42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 requires a District of Columbia official to have directly participated in the alleged wrongdoing to be held personally liable.
McDaniel v. Fenty · filed 2009-01-13
Although a District of Columbia official may be held personally liable for depriving an individual of "rights, privileges, or immunities secured by the Constitution and laws," 42 U.S.C. § 1983, he must have directly participated in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 holds an individual defendant liable only for that defendant’s own conduct, not for another defendant’s recklessness.
Eades v. James Thompson, Individually and as Governor of the State of Illinois · filed 1987-06-24
Each individual defendant can be liable only for what he or she did personally, not for any recklessness on the part of any other defendants, singly or as a group.Read the full opinion on CourtListener →
Section 1983 damages liability requires a defendant’s personal involvement in the alleged deprivation of rights.
Soto v. Coughlin · filed 1987-08-20
As a preliminary matter, judgment on the pleadings is appropriate as regards the damages action against defendants Coughlin and Dalsheim. The complaint does not allege that either of these defendants was personally involved in the alleged deprivation of plaintiff’s due process rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Miner v. Goord · filed 2009-01-21
Personal involvement of a defendant in an alleged constitutional deprivation is “a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each individual defendant participated in the alleged violation.
Roy v. Barshaw · filed 2009-01-23
The district court properly granted summary judgment as to the claims against defendants Klemme and Medina-Hansen because Roy failed to show that they participated in the alleged retaliatory acts.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.
Bettis v. Bickel · filed 2009-01-30
“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.”Read the full opinion on CourtListener →
A Section 1983 claim against a supervisor cannot survive summary judgment without evidence supporting the allegation that the supervisor directed the challenged conduct.
McKinney v. Guthrie · filed 2009-02-03
The District Court found that no genuine issue of material fact existed regarding McKinney’s claims against Defendant Ward because the documentary evidence McKinney presented in opposition to summary judgment – including various declarations and affidavits – did not substantiate McKinney’s claim that Ward directed the other Defendants to assault him.4 McKinney has not directed us to any such evidence, and our review of the record reveals none. We therefore will affirm the District Court’s April 3, 2007, judgment to the extent that it granted summary judgment on this claim.Read the full opinion on CourtListener →
Section 1983’s personal involvement requirement can be met when officials participate in or approve the decisions alleged to violate constitutional rights.
Baker v. Gerould · filed 2009-02-04
However, Baker alleges — and defendants largely do not dispute — that each of those defendants played a role in making and approving the decisions not to promote him in 2002 and 2005. I therefore find that Baker has sufficiently alleged personal involvement by those defendants to withstand the present motion for summary judgment.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; a doctor who did not participate in a referral decision cannot be liable for it.
Kendrick v. Frank · filed 2009-02-11
It is undisputed that Luy did not examine Kendrick until after he filed this lawsuit. Luy, therefore, had no personal involvement in the decision not to refer Kendrick to a specialist and cannot be liable.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.
FRESH START SUBSTANCE SERVICES, LLC v. Galvin · filed 2009-02-13
Section 1983 imposes liability for conduct which “subjects, or causes to be subjected” a complainant to a deprivation of a right secured by the Constitution and laws of the United States; accordingly, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires a causal connection between a defendant’s conduct and the alleged deprivation of rights.
Monfort-Rodriguez v. Rey-Hernandez · filed 2009-02-17
To succeed on a claim for political harassment in violation of the First Amendment brought under section 1983, plaintiffs must establish a causal connection between defendant Rey’s conduct and the working conditions, assignments or other alleged “inferiority” of which plaintiffs complain.Read the full opinion on CourtListener →
Section 1983 liability for retaliation requires evidence of a defendant’s personal involvement in the alleged conduct.
Olstad v. Gonzales · filed 2009-02-20
Olstad’s assertion that Collier, Gonzales, and Owens influenced the later Board members is based solely on his own beliefs and perceptions. He proffered no evidence that those three were personally involved in the placement of the litigation materials in his file.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for liability.
Conseillant v. Alves · filed 2009-02-24
Third, to the extent that anyone misdiagnosed plaintiff, or misinformed him about his condition (although it does not appear that anyone in fact did), Dr. Alves was not personally involved. In any claim under § 1983, the plaintiff must establish the defendant’s personal involvement in the alleged constitutional deprivation in order to hold the defendant liable.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by an individual defendant; allegations showing that involvement can support a claim against the defendant.
Mosely v. Highsmith · filed 2009-02-25
Mosely’s allegations indicate that all the named individuals were personally involved.Read the full opinion on CourtListener →
Section 1983 claims against officials require a factual basis implicating them in the alleged rights violation.
Carlos A. L. Vaughn v. Zeller · filed 2009-02-26
Because nothing in the record raises an issue of material fact that appellees are implicated in any violation of Vaughn’s due process rights at the Terrell Unit, summary judgment was proper as to any claims arising from the 2001 proceeding.Read the full opinion on CourtListener →
A § 1983 retaliation claim against an individual cannot survive summary judgment without a genuine factual issue about that person’s involvement in the challenged actions.
Jennings v. Huizar · filed 2009-03-02
The district court properly granted summary judgment on Jennings’s claim that Huizar retaliated against him by changing his job assignment and reducing his work hours, because Jennings failed to raise a genuine issue of material fact as to whether Huizar was involved in those decisions.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged wrong for damages liability.
Wetzel v. St. Tammany Parish Jail · filed 2009-03-05
In addition, proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on a claim for damages under § 1983.Read the full opinion on CourtListener →
Section 1983 permits a person to sue state actors who personally cause a deprivation of federal rights.
Kuhn v. Johnson · filed 1988-05-13
Thus, Plaintiff brings this action pursuant to 42 U.S.C. § 1983 for this alleged violation of his Fourteenth Amendment right. ... With respect to Defendants Johnson and Nickell, Defendant’s argument is meritless. These Defendants approved the discharge of Plaintiff and such action was taken pursuant to the duties of the positions they held. Apparently, Defendant Nickell signed Plaintiff’s discharge form in the name of Defendant Johnson. Thus, they must both assume responsibility. Clearly, Plaintiff’s discharge took place “at the direction” of Defendant Johnson and “with the knowledge” of Defendant Nickell.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show the personal involvement of each defendant.
Mastroianni v. Reilly · filed 2009-03-07
Further, to establish a claim under § 1983, the plaintiff must show the personal involvement of each defendant.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; broad allegations against a group are insufficient.
S. v. Webb · filed 2009-03-13
To be liable, these named defendants must have been personally involved in the alleged conduct. ... Thus, the S’s have faded to allege sufficient personal involvement and deprived these defendants of a meaningful opportunity to respond.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally responsible for the deprivation of a constitutional right.
Bowers v. Pollard · filed 2009-03-17
To recover under § 1983 a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a police officer sued for excessive force to have participated directly or to have been present with a reasonable opportunity to intervene.
Rasanen Ex Rel. Estate of Rasanen v. Brown · filed 2009-03-25
Under Section 1983, a police officer is personally involved in the use of excessive force only if he either directly participates in the conduct giving rise to the claim or was present and yet failed to intercede on behalf of the victim even though he had a reasonable opportunity to do so.Read the full opinion on CourtListener →
Section 1983 provides a civil action against a person who, under color of state law, deprives another of federal rights, and liability requires personal participation in the constitutional wrongdoing.
Fiorenzo v. Nolan · filed 1991-01-30
But, as with plaintiffs’ delegation theory, mere failure to stop transfers is insufficient participation in constitutional wrongdoing for Section 1983 liability to lie.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement for damages and does not impose liability through respondeat superior.
Vega v. Artus · filed 2009-03-26
The personal involvement of a defendant is a prerequisite for the assessment of damages in an action arising under 42 U.S.C. § 1983, McKinnon v. Patterson, 568 F.2d 930, 934 (2d Cir.1977), and the doctrine of respondeat superior is inapplicable in such an action. ... Defendant Artus’s actions in referring the letters to staff for investigation is not sufficient to establish personal involvement.Read the full opinion on CourtListener →
A § 1983 claim against a corrections commissioner requires an allegation that the commissioner participated directly or indirectly in the alleged deprivation.
Joseph Carl Brown, and Paul Lyons v. Allyn R. Sielaff, Commissioner of Corrections of Pennsylvania · filed 1973-02-23
The remaining allegations do not constitute a claim against Commissioner Sielaff for which relief may be granted. There is no allegation that he participated directly or indirectly in the circumstances constituting this claim.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by an individual defendant in the alleged deprivation of rights.
Ray Angelini, Inc. v. City of Philadelphia · filed 1997-11-24
Angelini has failed to establish that Defendants Rendell and Cohen had any involvement in the actions complained of in their complaint.Read the full opinion on CourtListener →
Section 1983 does not impose liability for direct physical participation in a constitutional violation when the defendant lacked awareness or notice of the facts making the conduct illegal.
Provost v. City of Newburgh · filed 2001-08-17
The potential for overinclusion results from the phrase’s failure to make clear that the direct physical participation of the defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant's personal involvement in violating the plaintiff's rights.
Harvey v. Judge · filed 2009-04-06
Further, Harvey failed to show that defendant Los Angeles County Public Defender Mike Judge was personally involved in violating his rights. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”)Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the conduct depriving a plaintiff of rights for an individual to be held liable.
Fleming v. Correctional Medical Services · filed 2009-04-08
First, there is no dispute that Short, Tritch, and Kesteloot did not have personal involvement in Fleming’s care and they are entitled to judgment. Cepero-Rivera v. Fagundo, 414 F.3d 124, 129 (1st Cir.2005) (“[Ojnly those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.”).Read the full opinion on CourtListener →
Section 1983 damages claims against state officials require individual capacity and personal involvement and do not permit official capacity or respondeat superior liability.
Shelton v. New York State Liquor Authority · filed 2009-04-09
“[A] section 1983 claim for damages against a state official can only be asserted against that official in his or her individual capacity”; section 1983 claims will not lie against state officials in their official capacity or under a respondeat superior theory (Al-Jundi v Estate of Rockefeller, 885 F2d 1060, 1065 [1989]). Instead, it was incumbent upon plaintiff to “allege particular facts indicating that [each of the individual defendants] was personally involved in the deprivation of the plaintiff’s constitutional rights; mere ‘bald assertions and conclusions of law’ do not suffice” (Davis v County of Nassau, 355 F Supp 2d 668, 677 [ED NY 2005], quoting Leeds v Meltz, 85 F3d 51, 53 [1996]).Read the full opinion on CourtListener →
Section 1983 requires a named defendant’s personal involvement in the alleged deprivation of rights.
Daniels v. Sheriff Keith Ferguson · filed 2009-04-13
Upon careful de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we reject Daniels’s arguments on appeal: ... (3) defendants’ unrebutted evidence shows that after the fall, they contacted a jail nurse and placed Daniels under observation pursuant to her instructions, and there is no evidence that any named defendant was involved thereafter in the alleged deprivation of food or medical care, see Martin v. Sargent, 780 F.3d 1334, 1338 (8th Cir. 1985).Read the full opinion on CourtListener →
Section 1983 liability for an individual defendant depends on that defendant’s own actions; evidence of other officers’ actions alone does not establish her responsibility.
Wesley v. McKnight · filed 2009-04-17
Although Wesley contends that the officers worked “collectively,” the sole defendant at trial was Knight, and evidence of other officers’ actions would not tend to make it more or less probable that Knight had, acting under the color of state law, deprived Wesley of his right to freely exercise his religion.Read the full opinion on CourtListener →
Section 1983’s personal-involvement requirement is sufficiently pleaded when the complaint alleges that each defendant knew of the challenged conditions and did nothing to address them.
White v. Monohan · filed 2009-04-17
White has alleged generally in his amended complaint that all the defendants (including Monohan) were aware of the conditions of White’s cell and did “nothing” to address the conditions except make them worse. The defendants are therefore on notice of White’s grievance of their alleged personal involvement, see Fed.R.Civ.P. 8.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s direct participation or an injury-causing policy to support liability for the alleged harm.
Reese v. Skinner · filed 2009-04-22
Reese did not allege that defendants Correctional Officer Parnagham, Renfro, Bauer, Irving, Warden Casal, Major Monroe, Angela Skinner, and Shirley directly participated in forcing him to work in violation of his medical restrictions or implemented policies that led to his injuries. Accordingly, Reese’s claims against those defendants were without arguable merit.Read the full opinion on CourtListener →
Section 1983 liability requires evidence that the defendant was personally involved in the alleged deprivation.
Boles v. Hill · filed 2009-04-27
Summary judgment was properly granted in favor of Superintendent Jean Hill because Boles failed to raise a genuine issue of material fact as to whether Hill was personally involved in his medical care.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege specific conduct by the defendant; naming the defendant only in the caption is insufficient.
Potter v. John W. Clark, Sheriff of the County of Vermilion, State of Illinois · filed 1974-05-16
Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement for monetary damages; respondeat superior alone does not suffice.
Wood v. Breier · filed 1975-03-12
“Where monetary damages, as distinguished from equitable relief, is sought under the provisions of the Civil Rights Act the doctrine of respondeat superior does not apply; personal involvement of the defendant is required.” ... These affidavits were sufficient to meet the defendants’ initial burden of establishing the absence of any “personal involvement.”Read the full opinion on CourtListener →
Section 1983 provides a civil action against a person who, under color of state law, deprives someone of federally protected rights.
Goodwin v. Charles Crockett, Individually and as Undersheriff of Fremont County, Colorado · filed 1992-03-25
As a matter of law, Charles Crockett, the undersheriff, is not liable for depriving plaintiff of his first amendment rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation.
Mansour v. Abrams · filed 1992-07-14
In the absence of such involvement, plaintiffs have no cause of action against Abrams under 42 USC § 1983 (see, Giacalone v Abrams, 850 F2d 79, 86, n 1; see also, Al-Jundi v Estate of Rockefeller, supra, at 1065-1067; see generally, Canton v Harris, 489 US 378, 385; Monell v New York City Dept. of Social Servs., 436 US 658, 694-695).Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each defendant’s personal involvement; inferred involvement alone is insufficient.
Price v. Kelly · filed 1994-03-24
Plaintiff must do more than make mere inferences to the involvement of a named defendant in a section 1983 claim, especially when that defendant is a government official. A complaint must specifically allege the involvement of each individual defendant, not rest on the “bare assumption that policy decisions made [elsewhere] might have affected [plaintiffs] treatment in [the detention facility].”Read the full opinion on CourtListener →
Section 1983 does not make officers liable for an unlawful confinement merely because they transported a person to an institution under a court order.
Dr. And Mrs. Wentworth S. Morris, and Mary Mauricia Morris v. Montgomery County, Tennessee · filed 1994-04-20
If her confinement was illegal, the sheriff and his deputies were not liable for it because they cannot be said to have "imprisoned" Ms. Morris merely by driving her to the Institute pursuant to court order.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each named defendant’s involvement in the alleged violation.
Green v. Garrott · filed 1976-08-09
Two of the defendants named in the style of this action, Donald Wyrick and Donald Camper, are not named or referred to by name in the allegations in the pleading, and therefore it is impossible to determine the extent, if any, of their participation in the alleged violations. Plaintiff neither states nor shows that these defendants caused the acts complained of to be done, that the actions were done at their direction, or that the acts were done with their knowledge and consent.Read the full opinion on CourtListener →
Section 1983 requires a personal connection between the official sued and the deprivation of rights.
Vinnedge v. G. W. Gibbs, Superintendent of Jails, Department of Corrections for the State of Virginia · filed 1977-01-06
Having failed to allege any personal connection between Gibbs and any denial of Vinnedge’s constitutional rights, the action against him must fail.Read the full opinion on CourtListener →
Section 1983 permits a properly pleaded claim that prison officials interfered with prescribed medical treatment, but liability requires proof of the defendant’s direct participation.
Twyman v. Richard A. Crisp, Phillip Kirk, Melvin D. Typer, James E. Sorrells, and Charles E. Stamper · filed 1978-09-06
It is true that a properly pleaded claim of interference by prison officials with prescribed medical treatment is cognizable under § 1983. ... Finally, Twyman has not established that appellee Tyler directly participated in the alleged contravention of medical orders.Read the full opinion on CourtListener →
Section 1983 does not require a supervisory official’s personal involvement when plaintiffs seek declaratory or injunctive relief against an allegedly unconstitutional state statute.
Project Release v. Prevost · filed 1978-12-29
While it is true that “[i]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” McKinnon v. Patterson, 568 F.2d 930, 934 (2 Cir. 1977), the rule is limited to cases in which damages are sought and is plainly inapplicable where, as here, plaintiffs seek declaratory and injunctive relief against the operation of allegedly unconstitutional State statutes.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff challenging officials’ discretionary acts to show that each official personally participated in depriving the plaintiff of a constitutional right.
Burns v. Sullivan · filed 1979-06-29
Where a city or state official’s judgment and discretion is involved in an action under Section 1983 the plaintiff must show that each official personally participated in depriving plaintiff of a constitutional right, ... and that the acts of each were purposefully discriminatory.Read the full opinion on CourtListener →
Section 1983 does not make an officer liable for a colleague’s unconstitutional acts during a group arrest without evidence of the officer’s own participation.
Mary Elizabeth Dean, Cross-Appellees v. Robert R. Gladney, Roel G. Saldivar and Leroy Maddox, Cross-Appellants · filed 1980-07-24
To hold Saldivar liable for Officer Maddox’ actions without any indication that he was involved in those actions would subject a police officer involved in a group arrest or confrontation to an intolerable burden — liability for any unconstitutional act committed by any one of his colleagues, regardless of his own lack of participation in those acts.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement for an award of damages; respondeat superior alone does not suffice.
Wade v. Carey · filed 1980-08-08
There is no specific allegation that the defendants were personally involved in, or personally responsible for, any of the incidents alleged to have violated plaintiff’s rights.Read the full opinion on CourtListener →
A § 1983 complaint alleges personal involvement when it claims each defendant participated in the challenged conduct, rather than relying solely on a defendant’s employment of others.
Brook v. Thornburgh · filed 1980-09-26
In this case, personal involvement on the part of all defendants has been alleged. The plaintiff does not claim any defendant is liable simply because that defendant employed persons responsible for the alleged unconstitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have directed, or known of and acquiesced in, the deprivation of the plaintiff’s constitutional rights.
Turiano v. Schnarrs · filed 1995-05-05
A prerequisite for a viable civil rights claim is that a defendant directed, or knew of and acquiesced in, the deprivation of a plaintiff’s constitutional rights. ... Plaintiff concedes, as described above, that Defendants Black and Smith were not personally involved in the alleged access to the courts violations at the requisite level; thus, they deserve summary judgment on these claims as well and will be dismissed from this action.Read the full opinion on CourtListener →
Section 1983 permits liability against an official only when the official was personally involved in the alleged deprivation of constitutional rights.
Dawes v. D.S.P. Carpenter · filed 1995-06-21
Officials may be hable under Section 1983 only if they were personally involved in the alleged deprivation of constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by a defendant for individual-capacity liability.
Marshall v. Switzer · filed 1995-10-04
Accordingly, the Court finds that plaintiff has failed to show that defendant Gloeckler was personally involved in the alleged wrongful conduct, and, therefore, he is entitled to summary judgment as to the claims against him in his individual capacity.Read the full opinion on CourtListener →
Section 1983 does not allow vicarious liability; a defendant must be personally involved in the alleged violation.
Hearn v. Morris · filed 1981-11-20
While there can be no vicarious liability for violations of 42 U.S.C. § 1983, ... defendants’ own exhibits affirmatively establish that they were personally involved in the conduct of which plaintiff complains.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show the defendant’s personal involvement in the deprivation of constitutional rights.
Franklin v. Israel · filed 1983-03-16
Plaintiff has been unable to establish that defendant was personally involved in a violation of his constitutional rights, and personal involvement is an indispensable element of his claim.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged constitutional violation or a causal connection between the defendant’s conduct and the violation.
Jacobs v. Scott · filed 2001-05-22
Moreover, there is no evidence that defendants were personally involved in these alleged constitutional violations or that there was a causal connection ... between their conduct and the alleged denial of medical treatment.Read the full opinion on CourtListener →
Section 1983 requires allegations showing that the defendants were personally involved in delaying medical treatment.
Jennings v. Dickerson · filed 2003-08-06
Moreover, Jennings’ allegations do not show that the defendants ... were personally involved in delaying Jennings’ requests for treatment.Read the full opinion on CourtListener →
Section 1983 requires a supervisory defendant’s personal involvement in the alleged constitutional deprivation.
Lloyd v. Lee · filed 2008-08-14
Here, Lloyd’s claims against Mayor Bloomberg must be dismissed, for Lloyd has not alleged that the Mayor was personally involved in any alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a claim that alleges no such involvement may be dismissed.
Wallace v. Conroy · filed 1996-11-12
Therefore, where a complaint is silent as to a defendant’s personal involvement, dismissal of the § 1983 claim as to that defendant is proper.Read the full opinion on CourtListener →
A § 1983 seizure claim cannot proceed against officers when there is no evidence that those officers seized the plaintiff.
Phillips v. Franco · filed 2009-05-07
However, Officer O’Donnell is no longer a party to this case, and Ms. Phillips has presented no evidence that the remaining defendants seized her. ... Specifically, the officers’ summary-judgment motion on the unlawful seizure claim (Doc. # 74) is GRANTED.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded against that defendant.
Walls v. Fischer · filed 2009-05-11
Plaintiffs claims against Fischer and Conway must also be dismissed for lack of personal involvement. It is well established that a defendant’s personal involvement in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.Read the full opinion on CourtListener →
A § 1983 claim against a named defendant requires facts connecting that defendant to the alleged deprivation.
Washington v. Borejon · filed 2009-05-11
Even if we consider the factual allegations in the initial complaint, there is no connection between those facts and Ms. LePage. Thus, this claim was also properly dismissed.Read the full opinion on CourtListener →
Section 1983 permits individual liability when defendants know of unconstitutional conditions, can alleviate them, and refuse to act.
Mitchell v. Shomig · filed 1997-03-20
These allegations are plainly enough to establish defendants’ personal responsibility for the conditions of Mitchell’s cell under Gentry.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to allege each defendant’s personal involvement in the constitutional deprivation; responsibility for a facility’s overall operation alone is insufficient.
Adams v. Galletta · filed 1997-05-26
Personal involvement for purposes of a § 1983 action means “direct participation, or failure to remedy the alleged wrong after learning of it, or creation of a policy or custom under which unconstitutional practices occurred, or gross negligence in managing subordinates.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to establish the defendant’s personal involvement in the alleged constitutional deprivation to hold that defendant liable.
ZULU v. Botta · filed 2009-05-14
In any claim under § 1983, the plaintiff must establish , the defendant’s personal involvement in the alleged constitutional deprivation in order to hold the defendant liable.Read the full opinion on CourtListener →
Section 1983 individual liability requires an official to participate in a rights violation, direct it, or know of and acquiesce in a subordinate’s violation.
Hill v. City of Philadelphia · filed 2009-05-14
As to individual liability under § 1983, we agree that appellees did not participate in violating appellant’s constitutional rights or direct others to violate, or know of and acquiesce in their subordinates violations of appellant’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the challenged conduct for liability.
DeWees v. Haste · filed 2009-05-18
Plaintiff has admittedly failed to come forward with evidence that Defendant Templeton played any part in the decision to eliminate Plaintiffs employment position, and the Court finds that Defendant Templeton is accordingly entitled to summary judgment on Plaintiffs First Amendment claims.Read the full opinion on CourtListener →
Section 1983 requires each government official’s alleged misconduct to be assessed individually because an official may be liable only for his or her own misconduct.
Brach v. City of Wausau · filed 2009-05-22
Because, under § 1983, a government official may be held liable only for his or her own misconduct, Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir.1995) (liability under 42 U.S.C. § 1983 requires defendant’s personal involvement in constitutional violation), their alleged misconduct must be considered individually.Read the full opinion on CourtListener →
Section 1983 requires personal participation in the alleged actions to support an individual capacity claim.
Bretches v. Kirkland · filed 2009-06-02
The individual capacity claim against Horel should be dismissed because the administrative actions taken are specifically alleged, and Horel did not personally participate in any of them.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant personally participated in the alleged retaliation.
Miller v. Conway · filed 2009-06-03
Miller argues that an officer retaliated against him for exercising his right to free speech, but he failed to allege facts that Conway, Ferguson, McKenzie, and Breitinger participated in the retaliation.Read the full opinion on CourtListener →
Section 1983 permits individual liability only when the defendant directly participated in the wrongful acts.
Davis v. D.C. Department of Corrections · filed 2009-06-11
An individual may be personally liable under Section 1983 only if it is shown that she directly participated in the wrongful acts.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison employee for confiscating and destroying materials when the employee had no authority to make those decisions.
Smith v. Matthews · filed 2009-06-17
Even if Smith's First Amendment rights were violated-and we do not mean to imply that they were-Matthews could not be liable for such a violation, because she had no authority to determine the materials were prohibited... Smith has failed to designate any evidence to the contrary.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that the defendant was personally involved in the constitutional violation.
5 Borough Pawn, LLC v. City of New York · filed 2009-06-22
To prevail on a claim under § 1983 for a violation of his constitutional rights, a plaintiff must establish that the defendant was personally involved in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 allows a person to sue state actors who, under color of state law, personally cause the deprivation of a federal right.
Starkey v. Boulder County Social Services · filed 2009-06-29
We are persuaded by Defendants’ alternative defense that if there was any interference with the Star-keys’ constitutional rights, Defendants did not cause it.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.
Jackson v. Johnson · filed 1998-11-24
A defendant personally must-have been involved in the allegedly unconstitutional action — here, the Tier III hearing— in order to be liable under Section 1983.Read the full opinion on CourtListener →
A § 1983 claim against individual officials alleging that they knew of and participated in a discriminatory policy can survive a motion to dismiss while their personal involvement is developed through further facts.
Farmer v. Ramsay · filed 1999-03-10
The complaint alleges a general policy of discriminating against non-minority students, even though it does not identify a published or acknowledged statement of such a policy, Farmer alleges that Ramsay, Foxwell, and Wilson knew of and participated in the discriminatory policy. ... Accordingly, the individual defendants’ Motion to Dismiss the § 1983 claim based on personal involvement must be denied.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s affirmative involvement in the alleged deprivation of rights; a mere failure to act is insufficient.
Cobb v. Rector & Visitors of the University of Virginia · filed 1999-07-07
Here the plaintiffs' complaint does not contain any allegations that the members of the Board of Visitors, University administrators, Casteen, or Harmon played any affirmative part in depriving the plaintiffs of any constitutional rights. ... Thus, the plaintiffs' claimed constitutional violations rest on a failure to act theory and there is no need to go outside the pleadings to determine that the aforementioned parties did not commit an affirmative act depriving the plaintiffs of any constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged violation.
O'Keeffe v. Rimmer · filed 2009-07-07
The district court properly granted summary judgment on O’Keeffe’s claims that defendants violated his due process rights in connection with the parole revocation hearings because O’Keeffe failed to raise a genuine issue of material fact as to whether any defendant was personally involved in the alleged due process violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for damages; respondeat superior and vicarious liability do not apply.
Clark v. Levesque · filed 2009-07-08
The doctrines of respondeat superior and vicarious liability are therefore inapplicable in Section 1983 actions.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between a defendant’s conduct and the deprivation of a federal right; a genuine dispute about the defendant’s involvement can preclude summary judgment.
Pagán-Cuebas v. Vera-Monroig · filed 2000-03-27
In order for a claim to be cognizable under § 1983, a plaintiff must plead and prove three elements: ... (3) that the defendant’s alleged conduct was causally connected to the plaintiffs deprivation. ... Thus, the Court holds that a genuine issue of fact exists as to his involvement in the adverse employment actions of which Plaintiffs complain.Read the full opinion on CourtListener →
Section 1983 does not impose liability for an unconstitutional search on an officer who remains outside interviewing a witness and does not participate in the search.
Hopkins v. Bonvicino · filed 2009-07-16
While the “integral participant” rule may extend liability beyond simply those officers who provide “armed backup,” it is clear that an officer who waits in the front yard interviewing a witness and does not participate in the unconstitutional search in any fashion cannot be held liable under Chuman.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Holmes v. Poskanzer · filed 2009-07-21
Here, the district court properly dismissed the Plaintiffs’ First Amendment claims. The Plaintiffs did not allege that any of the named defendants personally interfered with the student elections, claiming that only Corinna Caracci and the director of athletics, non-parties, intervened and thus, there was no personal involvement of any of the defendants to interfere with the elections.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement in the alleged constitutional deprivation to state a claim against that defendant.
Colon v. ZYDELL · filed 2009-07-22
I agree with defendants that plaintiff has not sufficiently alleged the personal involvement of any defendants other than Zydell and Kirkpatrick to state a § 1983 claim against the defendants.Read the full opinion on CourtListener →
Section 1983 requires evidence that a state official’s own action or legally required omission caused a deprivation of rights before the official can be held liable.
Winn v. Ely · filed 2009-07-27
The district court properly granted summary judgment in favor of defendant Superintendent' Blacketter because Winn failed to present any evidence supporting his claim that she violated his constitutional rights. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir.1988) (holding that state official is liable under § 1983 only “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 a constitutional right) (emphasis in original).Read the full opinion on CourtListener →
A § 1983 claim against an individual requires a tangible connection between the defendant and the alleged unlawful conduct.
Dallio v. Hebert · filed 2009-07-28
In order to prevail on a cause of action under 42 U.S.C. § 1983 against an individual, a plaintiff must show some tangible connection between the alleged unlawful conduct and the defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of a plaintiff’s constitutional rights.
Maye v. Vargas · filed 2009-07-29
A defendant cannot be held liable under section 1983 unless that defendant was personally involved in the deprivation of the plaintiffs constitutional rights. ... Because the aforementioned defendants could not possibly have been personally involved in any deprivation of Maye’s constitutional rights, and because there are no material facts in dispute on the matter of these four defendants, summary judgment is granted for defendants Vargas, Rosado, Garcia, and Jersey.Read the full opinion on CourtListener →
Section 1983 requires facts showing a supervisor’s personal involvement in the alleged misconduct.
Bangura v. City of Philadelphia · filed 2009-07-29
In order to state a claim against Commissioner Johnson under § 1983, Bangura was required to allege facts demonstrating that the Commissioner had personal involvement in the allegedly deficient training.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s direct involvement in causing damages.
Newton v. City of New York · filed 2009-07-31
Any form of liability under section 1983 requires the defendant’s direct involvement to have caused damages.Read the full opinion on CourtListener →
Section 1983 requires facts showing that a defendant personally participated in the alleged constitutional violation.
Jenner v. Zavaras · filed 2009-07-31
As the district court explained, Mr. Jenner and Mr. Backus’s challenge to their classification as associates of the PMB fails because they have not alleged facts suggesting that the defendants participated in their classifications, or in any of the adverse consequences that followed or may follow from those classifications.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Swanigan v. Trotter · filed 2009-08-04
Because § 1983 requires personal involvement as a prerequisite to personal liability, all officers except for Trotter, Muehlfelder, Lynch, Mullane, Reyes and Poremba are entitled to summary judgment with respect to Count IV of Swanigan’s Third Amended Complaint.Read the full opinion on CourtListener →
Section 1983 requires facts connecting each defendant’s conduct to the alleged deprivation; a defendant’s position alone does not establish personal involvement.
Ocasio-Hernandez v. Fortuno-Burset · filed 2009-08-04
However, there are no additional factual allegations, such as interactions between the defendants and particular plaintiffs, to tie Fortuño, Vela, and Blanco to the deprivation of the plaintiffs’ constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in unconstitutional conduct for liability.
Hamilton v. LAJOIE · filed 2009-08-04
Finally, there is the matter of each Defendant’s personal involvement, which is a prerequisite to liability under § 1983 for unconstitutional conduct. ... With the claims in counts three and four now dismissed, however, there are no specific allegations directed at Faucher, Verdone, or Iozzia. These Defendants are thus dismissed from this case.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the use of excessive force for individual liability.
Alhovsky v. Ryan · filed 2009-08-07
Plaintiff really does not have an answer to the argument that the excessive force claim should be dismissed as against the officers who were not personally involved in the application of force or present when it was happening. Their motion is granted.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from an individual defendant to show that defendant’s personal involvement in the alleged constitutional deprivation.
Brown v. Artus · filed 2009-08-11
Personal involvement of a named defendant in any alleged constitutional deprivation is a prerequisite to an award of damages against that individual under section 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation.
Marshall v. Buckley · filed 2009-08-13
Thus, Plaintiff must plead personal involvement of each Defendant to properly state a claim under Section 1983.Read the full opinion on CourtListener →
Section 1983 claims against individual officials may proceed when the alleged facts, if proven, could establish their personal involvement in constitutional violations.
White v. Williams · filed 2002-01-09
However, for liability to attach to an individual defendant he or she must have been personally involved with the alleged constitutional violations. ... Plaintiffs have therefore alleged a set of facts which could form the basis of a claim under Section 1983, and, therefore, Paga-no’s and Verniero’s motions for dismissal of Count one are denied.Read the full opinion on CourtListener →
Section 1983 requires the defendant to have been personally involved in the deprivation or to have caused it through wrongful actions.
Buckenberger v. Reed · filed 2009-08-18
To succeed on a § 1983 claim, Buckenberger must also show “that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.” ... Based on the record and briefs before us, we cannot conclude as a matter of law that Jarrell’s failure to provide an affidavit to the magistrate was not causally connected to the deprivation.Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendant foreseeably caused or participated in the unconstitutional action.
Fontanez v. Cornier · filed 2009-08-20
To prevail on his claim, Fontanez had to produce evidence that could convince a reasonable jury that Cornier forseeably caused or participated in an unconstitutional action—in this case, his arrest.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the constitutional deprivation; supervisory status alone does not establish liability.
Andrews v. Burge · filed 2009-08-25
Section 1983 claims require personal involvement in the prosecution.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Gay v. Chandra · filed 2009-08-28
Section 1983 does not impose liability on individuals who neither knew of a potential risk or were not “involved in the alleged deprivation” of Plaintiffs constitutional rights. ... Lacking any evidence that could support a finding of Dr. Chandra’s personal involvement in the condition of Gay’s bed, the Court must grant summary judgment in favor of Dr. Chandra as to this particular aspect of Gay’s conditions of confinement claim.Read the full opinion on CourtListener →
Section 1983 permits a property deprivation claim against officials alleged to have disposed of the property, approved its disposal, or refused to stop it.
Arisman v. Woodford · filed 2009-08-31
However, Arismaris claims against Walker, Muñoz, Woodford, and Grannis were sufficient to proceed beyond dismissal under section 1915A. Arisman alleged that Walker, as property officer, notified Arisman that he would dispose of the property at issue if Arisman did not do so himself, and did later dispose of the property. He further alleged that Muñoz, Walker’s supervisor, denied his grievances and approved of the property disposal, and that Woodford, then warden, and Grannis, chief of inmate appeals, denied and ignored his grievances and thus refused to stop the property disposal. Liberally construed, these allegations are sufficient to state a claim for intentional deprivation of property without due process of law.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show a defendant's personal involvement or final policymaking authority in the alleged constitutional violation.
Hicks v. Tarrant County Sheriff's Department · filed 2009-09-01
Further, Hicks failed to allege that Commissioners Bagsby, Ravenswaay, Whitley, and Johnson were personally involved in the alleged constitutional violations, and, aside from conclusional allegations, he failed to allege or show that the Commissioners had final policymaking authority over the training of deputies and custodial officers or that they were final policymakers responsible for enacting policies ensuring the safety of pretrial detainees held in the TCJ. Therefore, the district court did not err when it dismissed Hicks’s claims against the Commissioners in their individual capacities. See Thompkins v. Belt, 828 F.2d 298, 303-04 (5th Cir. 1987).Read the full opinion on CourtListener →
Section 1983 requires an officer to affirmatively act personally in depriving a plaintiff of constitutional rights before liability attaches.
Ware v. James City County, Virginia · filed 2009-09-04
These three officers did not have the opportunity to assess the evidence, did not have the opportunity to determine whether probable cause existed, and did not make the decision to arrest Ware. Miller, Sten, and McMichael, as assisting officers, merely supported James, the lead officer, and provided for his safety during the arrest. Therefore, they did not affirmatively act in the alleged deprivation of Ware’s rights and are not liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a causal link to and direct responsibility for the deprivation of rights.
Kent v. Iowa · filed 2009-09-10
Plaintiffs’ § 1983 claims also fails against White and Scott Miller because Plaintiffs have not demonstrated that either White or Scott Miller was directly responsible for any alleged deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant was personally involved in the alleged constitutional deprivation to recover damages from that defendant.
Key v. Toussaint · filed 2009-09-20
But this vague threat, when considered in combination with the other speculative evidence as to the true cause of the loss of Key’s property, is insufficient to show that Moscoso and Toussaint were personally involved in destroying or losing Key’s property.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to be personally involved in the alleged constitutional deprivation to be liable.
Coward v. TOWN AND VILLAGE OF HARRISON · filed 2009-09-30
All other Individual Defendants are entitled to summary judgment as to Plaintiffs Section 1983 equal protection claims on grounds that there is no evidence that they were personally involved in any potentially racially discriminatory action against Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the constitutional violation.
Casciani v. Nesbitt · filed 2009-10-06
Plaintiffs selective-enforcement claim against Nesbitt also fails for lack of evidence of Nesbitt’s personal involvement in any enforcement actions. To make out a valid § 1983 claim against an individual defendant, a plaintiff must allege the defendant’s personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires integral participation or personal involvement to hold an officer liable; mere presence is insufficient.
Bryan v. Las Vegas Metropolitan Police Department · filed 2009-10-07
Officers who are merely present at the time of an unlawful search cannot be held liable under § 1983 without evidence of “either integral participation or personal involvement.”Read the full opinion on CourtListener →
Section 1983 imposes individual liability on an officer only when the officer’s own actions cause a deprivation of a constitutional right.
Conner v. Southfield Police Department · filed 2009-10-08
Section 1983 only provides a cause of action where the officer “subjects, or causes to be subjected,” an individual to the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983’s personal involvement requirement is sufficiently pleaded when a complaint alleges that a supervisor allowed harassment or learned of ongoing violations and failed to remedy them.
Willey v. Kirkpatrick · filed 2009-10-13
Such allegations are sufficient to allege Jeziorski’s and Kirkpatrick’s personal involvement at the pleading stage.Read the full opinion on CourtListener →
Affirming the denial of a prisoner’s grievance does not, by itself, establish a supervisor’s personal involvement under Section 1983.
Jones v. Harris · filed 2009-10-13
As to claims against the Superintendent in his individual capacity, it is well settled that “affirming the administrative denial of a prison inmate’s grievance by a high-level official is insufficient to establish personal involvement under section 1983.” Manley v. Mazzuca, No. 01 Civ. 5178, 2007 WL 162476, at *10, 2007 U.S. Dist. LEXIS 4379, at *33 (S.D.N.Y. Jan. 11, 2007). Therefore, no claim would lie against Marshall for his role in the grievance appeals process.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an individual defendant’s own conduct to the alleged deprivation of federal rights.
Del Valle v. Rico · filed 2009-10-14
Hence, plaintiff having failed to proffer evidence regarding codefendant’s personal involvement in either of the two subsisting allegedly retaliatory events, he cannot premise his § 1983 cause of action against ANGEL RIVERA on retaliation.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant was personally responsible for or controlled the challenged employment decisions.
Trujillo v. Huerfano County Board of County Commissioners · filed 2009-10-19
As discussed above, there is no evidence in the record to support an inference that Cain is individually responsible for any employment action, or that he controlled the Board. Likewise, there is no evidence that Cain instructed or controlled any of Brunelli’s personnel decisions. Therefore, plaintiffs’ claims against Cain in his individual capacity fail as a matter of law, and thus, it is unnecessary to determine whether he is entitled to qualified immunity.Read the full opinion on CourtListener →
A § 1983 complaint must plead that each government official defendant violated the Constitution through that defendant’s own actions.
Williams v. Sirmon · filed 2009-10-23
In addition, he fails to “plead that each Government-official defendant, through [his] own individual actions, has violated the Constitution,” which is a requirement under Iqbal.Read the full opinion on CourtListener →
A § 1983 claim against an officer fails without evidence of the officer’s personal involvement in the alleged violation.
Parker v. Evans · filed 2009-11-04
Parker cites no evidence that Williams was involved in or ordered the search of his cell that allegedly led to the confiscation of his complaint. Without evidence of personal involvement, any claim against Williams is baseless.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional violation; denying a grievance alone does not establish that involvement without a connection to the violation.
Gallagher v. Shelton · filed 2009-11-24
We agree with the reasoning in our previous unpublished decisions that a denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by plaintiff, does not establish personal participation under § 1983.Read the full opinion on CourtListener →
A supervisor’s failure to remedy reported confinement conditions may establish personal involvement under § 1983.
Dickens v. Taylor · filed 2009-11-24
A failure to remedy problems could be viewed as personal involvement with the situation when the evidence is viewed in the light most favorable to Plaintiff. Because of this limited evidence, summary judgment is inappropriate.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged retaliatory acts, even when the claim involves a campaign of harassment.
Smith v. Central Dauphin School District · filed 2009-12-11
Further, contrary to Smith’s assertions, a plaintiff must still show each defendant’s personal involvement in the retaliatory acts in cases involving a campaign of harassment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant’s conduct to a violation of federal rights.
Linwood Tracy, Jr. v. Clark · filed 2009-12-14
The district court properly dismissed Tracy’s action because he failed to allege how any of the defendants’ actions in attempting to restrain him from the unauthorized practice of law led to a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional deprivation.
Abascal v. Jarkos · filed 2009-12-21
Whether pursued as Eighth Amendment challenges to the conditions of his confinement, Fourteenth Amendment due process claims, or First Amendment claims for retaliation, these claims were properly dismissed because Abascal failed to plead facts showing Hilton’s personal involvement in the complained-of transfer or strip-cell placement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to show that each defendant was personally responsible for the deprivation of a constitutional right.
Knight v. Wiseman · filed 2009-12-22
Since a § 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.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to show that the defendant was personally responsible for depriving them of a constitutional right.
Rick Knight v. Wiedau · filed 2009-12-22
Since a § 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.” Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir. 2006) (citing Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995)).Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant personally participated in, directed, or failed to act to prevent an alleged deprivation of constitutional rights.
Anderson v. Vare · filed 2009-12-22
We also affirm summary judgment on all claims asserted against Defendants Skolnick, Cox, and Gibbons because there is no evidence that they personally participated in, directed, or failed to act to prevent the alleged deprivations of Anderson’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires allegations that the named defendants were involved in the wrongdoing.
Hudgson v. Hubbard · filed 2009-12-23
No construction of Hudson’s allegations or his complaint yield a cognizable claim under Section 1983. His complaint fails to allege involvement in wrongdoing by the named defendants, precluding a potential claim for false arrest or imprisonment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; liability cannot rest on respondeat superior.
Oliver v. Beard · filed 2009-12-23
First, we conclude that the District Court properly dismissed the claims against defendants Beard, Tennis, Jedrejedzedek, Winkleman, and Sowash, as well as the claims against the John Doe and Jane Doe defendants, in Oliver’s first complaint. As the District Court and Magistrate Judge explained, Oliver did not allege that any of these defendants were personally involved in the alleged misconduct, as he must in order to hold them liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts showing that each defendant was personally involved in a deprivation of the plaintiff’s constitutional rights.
Mitchell v. Carder · filed 2009-12-29
The district court properly dismissed the First Amended Complaint because Mitchell failed to allege facts demonstrating that defendants were personally involved in any deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead specific facts connecting a defendant to the alleged constitutional violation.
Smith v. Livingston · filed 2009-12-30
Because Smith’s petition does not specify any legal basis for his claim, but essentially alleges a violation of his civil rights, we will treat his claim as a section 1983 cause of action. ... The plaintiff must plead specific facts establishing the defendant’s participation in the alleged violation. ... Smith failed to plead any facts establishing Livingston’s personal involvement or participation in the alleged violation of his plea agreement.Read the full opinion on CourtListener →
Section 1983 claims against officials concerning an ordinance’s enactment fail when those officials were not responsible for enacting it.
Benham v. City of Charlotte · filed 2010-01-08
Defendants Westbrook and Parker were not responsible for the enactment of either provision; therefore, claims against them relating to the facial challenge must be dismissed.Read the full opinion on CourtListener →
A state official is liable under § 1983 only if his actions cause the deprivation of a constitutional right.
Maddox v. California Department of Corrections & Rehabilitation · filed 2010-01-11
The district court properly granted summary judgment on the claims against defendant Lewis because Maddox failed to present any evidence supporting his claim that Lewis violated his constitutional rights. See Leer v. Murphy, 844 F.2d 628, 622-33 (9th Cir. 1988) (explaining that a state official is liable under § 1983 only if his actions cause the deprivation of a constitutional right).Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official who was not personally involved in the challenged decision.
Boles v. Dansdill · filed 2010-01-12
As Mr. Walsh is not a member of the CDOC’s Non-Formulary Committee, he was not personally involved in this decision and cannot be held liable for it.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in or direct responsibility for the alleged violation.
C.J. Stewart v. Baker · filed 2010-01-12
As to all other defendants, Stewart did not allege that defendants were personally involved in or had direct responsibility for the alleged deliberate indifference.Read the full opinion on CourtListener →
Section 1983 requires sufficient personal involvement in an alleged violation to hold a defendant liable.
Johnson v. Barney · filed 2010-01-12
Second, Johnson’s claims against Tracy failed as a matter of law because Johnson failed to allege sufficient personal involvement on Tracy’s part to make him liable under § 1983.Read the full opinion on CourtListener →
A § 1983 claim against a defendant cannot survive summary judgment on a theory of integral participation without record evidence supporting that participation.
Southern Waste Systems, LLC v. City of Coral Springs · filed 2010-01-22
I conclude that Plaintiffs’ arguments that the District is not entitled to summary judgment if the District “integrally participated” in the acts causing the alleged violations under § 1983 patently lacks factual basis in the record presented on summary judgement and does not create a material issue of fact.Read the full opinion on CourtListener →
Section 1983 requires a named defendant’s personal involvement in the constitutional violation, even when the plaintiff seeks nominal damages.
Tate v. Troutman · filed 2010-01-27
However, the availability of nominal damages does not dispense with the underlying requirement that the named defendants be personally involved in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 imposes personal liability, so each defendant’s own conduct must be independently assessed.
Heartland Academy Community Church v. Waddle · filed 2010-02-08
“Liability for damages for a federal constitutional tort is personal, so each defendant’s conduct must be independently assessed.” ... Section 1983 does not sanction tort by association.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation for an award of damages.
Mateo v. Fischer · filed 2010-02-08
A defendant’s personal involvement in a constitutional violation is a “prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional violation.
Russell v. County of Nassau · filed 2010-02-18
A defendant in a § 1983 action may not be held liable unless there is a showing of personal involvement, ie., direct participation or failure to remedy the alleged wrong after learning of it or creation of a policy or custom under which unconstitutional practices occurred. Id. On this basis the claims against Kampe and Goldfarb must fail.Read the full opinion on CourtListener →
Section 1983 does not impose damages liability on officials for staff actions based solely on their official positions.
OSU STUDENTS ALLIANCE v. Ray · filed 2010-02-22
Again, the individual defendants were not involved in the bin removal process. There are no facts tying individual defendants to any alleged lack of notice. Any claim for damages holding the defendants liable for the actions of Facilities Services staff by virtue of their official positions would effectively be barred by the Eleventh Amendment and 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of rights.
Hartman v. Correctional Medical Services · filed 2010-02-24
We agree with the District Court’s conclusion that Hartman’s failure to allege personal involvement on the part of these defendants is fatal to the claims against them.Read the full opinion on CourtListener →
Section 1983 requires proof of deliberate indifference when a defendant did not overtly participate in the events giving rise to a constitutional claim.
McCray v. Peachey · filed 2010-02-26
Absent overt participation in the events giving rise to a constitutional claim, McCray must demonstrate defendants acted with deliberate indifference.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that the defendant personally participated in the constitutional deprivation.
Benjamin v. ILLINOIS DEPT. OF FINAN. & PROF. REG. · filed 2010-03-01
To bring a § 1983 claim against Harris in his individual capacity, plaintiff must allege some personal participation by Harris in the alleged deprivation of his constitutional rights. ... Viewing the allegations in the light most favorable to plaintiff, Thompson v. Ill. Dep't of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir.2002), plaintiff has provided sufficient allegations to show that Harris was personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an official individually to allege the official’s personal participation in the constitutional deprivation; allegations that the official knew of and consented to the conduct can suffice.
Benjamin v. Illinois Department of Financial & Professional Regulation · filed 2010-03-01
To bring a § 1983 claim against Harris in his individual capacity, plaintiff must allege some personal participation by Harris in the alleged deprivation of his constitutional rights. ... Viewing the allegations in the light most favorable to plaintiff, Thompson v. Ill. Dep’t of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir.2002), plaintiff has provided sufficient allegations to show that Harris was personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged violation.
Felton v. Ericksen · filed 2010-03-04
And because liability under § 1983 requires a showing of personal involvement, see Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009) (citing Rascon v. Hardiman, 803 F.2d 269, 273 (7th Cir. 1986)); Chavez v. Ill. State Police, 251 F.3d 612, 652 (7th Cir. 2001), the absence of any evidence linking these two defendants to the seizure is enough to resolve the First Amendment claim as against them.Read the full opinion on CourtListener →
Section 1983 permits individual liability when a defendant was personally involved in depriving the plaintiff of constitutional rights.
Lujano v. Town of Cicero · filed 2010-03-05
An defendant may be held individually liable under § 1983 where the plaintiff can establish that the defendant was (1) personally involved in (2) the deprivation of (3) her constitutional rights.Read the full opinion on CourtListener →
To recover under § 1983 from an official personally, a plaintiff must show that the official was personally involved in or causally connected to the constitutional violation.
Pechon v. Louisiana Department of Health & Hospitals · filed 2010-03-08
No doubt, but to recover under § 1983 Pechon has to prove that Levine was either “personally involved in the constitutional violation” or “causally connected to the constitutional violation alleged.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Perrey v. Donahue · filed 2010-03-09
Thus, the State Defendants lack personal involvement in the alleged constitutional violation of which Perrey complains, and cannot be held liable under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires an official’s act, participation in another’s act, or legally required omission to cause the alleged deprivation.
Pate v. Sacramento County Sheriff Depu · filed 2010-03-09
The district court properly granted summary judgment because the uncontroverted evidence showed that Garcia had no control over Pate’s placement in the housing unit in which Pate was attacked, nor was there evidence that Garcia knew of the risk to Pate’s safety before the attack. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety . . . .”); Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (providing that an official can be liable under § 1983 only “‘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’” at hand (citation omitted)).Read the full opinion on CourtListener →
Section 1983 does not impose liability on an individual officer for alleged excessive force when the plaintiff cannot identify which officer used it.
McNeil v. City of Easton · filed 2010-03-10
Where the plaintiff fails to identify which defendant officer is responsible for the alleged excessive force, there is no evidentiary basis on which to hold any of the defendants liable.Read the full opinion on CourtListener →
A plaintiff bringing a § 1983 discrimination claim must show that the individual defendants personally participated in or ratified the discrimination.
Alexander v. Ohio State University College of Social Work · filed 2010-03-12
To succeed under a § 1983 claim, Plaintiff must demonstrate that the individual Defendants personally participated in, or ratified, the discrimination.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant personally participated in or caused the alleged constitutional violation.
Marshall v. Buckley · filed 2010-03-19
Moreover, when bringing a claim under Section 1983, the plaintiff “must prove that the defendant personally participated in or caused the unconstitutional actions.” ... Plaintiff has not put forth evidence to show that the Defendant Officers were personally involved in the suppression of the May 31, 2005 photographs during Plaintiffs criminal trial.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the conduct underlying a constitutional claim; officers uninvolved in the post-arrest conduct leading to a prosecution are not liable for malicious prosecution.
Brandon v. City of New York · filed 2010-03-30
Here, because neither Klausner nor Stambuk was involved in any of the post-arrest conduct that led to Brandon’s prosecution (ie., drafting the arrest paperwork, swearing to the criminal complaint, or testifying before the grand jury), each lacks the requisite personal involvement to be liable pursuant to § 1983 and is thus entitled to qualified immunity.Read the full opinion on CourtListener →
Notes 72601–72750 of 89,157, oldest cases first.
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