least some level of review of Bussey’s case. Thus, on the record as it currently stands, the Court cannot conclude that there is no genuine issue of material fact as to Thornton’s involvement.

A § 1983 claim must implicate the named defendant in the alleged wrongdoing; vague and conclusory allegations do not state a claim.

Quick v. Mann · filed 2006-03-15

As for Quick’s remaining claims, we agree with the district court that they either fail to implicate Mann, the only defendant named in Quick’s complaint, or they are simply too vague and conclusory to state a claim upon which relief can be granted.

Section 1983 requires a plaintiff to show that each defendant personally participated in the alleged constitutional deprivation.

Garnier v. Miller-Stout · filed 2006-03-17

The district court’s summary judgment in favor of defendants Miller-Stout, Agar, and Mason was proper because Garnier failed to allege that they knew of, or personally participated in, the alleged constitutional deprivation.

Section 1983 does not impose liability for retaliation on prison administrators who did not participate directly in the disciplinary decisions underlying the claim.

Stanton, Thomas D. v. Pausma, Phil · filed 2006-03-29

And Stanton did not allege that any of these seven individuals participated directly in the disciplinary decisions that formed the basis for his retaliation claims.

Section 1983 requires proof of each defendant’s personal involvement, which may be shown through personal direction or actual knowledge and acquiescence.

Higdon v. Wells County Sheriff's Office · filed 2006-04-05

Defendants correctly note that to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights. ... Personal involvement may be shown by allegations of personal direction or actual knowledge and acquiescence.

Section 1983 requires an official sued for damages to be personally responsible for the deprivation of a constitutional right.

Johnson, Andre v. Snyder, Donald T. · filed 2006-04-05

Thus, Johnson has not shown that Snyder personally facilitated, approved, condoned, or turned a blind eye to Johnson’s situation.

Section 1983 requires a plaintiff seeking damages to establish that the defendant was personally responsible for the deprivation of a constitutional right.

Johnson v. Donald T. Snyder, Eugene McAdory Assistant Warden, Pam Grubman · filed 2006-04-05

Since a section 1983 cause of action is against a “person,” in order “[t]o recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.”

Section 1983 claims against individual officers can survive a motion to dismiss for lack of personal involvement when the pleadings adequately allege their participation.

Messina v. Mazzeo · filed 1994-05-24

However, based on the pleadings, the motion to dismiss the Section 1983 causes of action against the individual defendants, for failure to adequately allege personal involvement, is denied.

Section 1983 requires evidence that a named defendant was personally involved in the challenged deprivation of rights.

Cardenas v. Ray · filed 2006-04-10

The district court did not err when it granted summary judgment in favor of defendants because Cardenas did not present evidence that any of the named defendants made the determination to send him to disciplinary segregation without a hearing on December 22,1998.

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

Welch v. Sethi · filed 2006-04-17

The district court properly granted summary judgment for defendants because Welch failed to raise a triable issue of fact as to whether Dr. Kordan was deliberately indifferent to his serious medical needs and conceded in his deposition that Dr. Sethi was not his treating physician.

Section 1983 requires a city official’s personal involvement in a constitutional violation for individual liability.

Ernst v. City of Bellingham · filed 2006-04-18

Because Asmundson could only be liable if he was personally involved in violating Ernst’s constitutional rights, Mackinney v. Nielsen, 69 F.3d 1002, 1008 (9th Cir.1995), he was entitled to summary judgment.

Section 1983 imposes individual liability only when the defendant caused or participated in a constitutional deprivation.

Fidler v. City of Indianapolis · filed 2006-04-20

The court agrees. “Section 1983 creates a cause of action based upon personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.” ... There is no evidence that Officer Hendricks caused or was involved in these events, and Fidler’s response to defendants’ motion does not contend otherwise. The court grants defendants’ motion for summary judgment as to the § 1983 claims against Officer Hendricks.

Section 1983 requires a defendant’s personal involvement; alleging that an officer was present at a raid and grossly negligent is insufficient.

Martinez-Rivera v. Ramos · filed 2006-05-04

Hence, merely alleging that defendant Bencebi was “among the officers who conducted the raid”, and that he was “grossly negligent,” without more, is not sufficient to establish an involvement of the kind required by section 1983.

An official is personally liable under Section 1983 only for a deprivation the official caused.

Merritt v. M. D. Reed · filed 1997-07-15

Merritt presented no evidence to establish that either defendant Reed or Lanehart made the reasons for his termination public. See Kentucky v. Graham, 473 U.S. 159, 166 (1985) (to establish personal liability in section 1983 action, plaintiff must show that defendant official caused deprivation of right). The uncontroverted facts of this case show that neither Reed nor Lanehart informed any prospective employers of the reasons for Merritt's termination.

Section 1983 requires evidence connecting each defendant personally to the alleged deprivation of rights.

McCabe v. Prison Health Services · filed 1997-11-14

Although McCabe need not present an expert witness to proceed to trial, he must provide evidence that, if believed by a reasonable fact-finder, would show that each of the defendants knew, or should have known, of his serious medical need, and was deliberately indifferent to it.

Section 1983 requires proof that a defendant personally participated in the alleged deprivation.

Estate of Ricci v. Salt Lake City Corp. · filed 2006-05-17

On the record before us, there is no genuine dispute about the city defendants’ lack of involvement in the conditions of M r. Ricci’s confinement and his unfortunate death. In the context of this case, their reasons for singling out M r. R icci as a suspect have no legal significance. See M itchell v. M aynard, 80 F.3d 1433, 1441 (10th Cir. 1996) (stating that proof of personal participation is essential to recovery on a § 1983 claim).

Section 1983’s personal involvement requirement can be met when an official fails to act on information indicating that unconstitutional acts are occurring.

Shepherd v. Hogan · filed 2006-05-18

Finally, we note that because personal involvement for purposes of 42 U.S.C. § 1983 can be established by showing that ... “the official exhibited deliberate indifference to the rights of others by failing to act on information indicating that unconstitutional acts were occurring,” see Johnson v. Newburgh Enlarged Sch. Dist., 239 F.3d 246, 255 (2d Cir.2001), it appears that Shepherd will have satisfied this requirement if he satisfies his burden under the subjective prong of the Eighth Amendment analysis.

Section 1983 does not permit liability based on respondeat superior without the defendant’s personal involvement in the alleged deprivation.

Salley v. PA Department of Corrections · filed 2006-05-23

Since liability under § 1983 cannot be based on a theory of respondeat superior, Salley has no claim against Lasky.

Section 1983 claims against individual officials can survive a motion to dismiss when the allegations sufficiently connect them to violations of the plaintiff’s rights.

Corey Airport Services, Inc. v. City of Atlanta · filed 2006-05-24

We agree with the district court’s conclusion that Corey has made sufficient allegations connecting the individual defendants to violations of Corey’s equal protection rights to withstand a motion to dismiss and for the individual defendants to move to the next stage of litigation.

Section 1983 requires a plaintiff to show that the named defendants were personally responsible for the alleged constitutional deprivation.

Schubert v. Page · filed 2001-06-19

And although two of Schubert’s witnesses testified that several guards stood by and watched Schubert being beaten unconscious, those guards were not these defendants.

Section 1983 requires a defendant to be linked to the alleged deprivation; officials who placed a prisoner in a cell are not liable for its conditions without involvement in or knowledge of those conditions.

Riggins v. Andrew Walter, Russell Ticer, T. Thomas · filed 2001-11-30

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, ... Riggins has failed to link these defendants to the alleged constitutional deprivation, which in ... volves the conditions of the cell and not the institutional process that placed him in it.

Section 1983 treats officers who enforce a challenged parole condition as personally involved in any resulting constitutional violation, even if they did not impose the condition.

Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 Cv · filed 2006-05-31

The district court erred, however, in failing to note that Burke and Freeman actually enforced the Special Condition by arresting Farrell, which would clearly constitute personal involvement in any violation of Farrell’s constitutional rights.

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

Landrum v. McKinney · filed 2006-06-08

As Landrum has not alleged that Harrison was personally involved in his October 2001 reassignment to the garment factory, we affirm the grant of summary judgment as to that claim.

Section 1983 does not impose individual liability on an officer for another officer’s sudden use of excessive force when the first officer did not direct it or have an opportunity to prevent it.

Baltimore v. City of Albany, Georgia · filed 2006-06-09

As such, there is no evidence that Cpl. Rizer was individually responsible for the excessive force at issue, the blow to the head. The district court therefore erred in denying Cpl. Rizer qualified immunity.

Section 1983 requires a defendant’s personal involvement in alleged retaliatory conduct to establish a causal connection for a First Amendment retaliation claim.

Smith v. Department of General Services · filed 2006-06-12

Smith fails to recognize that a claim of First Amendment retaliation requires personal involvement in the alleged retaliatory conduct so that there is a causal connection.

Section 1983 requires evidence that a defendant personally participated in or knowingly acquiesced in the alleged deprivation.

Oakley, James v. Cowan, Roger · filed 2006-06-29

To survive summary judgment, a plaintiff claiming a violation of § 1983 must produce evidence that the defendant knew of a deprivation and “‘approved it, turned a blind eye to it, failed to remedy it, or in some way personally participated.’” Johnson v. Snyder, 444 F.3d 579, 584 (7th Cir. 2006) (quoting Vance v. Peters, 97 F.3d 987, 994 (7th Cir. 1996)).

Section 1983 liability for excessive force requires evidence that the defendant was involved in the alleged use of force.

Bias v. Lundy · filed 2006-07-07

Because there was no evidence that Guillory, Lundy, Malone or Ryan were involved in the alleged use of excessive force, the magistrate judge properly granted judgment in their favor.

A § 1983 complaint must allege facts connecting a defendant to the claimed deprivation; conclusory allegations about an unidentified actor do not state a claim.

Hernandez v. Arellano · filed 2006-07-14

He conceded in the amended complaint that he did not know who made the alleged change to his email account or how it was done. The conclusory allegations do not state a claim for relief.

A § 1983 selective-prosecution claim requires allegations linking each defendant to the alleged prosecution.

Burns v. Citarella · filed 2006-07-18

In the absence of any allegations linking Murphy, Iaropoli or Nicholson to the institution of criminal proceedings against her, plaintiff fails to state a claim against them for selective prosecution.

Section 1983 individual-capacity liability requires personal involvement in the alleged deprivation; alleging that the defendant personally terminated the plaintiff satisfies that requirement at the pleading stage.

Rangel v. Brown · filed 2006-07-26

Viewing the allegations in the light most favorable to Rangel, Rangel has alleged that Brown personally terminated her. This is enough to allege Brown was personally involved in the deprivation of Rangel’s constitutional rights. Therefore, Rangel has stated a § 1983 claim against Brown in her individual capacity, and I deny Brown’s motion to dismiss as to this portion of Count I.

Section 1983 requires a defendant’s personal involvement; membership on a committee that recommends continued confinement does not establish involvement when the member is not alleged to have exercised de facto power over the decision.

Smart v. Goord · filed 2006-07-27

Smart has not alleged that any member of the review committee exercised de facto power over her continued confinement. ... Accordingly, Smart’s due process claims against Defendants McElroy, Lemmerman, Petrino, Su-bin, Hammond, Lemmerman, and Favale must be dismissed.

Section 1983 requires a defendant to be personally involved in the alleged actions for liability to attach.

Bonham v. Givens · filed 2006-07-27

As to taking his property, none of the named defendants had any involvement, and a defendant must be personally involved in the alleged actions for liability to attach under section 1983.

A § 1983 plaintiff suing multiple individuals must show that each defendant personally violated the plaintiff’s rights.

Kaucher v. County of Bucks · filed 2006-08-02

Furthermore, “[i]n order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights.” Estate of Smith v. Marasco (Smith II), 430 F.3d 140, 151 (3d Cir. 2005). Here, the Kauchers have not alleged facts demonstrating personal involvement of any named individual defendant other than Gubernick, who they allege violated their substantive due process rights by issuing the memorandum regarding MRSA in the jail.

Section 1983 requires a defendant to have personal involvement in the constitutional violation to be liable.

Hoffman v. Kelz · filed 2006-08-03

Liability under § 1983 must be based on a defendant’s personal involvement in the constitutional violation.

Section 1983 requires a defendant to be personally responsible for the unconstitutional action alleged.

McReynolds v. Johnson · filed 2006-08-03

In dismissing McReynolds’s complaint, the court relied in part on the absence of harm caused by the missed appointment, and on McReynolds’s failure to show that any defendant was personally responsible for any unconstitutional action. Following careful review, see Johnson v. Bi-State Justice Ctr., 12 F.3d 133, 135-36 (8th Cir. 1993) (standard of review), we affirm.

Section 1983 requires a defendant’s personal involvement, through presence at the wrongful act or direction of or cooperation in the violation.

Candelaria v. Valdez · filed 1973-01-18

Personal involvement requires that the person charged be present at the time of the wrongful acts or that the person charged directed or cooperated in the violation.

Section 1983 permits a false arrest claim against an officer whose false report leads to a Fourth Amendment seizure, even if another officer makes the arrest.

Acevedo, Edward v. Canterbury, Dennis · filed 2006-08-10

A police officer who files a false report may be liable for false arrest if the filing of the report leads to a seizure in violation of the Fourth Amendment, even if he did not conduct the arrest himself.

Section 1983 personal involvement may be established when an official knows of an alleged violation and deliberately fails to act, even if the official did not initiate it.

Narducci v. Village of Bellwood · filed 2006-08-11

These facts certainly raise a genuine question as to whether Moore acted (or failed to act) with deliberate indifference or “turned a blind eye” to the taping, and summary judgment as to Narducci’s Section 1983 claim on this ground must therefore be denied.

Section 1983 requires evidence of a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.

Taylor v. Oney · filed 2006-08-24

“A defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Taylor failed to produce any evidence of the personal involvement of any of the individual defendants in the opening of his legal mail.

Section 1983 does not impose liability on dispatchers for a seizure in which they did not directly participate when there is no evidence of deliberate indifference or recklessness.

Smoak v. Hall · filed 2006-08-25

Given that there is no evidence of deliberate indifference or recklessness on the part of Brock and McHood, the Smoaks have not established a basis to hold the THP dispatchers accountable for a seizure in which they did not directly participate.

Section 1983 requires evidence connecting an individual defendant to the adverse action underlying a retaliation claim.

Freitag v. Ayers · filed 2006-09-13

There is no evidence that Lopez is liable for retaliation under § 1983 because there is no evidence that he was responsible for, participated in, or even had knowledge of, any adverse employment action taken against Frei-tag. He did not contribute to the decision to relieve Freitag from her duty in the SHU, to refer her for psychiatric evaluation, to initiate the internal affairs investigations, or to terminate her. Thus, we reverse the jury verdict with respect to Lopez.

Section 1983 requires a triable issue of fact about a defendant’s involvement in the alleged violation to avoid summary judgment.

Craver v. Bahadursingh · filed 2006-09-13

The district court properly granted summary judgment to defendant T. Smith because Craver failed to raise a triable issue of fact regarding her involvement in the alleged violations.

Section 1983 requires proof that a defendant was personally involved in the alleged constitutional violation to recover damages.

Paul v. City of Rochester · filed 2006-09-21

Defendants Black and Drennan are entitled to summary judgment for the additional reason that plaintiff cannot show that either was personally involved in the alleged constitutional violation. “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.”

Section 1983 requires evidence connecting an individual defendant to the challenged detention.

Krantz v. City of Toledo Police Department · filed 2006-09-20

We also find summary judgment was properly entered in favor of Gray because there was no evidence that Gray participated in the stop or the detention.

Section 1983 permits liability against board members who directly participate in disciplining employees to punish their exercise of constitutional rights.

Skehan v. Village Of Mamaroneck · filed 2006-09-26

However, assuming that the district court was correct, as we must, we agree that if the Board, apart from Flynn, charged and suspended the plaintiffs, at least in part, to punish them for the exercise of their constitutional rights, a legally adequate theory for liability under § 1983 would be presented.

Section 1983 plaintiffs may allege that supervisors caused constitutional violations through their policies without detailing each defendant’s individual contribution before discovery.

Hydrick v. Hunter · filed 2006-09-28

At this stage of pleading, however, they need not specifically delineate how each Defendant contributed to the violation of their constitutional rights. ... Therefore, we hold that Plaintiffs have sufficiently alleged Defendants’ role in the alleged constitutional violations against SVPs to survive this motion to dismiss.

Section 1983 damages require the defendant’s personal involvement in the alleged constitutional deprivation.

Dupree v. Pough · filed 2006-09-29

“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.” ... To the extent that plaintiff can state a procedural due process challenge to his period of confinement between the original maximum expiration date and the date on which he requested an adjournment (during which the final revocation hearing was adjourned twice for reasons that are unclear), plaintiff has not alleged what role, if any, Pough had in allowing the parole warrant to remain extant during this period.

Section 1983 requires a sufficient causal connection between the defendant and the constitutional violation.

Kritenbrink v. Crawford · filed 2006-10-12

Liability under the Civil Rights Act, 42 U.S.C. § 1983 (2006), requires a finding of a sufficient causal connection between the defendant and the constitutional violation at issue.

Section 1983 liability requires a defendant’s direct personal responsibility for the deprivation of a constitutional right.

Trujillo v. Williams · filed 2006-10-17

In order for liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established.

Section 1983 requires a defendant’s personal involvement in the alleged discrimination or retaliation to establish personal liability.

Mallard v. Tomlinson · filed 2006-10-30

Since M r. M allard had to show M r. Price’s personal involvement in the alleged discrimination or retaliation in order to establish personal liability under 42 U.S.C. § 1983, Grimsley v. M acKay, 93 F.3d 676, 679 (10th Cir. 1996), summary judgment was proper.

Section 1983 retaliation liability requires evidence connecting the defendant to an adverse employment action.

Freitag v. Ayers · filed 2006-11-02

There is no evidence that Lopez is liable for retaliation under § 1983 because there is no evidence that he was responsible for, participated in, or even had knowledge of, any adverse employment action taken against Freitag.

Section 1983 damages liability requires proof of the individual defendant’s personal involvement in the alleged wrong.

Tate v. Gusman · filed 2006-11-07

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