42 U.S.C. § 1983

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

Lustig v. Mondeau · filed 2006-11-08

Because plaintiff cannot demonstrate that these defendants were personally involved in the later incident of alleged retaliation, summary judgment was properly entered on this claim.

Section 1983 requires an individual defendant to have participated directly in the alleged constitutional violation.

Harder v. Village of Forest Park · filed 2006-11-09

Thus, to hold an individual liable under § 1983, the defendant must have participated directly in the alleged constitutional violation.

Section 1983 requires allegations showing that each named defendant was personally involved in the conduct underlying the claim.

Boykin v. SIENA HOUSE GAUDENZIA PROGRAM · filed 2006-11-09

Finally, in order to state a viable claim under 42 U.S.C. § 1983, each named defendant must be shown, via the complaint’s allegations, to have been personally involved in the events or occurrences which underlie a claim.

Section 1983 requires a prisoner alleging a retaliatory transfer to show that the defendants were responsible for the transfer.

Miller v. Figueroa · filed 2006-11-13

The district court properly granted summary judgment to defendants on Miller’s retaliatory transfer claim because he did not demonstrate that defendants were responsible for having him transferred.

Section 1983 does not impose liability on a defendant for acts in which the defendant was not personally involved.

Hansen v. Schubert · filed 2006-11-20

There is no dispute that defendant Schubert was the only defendant who was personally involved in the preliminary investigation up to the point when the warrant was actually obtained. Therefore, none of the other defendants can be held liable for acts occurring prior to the issuance of the warrant.

Section 1983 does not make an arresting officer liable for later detention after the officer has no further contact with or responsibility for the detainee.

Tibbs, Ronald v. City of Chicago · filed 2006-11-27

In any event, Officer Kooistra had no contact with Tibbs and no responsibility for him after he was taken to the lockup area of the jail some thirty minutes after the arrest, so it is hard to see how he could be held liable based on Tibbs’s two-day detention.

Section 1983 does not make an officer liable for a fellow officer's actions merely because the officer was present at the scene.

Calvi v. Knox County · filed 2006-12-11

His mere presence at the scene, without more, does not by some mysterious alchemy render him legally responsible under section 1983 for the actions of a fellow officer.

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

Shigemura, Edward v. Duft, Diane · filed 2006-12-21

But “to recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.”

A § 1983 excessive-force claim against a named officer requires evidence from which a reasonable jury could find that the officer personally used the alleged force.

Stegall v. Audette · filed 2006-12-29

The burden therefore shifts to Stegall, who must present evidence that would allow a reasonable jury to find that Mott did attack her, despite the contrary evidence on the record.

Section 1983 does not make a defendant responsible for others’ acts based solely on general allegations that they acted together, without facts connecting the defendant to those acts.

Weathers v. Ebert · filed 1974-11-13

The other allegations are only general statements that he acted in concert with others. ... These, unsupported by averments of communication, consultation, cooperation, or command, do not make him responsible under § 1983 for the acts of others.

Individual-capacity liability under § 1983 requires personal involvement in the constitutional deprivation.

Mombourquette Ex Rel. Mombourquette v. Amundson · filed 2007-01-12

In contrast, an individual capacity suit requires a showing a personal involvement.

Section 1983 damages liability requires the defendant’s personal involvement, participation, or direct responsibility for the complained-of conditions.

Fields v. Roswarski · filed 2007-01-12

Section 1983 creates a cause of action for damages based on personal liability; a plaintiff must show the defendant’s personal involvement or participation, or direct responsibility for the conditions of which he complains.

A § 1983 claim cannot proceed against a named defendant who had no involvement with the plaintiff’s alleged injury.

Baez v. Kahanowicz · filed 2007-01-17

Because the Court finds that the named defendant had no involvement with plaintiff, and that plaintiffs failure to exhaust administrative remedies would bar his claims in any event, the Court is compelled to dismiss this action.

Section 1983 does not impose vicarious liability; a defendant must directly participate in a constitutional violation to be liable.

Cain v. Budz · filed 2007-01-18

Section 1983 does not allow for vicarious liability; to be liable for a constitutional violation, a defendant must directly participate in a constitutional violation.

Section 1983 due process claims against individual defendants require allegations that they participated in the allegedly unconstitutional acts.

Cormack v. Settle-Beshears · filed 2007-01-23

His due process claims against the individual appellees should be dismissed because Cormack's complaint fails to allege that they participated in the acts which he alleges were unconstitutional.

Section 1983 requires an individual defendant to have directly participated in the alleged constitutional violation.

Adams v. Dyer · filed 2007-02-09

At no point in the pleadings submitted to this court does Adams aver that Dyer or Stine were personally involved in transporting him from the bedroom to the police car. Nor does Adams present any evidence on this point. Accordingly, we affirm the district court’s grant of summary judgment in favor of Dyer and Stine as to Claim Two. See M cKee v. Heggy, 703 F.2d 479, 483 (10th Cir. 1983) (holding that an individual cannot be held liable in a § 1983 action unless he directly participated in the alleged constitutional violation).

Section 1983 requires facts showing a defendant’s personal involvement; merely identifying an official as the head of a board does not state an individual-capacity claim against her.

Dommisse v. Napolitano · filed 2007-02-14

Dommisse mentions Janet Na-politano, by name, only once stating that she heads the Board. This single mention is insufficient to state a claim against her.

An officer or sheriff who had no involvement in another deputy’s arrest decision cannot be held liable for that deputy’s false arrest under § 1983.

Wolk v. Seminole County, Fla. · filed 2007-02-16

No evidence exists to indicate that any of the other Defendants were involved in Deputy Klein’s decision to arrest Plaintiff (in fact, as noted previously, Deputy Klein herself stated that none of the other officers had any involvement in the decision to arrest Plaintiff). As a result, a section 1983 claim against Deputy Hilton, Deputy Dickens, and Sheriff Eslinger cannot proceed with regard to the false arrest claim, and summary judgment is granted as to all three individuals.

Section 1983 requires a defendant’s personal involvement in a rights violation; denying a grievance alone does not establish a claim without facts linking the denial to a violation.

Warren v. Goord · filed 2007-03-06

However, plaintiff does not explain how a denial of a grievance violates plaintiffs constitutional or federal rights so as to state a claim under § 1983. Because plaintiff has failed to allege any relevant facts that would give rise to a failure to protect claim, and because he has not alleged that Eagen violated any of his other rights, the Court dismisses the claim against Eagen.

Individual liability under § 1983 requires personal involvement in the challenged conduct; supervisory status and unsupported claims of policy adoption do not suffice.

Dotson v. Wilkinson · filed 2007-03-12

A party cannot be held liable under Section 1983 unless the party personally participated in, or otherwise authorized, approved or knowingly acquiesced in, the allegedly unconstitutional conduct. ... Mr. Dotson’s bald assertions to the contrary, that defendants “adopted and implemented” policy does not state a claim against Director Wilkinson or Dr. Martin in their individual capacities.

Section 1983 plaintiffs may allege defendants’ involvement generally at the pleading stage when they cannot yet identify each defendant’s exact role.

Miller, Dale v. Fisher, Bruce R. · filed 2007-03-12

Miller has alleged generally that the defendants were involved in placing Sherman in his unit despite knowing the substantial risk that Sherman posed to his safety. This is enough to put the defendants on notice of what they are accused of.

Section 1983 liability requires a defendant to be personally responsible for the alleged deprivation.

Jones, Charles v. Drew, Donna · filed 2007-03-12

In addition, we have repeatedly noted that liability under § 1983 arises only when a defendant is personally responsible for the deprivation of which the plaintiff complains.

Section 1983 does not require a defendant’s personal involvement in the alleged violations when the plaintiff seeks only injunctive relief.

Jacobs, Chris J. v. Frank, Matthew J. · filed 2007-03-12

If this was a damages action the Secretary’s lack of personal involvement would be conclusive, see Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir. 2006); Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995), but since Jacobs sought only injunctive relief it is irrelevant whether the Secretary participated in the alleged violations, see Houston v. Sheahan, 62 F.3d 902, 903 (7th Cir. 1995); Ogden v. U.S., 758 F.2d 1168, 1177 (7th Cir. 1985).

A § 1983 retaliation complaint must identify a defendant who retaliated or who directed or knew of the alleged retaliation by others.

Gully v. Maynard · filed 2007-03-13

Finally, we conclude that Gully failed to state a retaliation claim, as he did not specify any named defendant who retaliated against him or who directed or knew of the alleged retaliation by unnamed others.

Section 1983 requires facts showing an official’s personal involvement in the alleged constitutional violation to hold that official individually liable.

Burkett v. City of El Paso · filed 2007-03-14

Plaintiff has failed to plead facts, which if assumed to be true, establish that Esparza and Miller were personally involved in any of the alleged constitutional violations. Plaintiff has not pleaded any acts or omissions by Esparza or Miller that would show their personal involvement in the constitutional injuries Plaintiff allegedly suffered.

An official with authority to stop an ongoing violation may be liable under § 1983 for ignoring a prisoner’s complaint about it.

Vasquez v. Raemisch · filed 2007-03-15

If a prisoner complains of a violation that is ongoing and the official has the authority to stop it, but the official ignores the complaint, then there is a strong argument that the official “kn[e]w about the conduct and facilitate[d] it, approve[d] it, condone[d] it, or turn[ed] a blind eye,” which is the standard for imposing liability under § 1983.

Section 1983 personal participation can include overseeing and carrying out a challenged policy adopted before the defendants arrived.

Coronel v. Paul · filed 2007-03-19

The district court erred in determining that prison chaplain Paul and prison Warden Luna did not personally participate in the policy that prohibited Coronel from attending Pascua Yaqui ceremonies. Although the policy was already in place at the time Paul and Luna arrived at FCC, Paul and Luna oversaw and carried out the prohibition.

Section 1983 requires sufficient facts showing that each defendant personally participated in the challenged conduct.

Hall v. Hill · filed 2007-03-19

The district court properly dismissed Hall’s amended complaint because Hall failed to allege sufficient facts to demonstrate that any defendants personally participated in either the underlying disciplinary hearing which resulted in the restitution order, or in the garnishment of funds from Hall’s prison trust account.

Section 1983 requires a defendant to be personally responsible for the deprivation of a right; liability cannot rest on a jail’s failure to provide religious services when the defendant lacked responsibility for that decision and knowledge of the inmate’s request.

Larry v. Goetz · filed 2007-03-20

To be liable under § 1983, defendant must be “personally responsible for the deprivation of a constitutional right.” ... Because plaintiff has failed to offer any admissible evidence to prove that defendant Goetz was personally responsible for the jail’s failure to offer Jumah services or that he had any knowledge that plaintiff wanted Jumah services, defendant’s motion for summary judgment will be granted.

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

Caruso v. Massapequa Union Free School District · filed 2007-03-21

To prevail against named defendants, a plaintiff must show that each was “personally involved ... in the alleged constitutional deprivation.”

Section 1983 requires a defendant’s personal involvement in the alleged wrongs; vague allegations about unidentified defendants do not state a claim.

Baraka v. McGreevey · filed 2007-03-21

Baraka does not allege specific, personal involvement on the part of the unknown defendants, and, accordingly, the District Court did not err in dismissing the claims against them.

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

No. 05-2361 · filed 2007-03-21

A defendant in a civil rights action "must have personal involvement in the alleged wrongs to be liable," Sutton v. Rasheed, 323 F.3d 236, 249 (3d Cir.2003) (quotation omitted), and "cannot be held responsible for a constitutional violation which he or she neither participated in nor approved," C.H. ex rel. Z.H. v. Oliva, 226 F.3d 198, 201 (3d Cir.2000). Baraka does not allege specific, personal involvement on the part of the unknown defendants, and, accordingly, the District Court did not err in dismissing the claims against them.

Section 1983 requires a plaintiff to adequately allege an individual defendant’s responsibility for the claimed deprivation.

Minh v. Giurbino · filed 2007-03-21

Minh’s allegations that Grosset charged him for chronos, delivered medication to the wrong address, and refused to accept his grievances fail to allege deliberate indifference to a serious medical need, see Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and Minh failed to adequately allege that Grosset was responsible for the delay in treatment of his dental needs, see Ivey v. Board of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (“Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”).

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

Younger v. City of New York · filed 2007-03-29

It is well settled in the Second Circuit that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires a defendant’s personal involvement; an officer’s mere presence at the scene of an alleged violation is insufficient.

Carey v. Maloney · filed 2007-03-30

Lupacchino’s mere presence at the scene where Carey’s rights were allegedly violated is not sufficient to find that Lupacchino was personally involved in the violation of those rights.

Section 1983 permits liability for an official involved in a decision even when another official was the primary decisionmaker.

Spiess v. Meyers · filed 2007-04-10

Because Foreman may be held liable under Section 1983 for her involvement in the decisionmaking process even though Meyers was the primary decisionmaker, plaintiffs position in Spiess I that Meyers maintained hiring authority to fill the vacant position of Management Systems Analyst II does not trigger judicial estoppel in this case and plaintiff is not entitled to summary judgment on that ground.

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

Greene v. Mazzuca · filed 2007-04-26

Additionally, in determining Greene’s harassment claims against Mazzuca, Gold, Goord, and Cave, a finding of personal involvement by the individual defendants in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.

Section 1983 requires allegations of a defendant’s personal involvement; naming a medical director solely for a supervisory role does not state a claim.

Adams v. Cook County Department of Corrections · filed 2007-05-02

In this case, Plaintiff alleges no facts or conclusions with respect to Dr. Rodriguez to put him on notice how to answer. ... Therefore, the complaint against Dr. Rodriguez is dismissed without prejudice to Plaintiff later including Dr. Rodriguez as a defendant should it become apparent that Dr. Rodriguez was in some way involved with the actions or inactions giving rise to Plaintiffs deliberate indifference claims.

A Section 1983 complaint sufficiently alleges personal involvement when its allegations permit a reasonable inference that the defendants participated in the challenged conduct.

Concepcion v. MUNICIPALITY OF GURADBO · filed 2007-05-11

Indulging all reasonable inferences in Plaintiffs’ favor, the Court concludes that the Complaint states sufficient allegations from which a reasonable fact finder could infer Roman’s and Santiago’s personal involvement in the actions described in the Complaint.

Section 1983 requires evidence of a defendant’s personal involvement in the alleged wrongdoing to impose individual liability.

Stancuna v. Town of Wallingford · filed 2007-05-15

Accordingly, absent evidence to support an inference that Dickinson was personally involved in the alleged wrongdoing, plaintiffs claim against him must be dismissed.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not create liability.

Stewart v. Philadelphia Housing Authority · filed 2007-05-16

A defendant in a civil rights action must be personally involved in the alleged wrongs, as there is no respondeat superior liability under § 1983.

Section 1983 requires a defendant’s direct personal responsibility for the claimed constitutional deprivation; conclusory allegations of participation are insufficient.

Clayton v. Ward · filed 2007-05-23

“[F]or liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established.” ... Even construing Clayton’s complaint liberally, he fails to indicate how Edmondson personally participated in assigning him to OSP or H-unit.

Section 1983 requires personal involvement in the alleged deprivation for direct liability.

Ostensen v. Suffolk County · filed 2007-05-23

As Officer Gallagher did not illegally enter the property or participate in the alleged removal of Ostensen’s possessions, he cannot be hable under § 1983 based on any direct involvement.

Section 1983 liability requires personal participation in the alleged deprivation of rights.

Colbert v. Blaylock · filed 2007-06-11

To the extent Colbert alleges that he received inadequate medical treatment in violation of the Eight Amendment, that claim was not cognizable against the defendants. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir.2002) (“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation^]”).

Section 1983 does not impose liability merely because a defendant denied a grievance or should have known that others refused treatment.

Smith v. Pinchback · filed 2007-06-13

Neither of these assertions establishes a viable claim against this defendant.

A § 1983 claim against a supervisor in an individual capacity requires allegations of the supervisor’s personal involvement in the constitutional deprivation.

Barnes v. Henderson · filed 2007-06-19

A plaintiff asserting a § 1983 claim against a supervisory official in his individual capacity must allege that the supervisor was personally involved in the alleged constitutional deprivation.

Section 1983 liability may rest on a prison official’s failure to act on a reported safety risk when the official has authority to address it; denial of a grievance alone cannot establish liability.

Williams v. McLemore · filed 2007-06-19

Because Director McGinnis forwarded his grievance response to McLemore with the implied instruction to conduct an SCC meeting, and McLemore failed to do so, this case is distinguished from our prior cases that have held that a prison official’s denial of an administrative grievance cannot be the basis of liability.

Section 1983 requires a direct causal connection between an officer’s conduct and the alleged constitutional violation; an officer without such a connection is entitled to qualified immunity.

Duncan v. Jackson · filed 2007-06-19

Plaintiffs have failed to come forward with evidence sufficient to demonstrate a direct causal connection between Chief Jackson’s conduct and the allegedly unreasonable search of the premises. We find, therefore, that Chief Jackson is entitled to summary judgment on the grounds of qualified immunity with respect to all claims that the search violated the Fourth Amendment, and we reverse the district court’s decision in this regard.

Section 1983 requires evidence that the defendant personally committed the alleged violation; an excessive-force claim cannot survive summary judgment without evidence identifying the defendant as the officer involved.

Cortez v. Genualdo · filed 2007-06-25

Summary judgment was proper because no record evidence shows Genualdo committed the assault alleged by Cortez. To the contrary, Cortez testified he did not see Genualdo assault him and failed to present any evidence identifying Genualdo as the officer who allegedly did so.

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

Alvarez v. Hansen · filed 2007-06-29

Here, although there is no dispute that the § 1983 claim against Hansen, Chester, McMahon, and Taylor is grounded in the Fourteenth Amendment, Alvarez has not produced sufficient evidence to establish that the Hansen, Chester, McMahon, and Taylor were personally involved in the alleged constitutional deprivation.

Section 1983 requires the defendant's personal involvement in the alleged violation of a federal right.

Strittmatter v. Briscoe · filed 2007-07-11

In sum, Strittmatter is unable to satisfy the first element of a Section 1983 cause of action against Briscoe. He fails to show that Briscoe personally engaged in any act or omission that allegedly violated any constitutional right.

Section 1983 requires a defendant’s direct and personal participation for money damages; respondeat superior does not impose vicarious liability.

Mackey v. Camp · filed 1976-06-22

Secondly, with regard to defendant Camp, plaintiff has failed to show a direct and personal participation on his part in the acts complained of. Such a showing is necessary where money damages are sought under 42 U.S.C. § 1983, for the doctrine of respondeat superior is not available to impose vicarious liability on a defendant in a suit for money damages under 42 U.S.C. § 1983.

Section 1983 does not impose liability on a police chief whose only involvement in the alleged unlawful searches was authorizing off-duty officers to wear uniforms.

Stroeber v. Commission Veteran's Auditorium · filed 1977-10-14

The only evidence of defendant Nichols’ involvement in this action is that he, as chief of police, authorized the use of uniforms by off-duty policemen at the Auditorium. Such is insufficient involvement in the alleged unlawful searches to permit liability under Section 1983.

An individual § 1983 claim against a school superintendent requires allegations of his personal involvement in the challenged conduct.

. Myers v. Loudoun County School Board · filed 2007-07-23

The complaint only briefly relates to Dr. Hatrick only with respect to his duties as superintendent, and does not involve any personal action by Dr. Hatrick outside the scope of his agency relationship.

Section 1983 requires an affirmative causal link between an individual defendant and the discriminatory conduct for individual liability.

Hawkins v. County of Oneida, NY · filed 2007-07-24

To make out a § 1983 claim against an individual defendant, a plaintiff must demonstrate “some affirmative link to causally connect the actor with the discriminatory action.”

Section 1983 requires a plaintiff to show that a named defendant deprived the plaintiff of a federal right.

Orange v. Fielding · filed 2007-07-24

However, as the Magistrate Judge noted in the R & R, in order to maintain a claim under § 1983, a plaintiff must show, in part, that a named Defendant deprived him or her of a federal right.

Section 1983 requires a plaintiff to show the defendant’s direct or personal involvement in the alleged constitutional deprivation.

Gutierrez v. Joy · filed 2007-07-27

Indeed, “a plaintiff must demonstrate the defendant’s direct or personal involvement in the actions which are alleged to have caused the constitutional deprivation” to bring suit under § 1983.

Section 1983 requires allegations that a defendant was personally involved in or directly responsible for the alleged wrong.

Gray v. Weber · filed 2007-07-30

Nevertheless, the complaint was properly dismissed because as the district court noted, Gray named only the warden, who was not alleged to have any personal involvement in or direct responsibility for these events.

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

Kirby v. Johnson · filed 2007-08-03

Kirby’s challenges to the conduct of various prison officials, with the exception of Lehrer, are insufficient to establish constitutional violations; “[p]ersonal involvement is an essential element of a civil rights cause of action.”

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

Farid v. Ellen · filed 2007-08-15

Thus, none of the factors outlined in Colon v. Coughlin are satisfied and summary judgment is granted to Goord for lack of personal involvement and on the defense of qualified immunity.

Section 1983 requires an official who approves another official’s unconstitutional conduct to have actual knowledge of the violation before liability can attach.

Wilson v. Greetan · filed 2007-08-17

If Stellings did not have actual knowledge of the constitutional violation, he cannot be held liable under § 1983.

Section 1983 permits a claim against an arresting officer who was integral to a seizure even if he did not personally use excessive force.

Elliott v. Linnell · filed 2007-08-17

Although Prickett did not engage in the use of excessive force, he was the arresting officer. As such, Prickett’s argument that he was a mere bystander is disingenuous. Prickett was integral to the seizure herein which rendered him a participant rather than a bystander.

Section 1983 requires each defendant’s personal participation in the alleged violation; supervisory status alone does not establish liability.

Evans v. Fogarty (JCH Inc.) · filed 2007-08-22

It is also worthy of mention that plaintiffs carried a burden to establish the personal participation of each defendant in the alleged retaliation; section 1983 liability may not be predicated on a respondeat superior theory.

Section 1983 requires a plaintiff seeking damages to show that the defendant personally participated in the alleged constitutional violation.

Robertson v. Las Animas County Sheriff's Department · filed 2007-09-10

Furthermore, Deputy Bassett played no role in Mr. Robertson’s arrest that day. It is axiomatic that, to prevail on a damages claim for a constitutional violation pursuant to § 1983, the plaintiff must show that the defendant, acting under color of state law, “personally participated in the alleged violation.” Jenkins v. Wood, 81 F.3d 988, 994 (10th Cir. 1996).

Section 1983 requires evidence that an officer personally participated in the alleged violation for a claim against that officer to proceed.

Thorne v. Lelles · filed 2007-09-25

As both parties acknowledged during oral argument, however, there is no evidence in the record that Officer Lelles had any involvement in the warrantless entry of the plaintiffs’ backyard, nor is there any evidence that Officer Korovic participated in the arrest of Daniel Thorne, Jr. Accordingly, we REVERSE the judgment of the district court on those two latter claims and REMAND the case for further proceedings.

Section 1983 requires a plaintiff to adequately allege each defendant’s personal involvement to impose liability.

Schwartz v. Dennison · filed 2007-09-28

Plaintiff's claims against Dennison and Cirincione fail for the additional reason that he has failed to adequately allege their personal involvement.

Section 1983 requires allegations of a prison health services provider’s direct involvement in the alleged deprivation of constitutional rights.

Riddick v. Modeny · filed 2007-10-09

For the reasons set forth by the District Court, we agree that Riddick failed to allege any direct involvement by Prison Health Care Services, Inc., and thus his complaint against them was also properly dismissed for failure to state a claim.

Section 1983 requires evidence connecting each named official to the alleged deprivation of rights.

Wilson v. Taylor · filed 2007-10-17

Further, even if these incidents were racially discriminatory, Wilson presents no evidence of involvement, let alone intentional discrimination, by Commissioner Taylor or Warden Kearney.

Section 1983 requires personal involvement; an officer whose absence from the alleged use of force is established and unrebutted cannot be held liable for it.

Hasemeier v. Shepard · filed 2007-10-22

The evidence submitted established that Trollinger was not present during the events, and Hasemeier failed to rebut this evidence. Accordingly, we conclude that the district court properly granted summary judgment in favor of Trollinger.

Section 1983 liability requires a defendant’s personal involvement in the deprivation of rights and rests on the defendant’s own acts or omissions.

Santiago-Perez v. State Ins. Fund Corp. · filed 2007-11-05

A defendant incurs Section 1983 liability only if he was personally involved in the deprivation of rights asserted by a plaintiff; a defendant may be found liable ... only on the basis of his own acts or omissions.

Section 1983 requires a defendant’s personal involvement for a damages award.

Espada v. Schneider · filed 2007-11-07

In this Circuit, personal involvement of a defendant is a prerequisite to a damages award for a § 1983 claim.

Section 1983 requires a defendant’s personal involvement in the alleged denial of treatment.

Rickie Green v. Jonak · filed 2007-11-14

Initially, we find that Nurse Mitchell was properly dismissed because Green’s hearing testimony did not implicate her in the denial of treatment at issue.

Section 1983 individual-capacity liability requires evidence connecting the official’s own actions to the alleged deprivation.

Aduddle v. Fort Bend County · filed 2007-12-11

Aduddle’s claim against Sheriff Wright in his individual capacity fails because he offers nothing more than unfounded assertions to establish that Sheriff Wright’s actions resulted in the alleged denial of medical treatment.

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

Levy v. Pappas · filed 2007-12-21

In a § 1983 action, liability cannot attach against an individual defendant unless “the individual defendant caused or participated in a constitutional deprivation.”

Section 1983 requires a defendant to have caused or personally participated in the alleged constitutional violation.

Dawson v. Johnson · filed 2008-01-08

A defendant cannot be held liable in a § 1983 action unless he or she caused or personally participated in the alleged constitutional violation.

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

Bray v. Young · filed 2008-01-14

Because Bray’s allegations, which are accepted as true, fail to show that Warden Wheeler was personally involved in the alleged constitutional violation, we conclude that the magistrate judge did not err in dismissing Bray’s claim.

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

Bray v. Hubbard · filed 2008-01-14

Because Bray’s allegations, which are accepted as true, fail to show that Warden Wheeler was personally involved in the alleged constitutional violation, we conclude that the magistrate judge did not err in dismissing Bray’s claim.

Section 1983 requires allegations connecting each defendant’s own conduct to the plaintiff’s injury.

Torres-Santiago v. Alcaraz-Emmanuelli · filed 2008-01-15

Assuming for the moment that Torres-Santiago successfully stated a claim under the first two elements of a section 1983 claim, she did not allege any facts indicating that defendants Vargas-Arroyo and Gonzalez-Baker discriminated against her based upon her gender or her age, nor that actions by either one of them caused her constructive discharge.

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

Labankoff v. City of Santa Rosa · filed 2008-01-22

The district court properly granted summary judgment to retired Santa Rosa Police Chief Michael Dunbaugh because Labankoff failed to raise a genuine issue of material fact as to whether Dunbaugh was personally involved in the arrest.

A § 1983 complaint must allege facts connecting an officer to the incident for which the plaintiff seeks to hold that officer liable.

Pierce v. HC DOC, et al. · filed 2008-01-24

Boyer's omission from the complaint may be the result of a clerical error, as plaintiff contends, but the fact remains that the complaint, as drafted, contains no facts which, if proven, would subject Boyer to liability for the December 1 incident.

A Section 1983 plaintiff must connect the named defendants to the alleged deprivation of rights.

Martinez v. Dretke · filed 2008-01-25

Additionally, Martinez offers no explanation to this court regarding the relationship of the named defendants to his claim that officials acted with deliberate indifference to his medical needs.

Section 1983 imposes liability on state officials only for their personal involvement in a constitutional violation.

Eiden v. McCarthy · filed 2008-01-28

The court also agrees with the Defendant’s argument that the Plaintiff has failed to demonstrate how either McCarthy or Yelmini was personally involved in the alleged wrongful conduct. Liability under 42 U.S.C. § 1983 is imposed on state officials only for personal involvement in a constitutional violation.

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

Smith v. Spitzer · filed 2008-01-28

Personal involvement is, of course, a pre-req-uisite to liability under 42 U.S.C. § 1983.

Section 1983 permits a claim against an official personally involved in a constitutional violation even when a supervisory body could overturn the official’s decision.

Hancock v. Bay City Texas · filed 2008-01-28

As a matter of law, Baker cites no legal authority for his proposition that an official is absolved of violating a person’s constitutional rights because a supervisory body had the power to overturn the violator’s decision. “As a prerequisite, a plaintiff must identify defendants who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.” Roberts v. City of Shreveport, 397 F.3d 287, 291–92 (5th Cir. 2005) (internal quotations omitted). Hancock has carried her burden of establishing that Baker was personally involved in violating her constitutional rights.

Section 1983 requires a plaintiff to link each defendant’s own actions to the deprivation of a protected right.

Rivera v. Departamento De La Familia De Puerto Rico · filed 2008-02-06

Additionally, the causal connection element requires that plaintiff establish for each defendant, that the defendant’s own actions deprived plaintiff of her protected rights. ... Moreover, plaintiff does not link defendants to the adverse employment action nor does he contest that they lacked the power to take such actions against him.

Section 1983 imposes liability on officials only when their personal involvement sufficiently connects them to the alleged constitutional violation.

Brannum Ex Rel. Brannum v. Overton County School Board · filed 2008-02-20

There is no indication in the record that the defendant school board members or Director Needham authorized or were aware of the locker room videotaping. Their role was limited to a general decision to improve school building security by installing video equipment. The decision as to the location of the cameras and how and when they would be used was beyond their personal involvement and their role in the matters giving rise to this suit are too indirect to subject them to § 1983 liability. Therefore, the defendant board members and Director Needham are immune and were entitled to summary judgment, but the remaining defendants were not.

A § 1983 complaint must allege a defendant’s direct or personal involvement in the claimed injury.

Martinez v. Ravikumar · filed 2008-02-22

Moreover, the Amended Complaint must be dismissed as against Thornton because it contains no pleadings stating any direct or personal involvement by Thornton in the injuries Martinez alleges.

Section 1983 holds each defendant liable only for his own deliberate indifference, not for inadequate staffing he did not control.

Young v. Kazmenski · filed 2008-02-25

Of course, to the extent, if any, that Young’s allegedly inadequate treatment was attributable to understaffing at SCI Mahanoy appellees cannot be liable as they were not responsible for the size of the staff and each can be held liable only for his own deliberate indifference.

Section 1983 requires a claimant to show the defendant’s personal involvement in the alleged constitutional violation to satisfy the state-actor requirement.

Colby v. Umbrella, Inc. · filed 2008-03-07

To fulfill the state-actor requirement under § 1983, the claimant must demonstrate “personal involvement” of the defendant in the alleged constitutional violations.

Section 1983 liability requires personal involvement in or direct responsibility for the actions resulting in a violation.

Carter v. Hassell · filed 2008-03-12

... we hold that dismissal of Carter’s claims against Blake was proper, because Blake could not be held liable for the conduct alleged, see Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (§ 1983 liability requires personal involvement in or direct responsibility for actions resulting in violation).

Section 1983 requires evidence connecting a named defendant to the alleged deprivation of rights.

Lawson v. Correctional Medical Services · filed 2008-03-13

While the record showed that prescribed antiviral medications were occasionally not given, Lawson failed to rebut evidence that his HIV status had not worsened, and he offered no evidence showing that the named CMS defendants were the ones who administered medications or that the missed doses were deliberately withheld without appropriate reasons.

Section 1983 requires a defendant to have caused or participated in the alleged constitutional violation; supervisory status alone does not establish liability.

Taylor v. Walker · filed 2008-03-17

A defendant cannot be held liable under 42 USC § 1983 unless the plaintiff can demonstrate that the defendant’s caused or participated in the alleged constitutional violation.

Section 1983 requires personal involvement or responsibility for the alleged deprivation, but does not require direct participation.

Piggie v. Riggle · filed 2008-03-21

As noted above, personal involvement or responsibility in the alleged deprivation is a necessary element for liability under 42 U.S.C. § 1983; it does not require direct participation, however.

Section 1983 requires sufficient evidence of a defendant’s personal involvement in the alleged deprivation to withstand summary judgment.

Walker v. Kelly · filed 2008-03-24

The district court properly granted summary judgment on Walker’s claims against defendants Kelly, Gildner, Carey, Shea, Singer, and Vaughn because Walker did not present sufficient evidence that they were personally involved in withholding his legal materials or interfering with his mail.

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

Atwell v. Lavan · filed 2008-03-26

It is also well settled in the Third Circuit that personal involvement of defendants in alleged constitutional deprivations is a requirement in a § 1983 case and that a complaint must allege such personal involvement.

An officer who knows another officer is violating a constitutional right and has an opportunity to intervene may be liable under § 1983 for failing to do so.

Gombert v. Lynch · filed 2008-03-27

Thus, Kamin-ski assuredly would have had the opportunity and ability to intervene to prevent the removal of the items. No reasonable jury could find otherwise. As a result, the Defendants’ argument regarding their personal involvement are unavailing.

Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation to support damages liability.

Warheit v. City of New York · filed 2008-04-03

We agree with the District Court’s conclusion that no reasonable jury could find, based upon the available evidence, that Abad was personally involved in Warheit’s transfer and commitment to Bellevue.

Section 1983 requires a connection between each defendant’s actions and the claimed deprivation of rights.

Zavala v. BARNIK · filed 2008-04-08

The complaint must allege in specific terms how each defendant is involved; there can be no liability under 42 U.S.C. § 1983 unless there is an affirmative link or connection between the defendants’ actions and the claimed deprivations.

Section 1983 requires evidence of a warden’s personal involvement in the alleged deprivation; her position as ultimate decision-maker alone does not establish liability.

Townsend v. Fuchs · filed 2008-04-10

And Townsend failed to establish that Farrey had direct control over the unsanitary conditions in TLU. The most that Townsend asserts is that Farrey should have known about the conditions in his cell because, as the “ultimate decision-maker” at New Lisbon, she knew that inmates were double-celled in TLU and had to sleep on the floor. But because Townsend points to no evidence showing that Farrey either observed Townsend’s cell personally or was informed of his specific situation, he would be unable show that she acted with deliberate indifference by failing to remedy the conditions in his cell.

Section 1983 requires evidence that a defendant caused or participated in the alleged constitutional deprivation; supervisory status alone does not establish liability.

Townsend, Reggie v. Fuchs, Larry · filed 2008-04-10

But because Townsend points to no evidence show- ing that Farrey either observed Townsend’s cell personally or was informed of his specific situation, he would be unable show that she acted with deliberate indifference by failing to remedy the conditions in his cell. See Galdikas v. Fagan, 342 F.3d 684, 693 (7th Cir. 2003) (“ ’An individual cannot be held liable in a § 1983 action unless he caused or participated in [the] alleged constitutional deprivation.’ ” (quoting Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983))); Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995); see also Farmer, 511 U.S. at 837.

Section 1983 liability is not limited to officials with ultimate authority over the act that causes a deprivation of rights.

Berry v. Arthur · filed 1979-08-06

Section 1983 does not suggest that liability will be only upon those who bear ultimate responsibility for performing an act.

Section 1983 requires a plaintiff to show a constitutional violation and personal involvement by the defendant to recover damages.

Jacobs v. College of William and Mary · filed 1980-12-15

To recover damages under § 1983, plaintiff has the duty to show a violation of the 14th Amendment and involvement by the State. ... To recover against Mrs. West under § 1983, plaintiff must show “personal involvement of Mrs. West ... (and) in the absence of such personal involvement . . . (she) is not liable under § 1983.” ... What is held is that there is no cause of action proven against Mrs. West under § 1983.

Section 1983 liability requires evidence that a defendant personally participated in the deprivation of the plaintiff’s rights.

United States Ex Rel. Flores v. Cuyler · filed 1981-03-24

I find that defendants Cuyler, Reid, Sims and Gillis are not liable under Section 1983 because the complaint does not charge nor has plaintiff come forward with evidence that these defendants actually participated in the deprivation of plaintiff’s rights.

Section 1983 requires specific facts tying a defendant to the alleged constitutional deprivation; vague allegations of involvement are insufficient.

Brazil v. Arkansas Board of Dental Examiners · filed 1984-08-08

The same situation must arise with respect to the constitutional claims raised against the Association and its officers under 42 U.S.C. § 1983. ... The vaguely-worded affidavit of Mr. Brazil raises no specific facts that tie the Association and its officers to the alleged deprivations of the plaintiffs’ constitutional rights.

Section 1983 does not impose liability on an official for an assault that occurred before the official was employed by the department.

Wheeler v. Sullivan · filed 1984-11-21

Defendant Jones was not employed by the Department of Corrections on June 7, 1980 and, accordingly, is not a defendant with respect to the assault claim.

A subordinate may face a § 1983 retaliation claim when the final decision maker acts as the subordinate’s “cat’s paw,” so that the adverse decision can fairly be attributed to the subordinate.

Land v. City of Odessa TX · filed 2008-04-24

These facts support the notion that Dietz may have been Childers’s “cat’s paw.” Accordingly, this case falls into the exception, and Land’s case may pro- ceed against Childers.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation to satisfy the state-actor requirement; an allegation of that involvement was sufficient at the pleading stage.

Colby v. Umbrella, Inc. · filed 2008-04-25

We cannot agree with the court that plaintiff failed to allege sufficient facts establishing state action to sustain a § 1983 claim. To fulfill the state-actor requirement under § 1983, the claimant must demonstrate “personal involvement” of the defendant in the alleged constitutional violations.

Section 1983 requires a defendant's personal involvement for damages; a supervisory role alone does not establish liability.

Jones v. WESTCHESTER CTY. DEPT., CORR. MED. DEPT. · filed 2008-05-06

Personal involvement is a prerequisite to an award of damages under section 1983. ... Plaintiff's assertions of the Warden's supervisory role over Ms. Yozzo are insufficient, as it is well-settled that respondeat superior does not apply in section 1983 actions.

Section 1983 requires a defendant’s personal involvement for an award of damages.

Jones v. Westchester County Department of Corrections Medical Department · filed 2008-05-06

Personal involvement is a prerequisite to an award of damages under section 1983.

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

M.K. Ex Rel. Mrs. K. v. Sergi · filed 2008-05-12

As discussed above, plaintiffs have failed to establish any personal involvement of either Kemper or LeBrun with any of the alleged deprivations. Therefore, they are entitled to summary judgment on plaintiffs’ § 1983 claims.

Section 1983 requires a defendant to have knowingly, willfully, or at least recklessly caused the deprivation of a constitutional right.

Ghashiyah v. Litscher · filed 2008-05-15

The district court correctly dismissed the two claims against Warden McCaughtry because the undisputed facts showed that he was not aware that Ghashiyah had changed his name, and thus McCaughtry could not have “ ‘knowingly, willfully, or at least recklessly caused a deprivation of his First Amendment rights.”

Section 1983 requires each defendant’s personal involvement in the alleged wrong; liability cannot rest solely on respondeat superior.

Carter v. Taylor · filed 2008-05-28

In order to prevail under § 1983, plaintiff must establish that each defendant had personal involvement in the alleged wrongs since liability cannot be predicated solely on the operation of respondeat superior.

Section 1983 does not impose liability on a hearing officer for harm from a later hearing when his conduct did not cause the later hearing’s procedural defects.

Livingston v. Kelly · filed 2008-06-02

Assuming arguendo that the final hearing was somehow tainted or unfair, the fact remains that the harm suffered by plaintiff was directly attributable to the third and final hearing, not to the first hearing. There is no indication that anything that Breckon did or failed to do at that hearing was responsible for the alleged procedural infirmities at the third hearing.

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

Washpon v. Parr · filed 2008-06-04

Finally, defendants also move to dismiss Officer Lancer from the case, on the grounds that there is no allegation of her personal involvement, and it is well-established that the “personal involvement of defendant in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... However, the complaint clearly names Officer Lancer as a defendant, and alleges that “defendants” handcuffed Washpon. At her deposition, Washpon averred that all three defendants — including Officer Lancer — were involved in the arrest. Accordingly, at this stage, it would be inappropriate to dismiss Officer Lancer.

Section 1983 damages claims against government officials require particularized facts showing what each defendant did to violate the asserted constitutional right.

Lanman v. Hinson · filed 2008-06-17

This Court has consistently held that damage claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what each defendant did to violate the asserted constitutional right.

Section 1983 liability can arise when a person causes a constitutional deprivation by setting in motion acts by others that the person knows or reasonably should know would cause the injury.

Antoine v. County of Sacramento · filed 2008-06-26

A person subjects another to the deprivation of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made. Moreover, personal participation is not the only predicate for section 1983 liability. Anyone who “causes” any citizen to be subjected to a constitutional deprivation is also liable. The requisite causal connection can be established not only by some kind of direct personal participation in the deprivation, but also by setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury. ... It is the law.

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

Stoltey v. Brown · filed 2008-06-26

And to the extent that Stoltey has sued Fitzpatrick on the basis of these same claims, summary judgment was proper because Fitzpatrick was not personally involved in writing the police report, obtaining the arrest warrant, arresting Stoltey, or setting her bail.

Section 1983 requires allegations that each defendant personally participated in, or set in motion, acts that deprived the plaintiff of a right.

Daniels v. Marshall · filed 2008-07-07

The district court properly dismissed the action as to defendants Tholl, Reams, Carrie, Doe 2, and Doe 3 because Daniels failed to allege facts showing that these defendants personally participated in or set into motion any acts by others which deprived Daniels of access to his legal mail or property.

Section 1983 requires a defendant sued in an individual capacity to have been personally involved in the deprivation or to have caused it through wrongful actions.

James v. Texas Collin County · filed 2008-07-14

A plaintiff must establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation. ... After considering the entire record, there is no evidence that would allow a reasonable jury to find that James was terminated by the Commissioners rather than by Bilyeu. ... We therefore hold that the district court did not err by granting the Defendants’ motion for summary judgment and dismissing James’s claim against the Commissioners in their individual capacity.

Section 1983 provides a civil action against a person who, under color of state law, deprives someone of federal rights.

Armant v. Stalder · filed 2008-07-18

In his brief, Armant does not point to any factual allegations of his complaint that establish the personal involvement of these defendants.

Section 1983 requires a defendant to be personally involved in the constitutional deprivation to be liable.

Dolberry v. Levine · filed 2008-07-28

Such actions do not satisfy the personal involvement requirement for a § 1983 claim.

Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation; evidence that an official directed or oversaw the challenged conduct can satisfy that requirement.

McConnell v. McKillip · filed 2008-07-30

Individual liability under § 1983 requires some personal involvement in the alleged constitutional deprivation. ... Based on the foregoing, the Court concludes that there is sufficient evidence to show the requisite degree of personal participation by the Mayor and Williams for § 1983 liability to attach.

Section 1983 requires a defendant's personal involvement before damages may be awarded for a constitutional deprivation.

Pugh v. Goord · filed 2008-07-31

“[Pjersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 imposes liability on individual persons who personally participate in a constitutional deprivation.

Covell v. MENKIS · filed 2008-08-05

Section 1983 deals only with individual liability. See 42 U.S.C. § 1983 (“Every person who ... subjects, or causes to be subjected ... any citizen ... to the deprivation of any rights ... secured by the Constitution and laws, shall be liable to the party injured in an action at law ... ”). In order for any Defendant to be determined to be liable, he or she must personally have participated in the constitutional violation.

Section 1983 allows a person to sue for a constitutional deprivation caused by someone acting under color of state law and requires a sufficient causal connection to the defendant's conduct.

Mann v. City Of Tucson · filed 1986-02-10

Under Arnold v. IBM Corp., 637 F.2d 1350, 1356-57 (9th Cir.1981), in order to establish the requisite proximate cause between the conduct of private persons and searches in violation of section 1983, a plaintiff must prove the private individuals exercised control over the decisionmaking in a police investigation.

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

Zboralski v. Monahan · filed 2008-08-20

First, we grant summary judgment to defendants Monahan and Budz. The uncontested facts demonstrate that neither defendant had any personal involvement in the alleged incidents of which plaintiff complains.

A § 1983 claim against an individual defendant requires evidence that the defendant played a role in the alleged deprivation.

Argyropoulos v. City of Alton · filed 2008-08-26

Summary judgment was properly granted for Botterbush, because Argyropoulos failed to identify any evidence in the record showing that he played a role in her termination.

Section 1983 requires a defendant’s personal participation in a constitutional deprivation or conduct that causes others to inflict the injury.

Mead v. Gordon · filed 2008-09-03

Liability under 42 U.S.C. § 1983 lies for direct personal participation in the constitutional deprivation or by “setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury.” ... I find no evidence, however, to suggest that these defendants caused any restriction on Mead’s correspondence and visits with inmates.

Section 1983 does not make an official liable for an equal protection violation merely because he knew of another official’s conduct without participating in it.

Woodruff, Randall L. v. Mason, Jo Ann · filed 2008-09-05

As the district court noted, there is no evidence that Coleman withheld or participated in the withholding of the license—he was merely aware of it, and Legacy has not explained how an awareness of the withholding makes him liable for an equal protection violation.

Section 1983 does not impose liability on a defendant absent evidence that it was responsible for the events giving rise to the claimed harm.

Cason v. District of Columbia · filed 2008-09-26

Even if the facts as alleged by Plaintiff are true and adequately supported by his evidence, Plaintiff fails to establish that ARAMARK is in any way responsible for the events giving rise to his claim or can be held liable for the harms he has suffered.

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

Caraccilo v. Village of Seneca Falls, NY · filed 2008-09-30

It is well established that a defendant’s personal involvement in an alleged constitutional deprivation is a prerequisite to his individual liability under 42 U.S.C. § 1983.

Section 1983 requires an official’s personal involvement in the violation; inaction without a duty to act does not establish liability.

Frederick L. Kunzelman, Cross-Appellee v. Gervase Thompson, Richard Giese and Juneau County, Wisconsin, Defendants- Cros · filed 1986-08-25

This evidence could in no way support a finding of liability on the part of Thompson. While plaintiff argues that Thompson’s inaction should be sufficient personal involvement, such involvement requires more than motive, more than a desire to take action, more than support and encouragement — it takes some act to infer that the defendant has assisted the violation.

Section 1983 claims against individual defendants require allegations of their personal involvement; plaintiffs may amend otherwise viable claims to supply those allegations.

William Franklin Wynn and William Kenneth Harris v. Alexander · filed 1986-09-16

These were recognized as being viable claims but were dismissed because of failure to allege necessary personal involvement of individual defendants. The defendants should have been permitted to file an amended complaint with respect thereto.

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

Celestin v. City of New York · filed 2008-10-14

A prerequisite for any award damage under 42 U.S.C. § 1983 for an alleged constitutional violation is the personal involvement of the defendant.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; a supervisor may be personally involved by directing the action or knowing of and acquiescing in it.

Queer v. Westmoreland County · filed 2008-10-20

Personal involvement can be shown when a supervisor either personally directs the retaliatory action or has actual knowledge of, and acquiesces in, the retaliatory action. Id. With respect to Loughner and Zecchini, the record does not reflect that they were personally involved in the decision not to renew ICC’s contract.

Section 1983 requires proof that a defendant was personally involved in the deprivation of a constitutional right.

Allen, Robert v. Wine, Major · filed 2008-10-24

To hold a person liable under § 1983, however, the plaintiff must prove that the defendant was personally involved in the deprivation of a constitutional right.

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

Soto v. LaBuzzetta · filed 2008-11-05

In order to establish an actionable constitutional claim, plaintiff must demonstrate some personal involvement by the defendant in the constitutional violation.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement or a specific policy the defendant promulgated that led to a constitutional violation.

Atualevao v. Swift · filed 2008-11-06

The district court properly dismissed the claims against defendants Larry Holt and Melvin Hunter because Atualevao failed to allege any personal involvement or how these defendants promulgated a specific policy that led to a constitutional violation.

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

Fowlkes v. Rodriguez · filed 2008-11-07

Thus, because plaintiff cannot allege that he was assigned his risk level by anyone or any entity other than the sentencing court, he cannot allege against any of the DOCS Defendants, defendants Steinhardt and Szady, or the County Defendants the personal involvement necessary to state a claim under § 1983 with respect to his risk level designation.

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

Nash v. McGinnis · filed 2008-11-13

In any action under § 1983, the plaintiff must establish each defendant’s personal involvement in the alleged constitutional deprivation in order to hold that defendant liable.

Section 1983 requires a plaintiff to show some level of personal responsibility by each defendant.

Cole Ex Rel. Cole v. Greenfield-Central Community Schools · filed 1986-12-05

The plaintiff must also show that each defendant had some level of personal responsibility.

A Section 1983 claim against individual officials survives a personal-involvement challenge at the pleading stage when the allegations leave their involvement in the alleged deprivation possible.

United States Ex Rel. Adams v. O'Leary · filed 1987-04-30

Nothing in those allegations affirmatively shows Covin or O’Leary lacked personal involvement in denying Adams’ February 14 visit (though that may well prove to be so on later factual inquiry). Defendants’ motion to dismiss Covin and O’Leary has to be denied as well.

Section 1983 requires a causal link between each named defendant and an act or omission that violated the plaintiff’s rights.

Hendon v. Witcher · filed 2008-12-02

The district court did not err when it dismissed Hendon’s Eighth Amendment claim because he failed to allege a causal link between each named defendant and some affirmative act or omission that demonstrated a violation of his constitutional rights.

Section 1983 requires an official’s personal participation in a constitutional violation to hold the official liable for subordinates’ acts, even if those acts benefited the official.

Thomas v. City of Blanchard · filed 2008-12-03

Unless an official participates personally in a constitutional violation, as by instructions or improper training, he cannot be held responsible for the acts of his subordinates even if those acts were committed for his benefit.

Section 1983 permits liability for an officer who directs an unconstitutional search without entering the home when his conduct directly causes the violation.

Hunt v. Tomplait · filed 2008-12-08

The fact that Deputy Tomplait did not enter the house does not relieve him of liability as a matter of law; his identification of the Hunt residence as the residence to be searched—and subsequent leadership of the search team to the residence—was a direct cause of the Fourth Amendment violation.

Section 1983 requires personal responsibility for the alleged deprivation; defendants cannot be held liable merely because other staff members committed the acts.

Walker v. Hayden · filed 2008-12-11

In any event, even apart from Rule 8, we would uphold the dismissal of this claim because the appellants do not allege that the two defendants they sued carried out the “criminal punishments” themselves or bear any personal responsibility for them. ... This latter point also resolves the specific claims of Walker and Hendrickson, who allege that they were assaulted by Sand Ridge staff members who are not defendants in this litigation.

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

Tsabbar v. Eason · filed 2008-12-11

Although not explicitly addressed by the district court, summary judgment in Sheriff Eason’s favor was also appropriate because Tsabbar did not adequately allege any personal involvement on the part of Eason in the deprivation of Tsabbar’s property. Eason also therefore cannot be held liable under Section 1983.

A supervisor’s receipt of a letter alleging discrimination, without more, does not establish the personal involvement required for § 1983 liability.

Westbrook v. City University of New York · filed 2008-12-19

However, without more, Mr. Goldstein's receipt of the contested letter does not rise to level of personal involvement necessary to establish § 1983 liability.

Section 1983 requires personal participation in an alleged rights deprivation; defendants who neither used force nor controlled the officers who allegedly did are not liable for that force.

Workman v. District 13 Tanque Verde Unified School District · filed 2008-12-23

The district court properly granted summary judgment in favor of the School District defendants on Workman’s excessive force claim because there was no evidence, and thus no dispute, that any of these defendants touched Workman or had any control over the police officers who allegedly touched Workman.

Individual liability under § 1983 requires personal participation in the alleged constitutional violation.

Whitington v. Ortiz · filed 2009-01-13

Individual liability under 42 U.S.C. § 1983, must be based upon personal participation of the individual in the alleged constitutional violation.