42 U.S.C. § 1983

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

Hunter v. Welchert · filed 2010-03-30

The district court properly granted summary judgment on Hunter’s Eighth Amendment and due process claims concerning his placement and treatment while in the locked observation unit because Hunter did not make a material showing that any defendant directed, participated in, or had knowledge of his alleged mistreatment.

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

Kornegay v. Doe · filed 2010-03-30

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

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

Hamilton v. Foti · filed 2010-03-30

Hamilton also alleged a Section 1983 claim against Foti in his individual capacity. The district court dismissed this claim because Hamilton failed to allege that Foti was personally involved in the alleged violation of his civil rights. It is unclear whether Hamilton challenges this conclusion on appeal. However, Hamilton’s allegations are that Gegenheimer, not Foti, was the one who made the breach of contract lawsuit subject to the PLRA. He has not alleged that Foti was personally involved. The personal involvement by a defendant “is an essential element of a civil rights cause of action.” Thompson v. Steele, 709 F.2d 381, 382 (5th Cir. 1983).

Section 1983 requires each defendant’s liability to be assessed individually based on that defendant’s own actions.

Kijowski v. City of Niles · filed 2010-04-08

Because “[e]ach defendant’s liability must be assessed individually, based on his or her own actions[,]” Dorsey v. Barber, 517 F.3d 389, 399 n.4 (6th Cir. 2008), we confine our analysis to the actions Officer Aurilio is claimed to have taken.

Section 1983 requires a complaint alleging deliberate indifference to identify a specific defendant who engaged in that conduct.

Chase v. The Prior and Present DOC Commissioners · filed 2010-04-09

We note Chase failed to indicate in his complaint that any specific Defendant acted with deliberate indifference to his serious needs.

A § 1983 complaint alleging deliberate indifference must identify a specific defendant who acted with deliberate indifference to the plaintiff’s serious needs.

Chase v. Prior & Present Doc Commissioners of Corrections · filed 2010-04-09

We note Chase failed to indicate in his complaint that any specific Defendant acted with deliberate indifference to his serious needs.

Section 1983 can impose liability on a forensic analyst whose recklessly false information causes an arrest and prosecution, even if the analyst did not initiate the charges.

Kerns v. Board of Com'rs of Bernalillo County · filed 2010-04-12

The Court finds, therefore, that Haag was on sufficient notice that providing recklessly false information, upon which others relied to arrest and prosecute J. Kerns, could subject him to § 1983 liability.

A § 1983 claim requires an affirmative link between the alleged constitutional deprivation and the defendant’s personal participation.

Barrett v. Orman · filed 2010-04-15

Because the allegations against Mr. Williams do not show an affirmative link between the constitutional deprivation and his personal participation, Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009), Mr. Barrett failed to state a claim on which relief could be granted against Mr. Williams.

Section 1983 requires a plaintiff to allege how an official deprived the plaintiff of a protected right through affirmative conduct or a failure to act.

Wilson v. Zafra · filed 2010-04-20

The district court also properly dismissed Wilson’s remaining claims because they are vague and conclusory and because Wilson failed to allege how any official deprived him of his constitutional or other protected rights by affirmative conduct or through failure to act, as required under Section 1983.

Section 1983 requires evidence identifying an official responsible for the alleged retaliatory act.

Scales v. Davis · filed 2010-05-03

Furthermore, since Scales has produced no evidence identifying any official responsible for his transfer, his retaliation claim fails as a matter of law.

Section 1983 requires a public official’s personal involvement in the violation; the official cannot be held liable solely for a subordinate’s actions.

Elkins v. District of Columbia · filed 2010-05-03

Public officials are not vicariously liable for the actions of their subordinates; respondeat superior liability does not apply in civil rights cases under 42 U.S.C. § 1983.

Section 1983 claims against defendants are subject to dismissal when the complaint does not allege wrongful conduct by them.

Musgrove v. Harrison County · filed 2010-05-03

The plaintiff also does not specifically allege any wrongful conduct by Harrison County, its circuit clerk or the court reporter involved in Musgrove’s criminal case, and the claims against them are therefore subject to dismissal for failure to state a claim upon which relief may be granted.

An individual is liable under § 1983 only if personally involved in the alleged constitutional deprivation.

Carthew v. County of Suffolk · filed 2010-05-06

For an individual to be liable under § 1983, the individual must have been personally involved in the alleged constitutional deprivation.

Section 1983 requires evidence that the defendants were personally involved in the alleged retaliation; suspicious timing alone is insufficient.

Hung Nam Tran v. Kriz · filed 2010-05-06

To withstand summary judgment, the appellant needed to present some evidence beyond suspicious timing to show that the defendants were personally involved in the purported retaliation.

A § 1983 claim against an individual defendant requires facts showing that defendant’s personal involvement in the alleged deprivation.

Fortune v. Hamberger · filed 2010-05-07

Because Fortune did not demonstrate any facts, if proven true, that would show that Defendants Patterson and Scott were involved in the deduction of funds from his account, his claims against them cannot be sustained under § 1983.

Section 1983 requires a plaintiff to establish that each defendant was personally involved in the alleged constitutional violation.

Radunz v. Muhlhausen · filed 2010-05-13

A plaintiff cannot recover under § 1983 without establishing that the defendants were personally involved in the alleged constitutional violation, see Knight v. Wiseman, 590 F.3d 458, 462-63 (7th Cir.2009); Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir.2006), and thus the district court correctly concluded that he failed to state a due-process violation.

Section 1983 individual-capacity liability requires evidence of the defendant’s personal involvement in the alleged violation.

Braga v. Hodgson · filed 2010-05-14

Second, the district court also properly granted summary judgment as to Braga's Section 1983 claim against the Sheriff in his individual and official capacities. As to Braga's individual capacity claim, the summary judgment record showed absolutely no evidence of the Sheriff's personal involvement with or knowledge of Braga's medical care.

Section 1983 imposes liability only on a defendant who personally participated in or directed a violation.

James v. Rowlands · filed 2010-05-26

Of course, § 1983 imposes liability on a defendant only if he or she personally participated in or directed a violation.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the constitutional deprivation; supervisory status alone does not establish liability.

Silvera v. Connecticut Department of Corrections · filed 2010-05-27

This causation requirement is not an empty formality; rather, to state a valid cause of action under § 1983, a plaintiff must allege that each named defendant had personal participation in the alleged constitutional deprivation.

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

Kirby v. Ezell · filed 2010-06-03

Further, because Kirby has failed to create a genuine issue of material fact as to Horton’s personal involvement in any alleged denial of Kirby’s access to the courts, the district court correctly concluded that Horton is entitled to summary judgment on this claim.

Section 1983 requires a plaintiff to show an affirmative causal connection between a government actor’s acts or omissions and the alleged constitutional violation, which may be shown by personal involvement.

Brown v. City of Huntsville, Ala. · filed 2010-06-07

To establish § 1983 liability, a plaintiff must show “proof of an affirmative causal connection” between a government actor’s acts or omissions and the alleged constitutional violation, which “may be established by proving that the official was personally involved in the acts that resulted in the constitutional deprivation.”

Section 1983 requires an affirmative causal connection between an officer’s conduct and the alleged constitutional violation; mere presence at an arrest does not establish liability.

Brown v. City of Huntsville, AL · filed 2010-06-07

Merely being present with the arresting officers at the scene is not enough, unless the plaintiff can show that the defendant officer was part of the chain of command authorizing the arrest action.

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

Larsen v. Fort Wayne Police Department · filed 2010-06-11

Furthermore, though Damerell admits that at a certain point he decided Larsen should leave the building, Larsen has not pointed to any evidence that Damerell asked or encouraged the Officers to use force or to arrest him. Thus, any Fourth Amendment claim against Damerell fails at the outset. See Whitford v. Boglino, 63 F.3d 527, 530-31 (7th Cir.1995) (explaining that to state a claim under § 1983, plaintiff must show that defendants were “personally involved” in the deprivation of his constitutional rights).

Section 1983 requires a defendant’s involvement in the particular deprivation alleged; participation in an arrest alone does not establish liability for a later denial of medical care.

SCONDRAS v. City of Lawrence · filed 2010-06-14

Certainly, plaintiff has properly alleged that Shaffer acted under the color of state law and that Michael acted at Shaffer’s direction in tempting Seondras to come to Lawrence and then in participating in the arrest and alleged violence. ... Plaintiffs amended complaint makes no specific allegations that once he was arrested, Michael 1) continued to act under Shaffer’s direction, 2) played any role in Scondras’s care (or lack thereof) or 3) had any obligation to do so.

Section 1983 requires a defendant to be personally responsible for the constitutional violation.

Tate v. Riegert · filed 2010-06-17

Tate had to show that the defendants were personally responsible for the constitutional violation, meaning that they facilitated, approved, condoned, or ignored the violation.

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

Armstrong v. Keating · filed 2010-06-22

The district court properly granted summary judgment for defendant because Armstrong failed to raise a triable issue as to whether the funds in his account were exempt from withdrawal for restitution or whether defendant was personally involved in withdrawing the funds.

Section 1983 permits liability for a state actor who causes a deprivation of constitutional rights, even if the actor did not create the restriction being enforced.

Liberty and Prosperity 1776, Inc. v. Corzine · filed 2010-06-24

Section 1983 provides for liability for every person who “subjects, or causes to be subjected,” a citizen to the deprivation of constitutional rights. 42 U.S.C. § 1983. ... This is sufficient to raise a plausible claim that Mr. Landgraf caused Plaintiffs to be subjected to restrictions on their speech.

Section 1983 permits liability only when the defendant personally causes or participates in the alleged deprivation of rights.

Brooks v. Austin · filed 2010-06-30

A defendant can be liable for a civil rights violation under § 1983 only if he or she “subjects, or causes to be subjected,” the plaintiff to the deprivation of rights alleged. ... We further find that Plaintiff has not plead sufficient facts to show that C.O. Weaver deprived him of any constitutional rights.

Section 1983 requires facts showing an individual defendant’s personal involvement in the alleged harm.

Morgan v. County of Nassau · filed 2010-07-01

First, with respect to Mulvey and Pandolfo, the Court notes that, to sustain a Section 1983 claim against a person in his or her individual capacity, a plaintiff must allege facts showing the individual’s personal involvement in causing the harm alleged.

Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of constitutional rights; allegations that officials delivered unlawful ultimatums are sufficient at the pleading stage.

Soundview Associates v. Town of Riverhead · filed 2010-07-14

Thus, plaintiffs complaint alleges that these defendants were personally involved in the deprivation of plaintiffs constitutional rights and delivered the unlawful ultimatums to plaintiff. Accordingly, the motion by defendants Ehlers and Thomas to dismiss the claims against them on this ground is denied.

Section 1983 permits liability without direct participation when an official’s control or direction causes a constitutional deprivation.

Mink v. Knox · filed 2010-07-19

The plaintiff may demonstrate causation by showing an affirmative link between the constitutional deprivation and the officer’s exercise of control or direction.

Section 1983 liability requires a defendant’s personal participation; contact limited to a prison grievance procedure does not establish it.

McMillan v. Carpenter · filed 2010-07-20

We affirm summary judgment as to state defendants Speer and Hartly, whose only contact with McMillan was through the prison grievance procedure. 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.”).

Section 1983 liability for an official’s failure to act requires a legal duty to act and an omission that causes the deprivation.

Chatman v. Early · filed 2010-07-22

The district court properly granted summary judgment on Chatman’s claims against defendant Chen, the former Chief Deputy Inspector General for the California Office of the Inspector General, because Chatman failed to create a genuine issue of material fact as to whether Chen was legally required to intervene ... after conducting investigations, at Chatman’s request, into the conditions of Chatman’s confinement. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (an official can be liable under section 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 which plaintiff complains (citation and quotation marks omitted)).

Section 1983 requires a plaintiff to show personal involvement by officials sued under it.

Cook v. McConnell Unit · filed 2010-07-23

Cook has also failed to show personal involvement on the part of the warden and the TDCJ officials.

Section 1983 requires a defendant’s personal involvement; conclusory allegations that officials condoned a deprivation are insufficient.

Bellezza v. Holland · filed 2010-07-30

These conclusory allegations do not constitute personal involvement and are therefore insufficient to bring a § 1983 claim.

Section 1983 requires a defendant’s personal involvement for individual liability; receiving an inmate’s letter alone is generally insufficient, but setting the challenged policy and responding to a complaint can establish involvement.

Ward v. Rabideau · filed 2010-08-02

Generally, the receipt of a letter is insufficient to establish personal involvement under § 1983. ... Dean set the kosher menus throughout DOCS and, thus, was personally involved. Though he had subordinates as his eyes and ears, it appears from his testimony that those subordinates reported back to Dean who, at least in this case, personally responded to Ward’s letter complaining about the kosher meals at Groveland. Dean must, therefore, remain as a defendant.

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

Thomas v. Beard · filed 2010-08-05

The District Court also properly dismissed any claims against the remaining defendants where Thomas did not allege their personal involvement in any wrongdoing.

Section 1983 requires an alleged retaliatory act to be attributable to the defendant.

Caldwell v. Luzerne County Corrections Facility Management Employees · filed 2010-08-11

To the extent that Caldwell alleges that Defendants retaliated against him for filing a lawsuit against them by criminally charging him with counts of terroristic threats in Luzerne County, that claim will be dismissed, as it is the Luzerne County District Attorney's Office who brings criminal charges, not Defendants, and thus such adverse action cannot be attributed to any named Defendant.

A § 1983 claim against a prison superintendent requires an allegation of personal involvement.

Frazier v. SCI Med Dispensary Doctor · filed 2010-08-23

Frazier never alleged any personal involvement by Palakovich, making any § 1983 deliberate indifference claim untenable as to the prison superintendent.

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

Weathers v. Cano · filed 2010-08-26

The district court did not err in granting summary judgment in favor of Cano. She presented evidence that she was not personally involved and showed there was no genuine issue as to identity.

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

Dameon Ham v. Ken Clark · filed 2010-08-27

The district court properly dismissed the claim against Warden Clark because Ham failed to allege facts indicating Clark’s personal involvement in the treatment of Ham’s sinus, hypertension, and pain medication problems.

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

Trujillo v. Williams · filed 2010-09-03

We affirm the district court’s grant of summary judgment, for the simple reason that, as the magistrate judge’s recommendation (subsequently adopted by the district court) stated, there was ample evidence that the two New Mexico defendants in this case had nothing to do with Mr. Trujillo’s classification or employment status at WRSP.

Section 1983 claims against individual defendants require allegations that they personally participated in unlawful conduct; conclusory accusations are insufficient.

Link v. State of California · filed 2010-09-07

Link’s §§ 1983 and 1985(3) and RICO claims against the remaining defendants in their individual capacities failed because his conclusory assertion that they engaged in unspecified “misfeasance, malfeasance, and nonfeasance” was insufficient to allege that they personally participated in any conduct that violated these statutes.

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

Smith v. Jaramillo · filed 2010-09-10

Smith failed to identify any individuals responsible for denying him admission into the GRAD Program.

Section 1983 requires a basis for holding individual board members liable; giving a superintendent discretion to discipline an employee did not, by itself, establish their liability.

Flores v. Von Kleist · filed 2010-09-10

Plaintiff, however, has cited no ... authority in support of this proposition, nor demonstrated that Defendants Porras and McDaniels may be held liable for his claims as a result of the “unfettered discretion” they allegedly gave to Defendant Von Kleist. Accordingly, Defendants Porras and McDaniel’s motions for summary judgment are granted on all of Plaintiffs claims and they are dismissed as Defendants in this case.

Section 1983 does not make prison officials liable for an alleged deprivation merely because they evaluated or rejected an inmate’s institutional complaint.

Hohol v. Jess · filed 2010-09-14

But simply evaluating or rejecting an inmate’s institutional complaint does not make a prison official complicit in the alleged deprivation.

A § 1983 claim against an individual requires factual allegations connecting him to the alleged wrongdoing or supporting his participation in a conspiracy.

DB Enterprise Developers & Builders, Inc. v. Micozzie · filed 2010-09-17

As the District Court noted, DB’s complaint fails to allege any facts connecting Thomas to Nicholas’s demand that DB perform sewer work. Nor does the complaint allege any facts in support of DB’s assertion to us that “since Thomas was present when Nicholas made some of these threats, it is fair to allege that Thomas and Nicholas conspired to violate DB’s rights through extortion.” (Appellant’s Br. at 8-9.) Absent sufficient factual allegations of a conspiracy, we are “not required to accept legal conclusions alleged in the complaint.” Mayer v. Belichick, 605 F.3d 223, 229 (3d Cir. 2010). Accordingly, the District Court did not err in granting Thomas’s motion to dismiss Count 1.

Section 1983 requires allegations showing each defendant’s personal involvement; allegations against defendants as a group are insufficient.

Cosgrove v. DEPT. OF SOCIAL & REHABILITATIVE SVCS. · filed 2010-09-29

Defendants contend that plaintiff fails to sufficiently allege their personal involvement, as is required under § 1983 to set forth a cognizable claim for relief. The court agrees.

Section 1983 permits damages against a state employee only when the employee causes or participates in a constitutional violation.

Jackson v. Thurmer · filed 2010-09-29

The phrase “personal involvement” does not appear in the First Amendment or 42 U.S.C. § 1983. Rather, courts use this term as shorthand for the requirement in § 1983 that a state employee may not be held liable for damages unless he “subjects or causes to be subjected” a person to a constitutional violation.

Section 1983 permits individual liability only when the defendant played an affirmative part in the alleged misconduct.

Alexander v. Fritch · filed 2010-10-05

Individual liability can be imposed under § 1983 only if the defendant played an “affirmative part” in the alleged misconduct.

Section 1983 does not impose liability on supervisory officials who had no personal involvement in the alleged violation.

Granberry v. Chairman of Pennsylvania Board of Probation & Parole · filed 2010-10-06

Secretary Jeffrey A. Beard, Chairman Catherine McVey, and Superintendent Marilyn Brooks had no personal involvement in the events and were entitled to judgment in their favor.

A § 1983 claim against a supervisory official fails without that official's personal involvement in the alleged violation.

Dawn Ball v. Hartman · filed 2010-10-07

The District Court also correctly explained that Ball’s claim against Beard fails for lack of his personal involvement and that her claim against Cicero fails because Cicero is protected by quasi-judicial immunity.

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

Hubbard v. Danberg · filed 2010-10-13

The grant of summary judgment was also proper, as the District Court mentioned, because the plaintiffs failed to show that any of the defendants were personally involved in any constitutional violation.

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

Comb v. BENJI'S SPECIAL EDUCATIONAL ACADEMY, INC. · filed 2010-10-15

A plaintiff bringing a § 1983 action must "specify the personal involvement of each defendant." See Murphy v. Kellar, 950 F.2d 290, 292 (5th Cir.1992). Plaintiffs allege that the violation giving them a right to relief under § 1983 arises out of the series of events leading up to and after the September 13, 2010 suspension of the Academy's operations. The Proposed Second Amended Complaint sets forth Mr. Schneider's involvement, along with that of the other Defendants, in these events.

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

Antonetti v. Skolnik · filed 2010-10-25

The statute plainly requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.

Section 1983 permits nominal damages against an official who knowingly applies a policy that violates an inmate’s constitutional rights.

Willis v. Commissioner, Indiana Department of Correction · filed 2010-11-01

However, knowingly applying a policy in violation of an inmate’s First Amendment rights—even if evenhandedly—is not permitted under § 1983. Since Chaplain Hodges does not dispute Mr. Willis’s assertion that he knowingly violated his First Amendment rights, the Court finds that he is personally responsible for the constitutional deprivation. Accordingly, he is liable for nominal damages.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation; an unsupported allegation that a warden condoned mistreatment is insufficient.

Price v. Executive Director of the Colorado Department of Corrections · filed 2010-11-02

His single attempt to link the warden to his claims of due process and equal protection violations in his prison hearings is a conclusory statement (that the warden condoned the mistreatment) unsupported by underlying facts, and is therefore insufficient.

Section 1983 requires a defendant to be personally responsible for a deprivation of property without due process.

Brown v. City of Fort Wayne · filed 2010-11-04

Brown argues that someone, presumably Engelman, took her Sprint cell phone and cash, but in order to establish liability under § 1983, Brown must show that Engelman was personally responsible for the deprivation of her property without due process.

Section 1983 requires an individual defendant to be personally involved in the alleged constitutional violation.

Harris v. Illinois · filed 2010-11-09

In order for an individual to be liable under § 1981 or § 1983, he or she must have been personally involved in the alleged constitutional violation.

Section 1983 requires a plaintiff to connect an individual defendant’s actions to the alleged deprivation of federal rights.

Reid Machinery Inc. v. Lanzer · filed 2010-11-18

We need not address the merits of Reid Machinery’s due-process claims, however, because it cannot show that the alleged procedural and substantive due-process violations were caused by actions of the defendant deputies.

Section 1983 requires a defendant's personal involvement in the conditions underlying a prisoner's claim.

Randolph v. Simmons · filed 2010-11-29

Plaintiff does not allege that his conditions of confinement were unusually harsh, and even if they were, there is no indication that either defendant had any personal involvement with respect to those conditions.

Section 1983 requires personal involvement in the alleged constitutional violation; promptly referring a prisoner’s letters to others for investigation and response does not establish it.

Goris v. Breslin · filed 2010-11-30

The record shows that Dr. Wright’s personal involvement was limited to the receipt of two letters from Goris, which he promptly referred to other individuals for investigation and response. Accordingly, Goris has failed to establish the requisite personal involvement on Dr. Wright’s part, and the district court properly granted summary judgment in Dr. Wright’s favor.

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

Kelly v. Arizona Ex Rel. Arizona Department of Corrections · filed 2010-12-02

Butcher does not allege any personal involvement by Schriro and Larson sufficient to make them complicit in Kelly’s death.

Section 1983 requires a plaintiff seeking to hold an official personally liable to allege that official’s own involvement in the constitutional violation.

Rodriguez-Diaz v. Cruz-Colon · filed 2010-12-15

Accepting these allegations as true, the court finds that Plaintiff has sufficiently alleged actions by defendant Cruz, which demonstrate his personal involvement in the alleged violations of Plaintiffs constitutional rights.

Section 1983 requires a plaintiff to allege and ultimately prove that each defendant was personally involved in the violation of the plaintiff’s constitutional rights.

Barnes v. Fedele · filed 2011-01-13

A plaintiff asserting a § 1983 claim must allege, and ultimately prove, that the defendant was personally involved in the violation of his constitutional rights.

Section 1983 requires a plaintiff to connect the named defendants personally to the alleged deprivation of rights.

Green v. Revel · filed 2011-01-18

Green failed to show, however, that any of the named defendants personally knew about the threat made by his cellmate or that any of the defendants prevented him from receiving a full medical examination.

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

Fennell v. Rodgers · filed 2011-01-26

A reasonable jury could not find that Scarborough was personally involved in plaintiffs claims. Therefore, the court will grant Scarborough’s motion for summary judgment.

Section 1983 requires a plausible allegation that a named defendant participated in the constitutional wrong; authority over personnel decisions alone does not establish liability.

Penalbert-Rosa v. Fortuno-Burset · filed 2011-01-28

But, save under special conditions, an adequate complaint must include not only a plausible claim but also a plausible defendant. Yet there is nothing in the complaint beyond raw speculation to suggest that the named defendants participated--either as perpetrators or accomplices--in the decision to dismiss Peñalbert.

Section 1983 does not make named officers liable for an unidentified officer’s acts without a basis for shared liability.

Rasmussen v. City of New York · filed 2011-02-02

Rasmussen cannot predicate claims against named defendants based on the acts of unnamed defendants since there is no basis for vicarious or shared liability between them.

A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement.

Costello v. City of Burlington · filed 2011-02-14

The complaint does not allege facts establishing the personal involvement of any of the individual ... Defendants (except for Sgt. Lewis). This defect is fatal to Costello’s claim under 42 U.S.C. § 1983.

A § 1983 plaintiff must show that the defendant caused or participated in the constitutional deprivation.

Delapaz v. Richardson · filed 2011-02-14

To survive summary judgment, a plaintiff claiming a violation of § 1983 must produce evidence that the defendant “caused or participated in [the] constitutional deprivation.”

Section 1983 requires a defendant’s personal involvement in the alleged violation; an inadequate investigation after an assault or a failure to respond to a later letter does not establish it.

Jordan v. Fischer · filed 2011-02-17

Accordingly, the court adopts Judge Baxter’s finding of no personal involvement by defendants Fischer, Artus, and Racette, and dismisses them from this action.

Section 1983 requires personal direction, actual knowledge, or acquiescence to hold an individual liable for a constitutional violation.

L.S. Ex Rel. S.S. v. Mount Olive Board of Education · filed 2011-02-25

However, these allegations in no way indicate any level of personal direction, actual knowledge, or acquiescence in the disclosure of S.S.’s evaluation. Therefore, Plaintiffs’ claims under Section 1983 against Mr. Iannucci, Ms. Strahl, Mr. Stansberry, and Ms. Lamonte for the violation of S.S.’s right to privacy are dismissed.

Section 1983 requires allegations connecting a defendant’s actions to the claimed deprivation of rights.

Pierce v. Edward Alameida, Jr. · filed 2011-02-28

The district court properly dismissed the claims involving defendants Chief Medical Officer of CCC-Susanville and Warden Runnels because Pierce did not allege a connection between the actions of these defendants and the deprivations he claimed to have suffered.

Section 1983 requires allegations of each defendant’s personal involvement in the alleged violation.

Aho v. Anthony · filed 2011-02-28

Allegations of personal involvement by the particular defendants is a prerequisite to liability under a § 1983 claim. ... Accordingly, Aho has failed to sufficiently allege the defendants’ personal involvement and his claims that Anthony and Sylvestre violated his rights to vote and due process, brought under 42 U.S.C. § 1983, are dismissed.

Section 1983 requires evidence of an individual defendant’s personal involvement in the alleged deprivation of rights; a police commissioner’s position alone does not establish it.

RAZZANO v. County of Nassau · filed 2011-02-28

However, while Commissioner Mulvey is the head of the police department that carried out this policy, there is no evidence — aside from his position — showing that he had or should have had knowledge of this particular police department policy. Given this complete lack of evidence, along with the plaintiffs decision not to address this issue in any way, the Court finds that there are no triable issues of fact with respect to Mulvey’s personal involvement in this case. The Court therefore dismisses the plaintiffs Section 1983 claim as against Mulvey.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a medical provider who did not treat the condition is not liable for pain attributed to its treatment.

Williams v. Romana · filed 2011-02-28

The district court correctly concluded that Swanson was not liable for Mr. Williams’s throat pain because she was not at all involved in treating him for that condition.

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

Coleman v. California Department of Corrections & Rehabilitation · filed 2011-03-07

The district court properly granted summary judgment for the Internal Classification Committee defendants because Coleman failed to raise a genuine issue of material fact as to whether these defendants were personally involved in denying a transfer for physical therapy.

Section 1983 does not make an official liable for an action in which he had no involvement.

McDowell v. Litz · filed 2011-03-10

Litz cannot be liable for an action that was entirely unrelated to him.

Section 1983 requires a damages plaintiff to allege that each defendant was personally responsible for the alleged deprivation of constitutional rights.

Brady v. Gonzalez · filed 2011-03-11

Brady’s complaint seeks damages, but in order to recover damages under § 1983, he must allege that the defendants were “personally responsible” for the alleged deprivations of his constitutional rights.

Section 1983 requires facts showing an individual defendant’s personal involvement in the alleged violation; a conclusory allegation that a supervisor allowed it to occur is insufficient.

Nevarez v. Hunt · filed 2011-03-16

To state a claim against an individual defendant under § 1983, a plaintiff must allege facts demonstrating that individual’s personal involvement in the alleged § 1983 violation. ... No facts are alleged to support that allegation, and I see no basis for a claim against Hunt.

Section 1983 permits liability for prison officials who watch a constitutional violation without intervening.

May v. Trancoso · filed 2011-03-16

Likewise, he also has a triable claim against Trancoso, Henry, Sambdman, Sternes, and Montgomery because May presented evidence that each one watched the second search without intervening, which is sufficient to subject them to liability.

Section 1983 does not support a claim against officials who mishandle grievances but did not cause or participate in the underlying conduct.

Owens v. Hinsley · filed 2011-03-18

Prison grievance procedures are not mandated by the First Amendment and do not by their very existence create interests protected by the Due Process Clause, and so the alleged mishandling of Owens’s grievances by persons who otherwise did not cause or participate in the underlying conduct states no claim.

Section 1983 does not allow a direct claim against an official who was not personally involved in the alleged incident.

Hernandez v. City of Napa · filed 2011-03-21

However, there is no allegation or argument that Chief Melton was involved in the incident in a personal capacity so there can be no direct § 1983 claim against him.

Section 1983 requires evidence that a defendant was personally involved in or knowingly acquiesced in the alleged retaliation.

Washington v. DiGuglielmo · filed 2011-03-22

We also agree that summary judgment was appropriate on Washington-El‟s retaliation claim as to all defendants other than Dohman because Washington-El produced no evidence that those defendants were personally involved or knowingly acquiesced in Dohman‟s alleged retaliation.

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

Nickols v. Morris · filed 2011-03-24

Regarding her claim for lack of proper medical care, Nickols has not shown that the defendants were personally involved in, or causally connected to, her access to medical care while in jail.

Section 1983 requires a defendant to cause or participate in the alleged constitutional deprivation.

Hohol v. Jess · filed 2011-03-24

Because Defendants did not cause or participate in the initial decision to deny receipt of the book set, they are not subject to liability under § 1983.

Section 1983 does not impose liability on a prison official who had no connection to the plaintiff or the events underlying her claim.

Chao v. Ballista · filed 2011-03-25

Azzato is the current director of security at SMCC. He did not begin working at SMCC or even at the DOC until 2005, after Chao had already been paroled. Ryan Aff. ¶ 29 (document # 107-1). He therefore has no relationship to Chao, Ballista or to this case. The claims against him are DISMISSED.

Section 1983 requires an employee defendant to have been personally involved in the alleged violation of constitutional rights.

Fisher v. Fulwood · filed 2011-03-27

Under § 1983, the crucial question is whether an employee-defendant was personally involved in the alleged violation of the plaintiffs constitutional rights.

Section 1983 requires a plaintiff to link each defendant to an alleged constitutional violation through personal involvement or a policy the defendant promulgated.

Brittain v. Sheriff of Riverside County · filed 2011-03-28

The district court properly granted summary judgment to defendant Laus because Brittain failed to raise a genuine issue of material fact as to whether Laus was personally involved with, or promulgated a specific policy that led to, the alleged constitutional violations.

Section 1983 requires each individual defendant’s own knowledge and actions to support liability; vicarious liability is unavailable.

Hayes v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH · filed 2011-03-29

In addition, each Defendant’s potential liability must be predicated on the basis of his or her own personal knowledge and actions relative to Brittany’s case, because liability under § 1983 cannot be premised on theories of vicarious liability or respondeat superior.

An individual official’s liability under § 1983 requires factual allegations linking that official’s own conduct to the alleged violation; vague references to defendants as a group do not suffice.

CANMAN v. Bonilla · filed 2011-03-29

None of these vague references allow an inference as to any particular defendant’s liability for the wrongs or misconduct alleged, as stated in Iqbal, “Absent vicarious liability, each government official, his or her title notwithstanding, is only liable for his or her own misconduct.”

Section 1983 liability cannot rest solely on an official’s position of authority; the plaintiff must plausibly allege the official’s personal involvement in the constitutional injury.

Ocasio-Hernandez v. Fortuno-Burset · filed 2011-04-01

Although § 1983 liability cannot rest solely on a defendant's position of authority, see Ayala-Rodriguez v. Rullán, 511 F.3d 232, 236 (1st Cir. 2007), the plaintiffs' complaint does include other well-pleaded factual allegations that detail each of these three defendants' level of personal involvement in and familiarity with the plaintiffs' terminations.

Section 1983 permits a personal-capacity claim against an official who was personally involved in the alleged constitutional deprivation; allegations of knowing participation can suffice at the pleading stage.

Baumann v. District of Columbia · filed 2011-04-08

“A § 1983 action cannot be maintained against an official in his personal capacity if the official was not personally involved in the decisions affecting the plaintiffs constitutional rights.” ... Therefore, Baumann has adequately stated a claim for relief against the individual defendants in their personal capacities under § 1983.

Section 1983 does not make prison guards and administrators liable for inadequate care provided by medical personnel when the guards and administrators promptly respond to a prisoner’s requests for treatment.

Farina v. Anglin · filed 2011-04-18

If Farina means to imply that he received inadequate care during the nurses’ visits or afterward, then the fault lies with the medical personnel who cared for him, not with the prison guards and administrators he sued.

Section 1983 requires a defendant’s personal involvement, which can be adequately pleaded by alleging that the defendant ordered the challenged conduct.

Replay, Inc. v. Secretary of Treasury of Pr · filed 2011-04-19

Thus Plaintiffs properly pled Defendant’s direct participation in the alleged unconstitutional conduct.

Section 1983 requires a plaintiff to allege that an individual defendant was personally involved in the alleged violation.

SIXTH ANGEL SHEPHERD RESCUE INC. v. West · filed 2011-05-03

In a § 1983 action, a plaintiff must allege that the defendant had personal involvement in committing the alleged violation. ... Sixth Angel satisfies this requirement.

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

Darryl White v. Gibbons · filed 2011-05-03

The district court properly dismissed White’s claim concerning rocks in the prison yard because White failed to allege personal involvement by any served defendant in maintaining the allegedly dangerous policy.

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

O'Donnell v. Pennsylvania Department of Corrections · filed 2011-05-16

It is well-settled that with respect to claims under 42 U.S.C. § 1983, such as First Amendment retaliation, liability cannot be imposed on the basis of respondeat superior or mere supervisory liability, but instead must be predicated on personal involvement of the defendant.

Section 1983 requires evidence connecting each defendant to the alleged prison conditions or resulting injury.

Bugge vs Roberts · filed 2011-05-18

Bugge’s claims against these defendants, therefore, fail on the causation prong: there is no evidence connecting them to the relevant prison conditions or Bradford’s murder.

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

Pina v. Clarke · filed 2011-06-14

The district court properly dismissed the DoC defendants as to this claim because Piña failed to allege personal involvement by any DoC defendants with respect to elevation of his risk status.

Section 1983 requires an individual defendant’s personal involvement in the alleged wrong, so each claim must be assessed separately for each defendant.

Verdier v. Borough · filed 2011-06-20

Because an individual defendant must have “personal involvement in the alleged wrongs” to be liable under Section 1983, the district court must examine each cause of action as to each defendant against whom it is alleged.

Section 1983 requires allegations connecting each defendant to the alleged violation.

Ricky Newton v. Ken Clark · filed 2011-07-01

The district court properly dismissed the deliberate indifference claim arising from a delay in dental treatment because Newton did not allege ... that any of the named defendants were responsible for the delay, Farmer v. Brennan, 511 U.S. 825, 837 (1994) (person can be liable for deliberate indifference only if he “knows of and disregards an excessive risk to inmate health and safety”); Ortez v. Wash. Cnty., State of Or., 88 F.3d 804, 809 (9th Cir. 1996) (dismissal of claims proper because the plaintiff failed to allege “specific facts linking each defendant to a § 1983 violation”).

Section 1983 requires a plaintiff to allege the defendant's personal involvement in the deprivation of constitutional rights.

Grissom v. Rohling · filed 2011-07-14

As an initial matter, the district court is correct that the complaint does not allege facts suggesting the named defendant, Warden Rohling, was personally involved in the violation of Grissom’s constitutional rights.

Section 1983 does not impose liability on officials who lacked personal involvement or on judges protected by absolute judicial immunity.

Gillis v. Rick Raemisch · filed 2011-07-20

Gillis’s suit was correctly dismissed, not because his second amended complaint fails to give notice of his claim as required by Rule 8 (it is reasonably clear that he seeks damages for the denial of parole based on inaccurate information), but because his allegations, even taken as true, do not state a claim against the defendants. The warden and former director of the prison system had no involvement in creating or entering the erroneous 2006 judgment, and neither do they sit on Wisconsin’s parole committee. See Dahl v. Weber, 580 F.3d 730, 733-34 (8th Cir. 2009); Mosley v. Klincar, 947 F.2d 1338, 1341 (7th Cir. 1991). And the ... state judge, as the district court explained, is entitled to absolute judicial immunity. Mireles v. Waco, 502 U.S. 9, 9-10 (1991); Dawson v. Newman, 419 F.3d 656, 660 (7th Cir. 2005).

Section 1983 requires a defendant's personal involvement before liability can attach.

Smith v. Rohana · filed 2011-07-20

Dr. Rohana was the medical director, but like any defendant sued under § 1983, he cannot be liable absent personal involvement, and here there was none.

Section 1983 requires a defendant's direct involvement in the alleged deprivation for liability.

Amando Sanders v. York · filed 2011-07-27

Because Sanders does not also allege that Dr. Penner was directly involved, this allegation alone does not raise a fact question regarding Dr. Penner’s alleged deliberate indifference.

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

Buff v. Chuck Dwyer · filed 2011-08-09

We agree with the district court that Mr. Harper was entitled to summary judgment, because Mr. Buff failed to present evidence rebutting Mr. Harper’s evidence that he had no responsibility for returning Mr. Buff to general population. See Ripson v. Alles, 21 F.3d 805, 808-09 (8th Cir. 1994) (defendant is entitled to summary judgment in § 1983 suit where he was not personally or directly involved in alleged constitutional violation).

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

Reed v. Medford Fire Department, Inc. · filed 2011-08-10

Thus, even if the Plaintiff intended to assert the Section 1983 claims against Rivera and Pinto, he has not alleged their personal involvement nor raised an issue of fact as to their personal involvement that would preclude a finding of summary judgment.

Section 1983 requires a defendant’s personal involvement in the alleged unconstitutional conduct, supported by allegations that make that involvement plausible.

Ruff v. Health Care Administrator · filed 2011-08-17

To be liable under § 1983, a defendant must have some personal involvement in the underlying unconstitutional conduct. ... Ruff did not allege McCarthy’s knowledge and acquiescence with the required particularity; a review of Ruff’s complaint reveals no allegations giving rise to a plausible inference that McCarthy was personally involved in the complained-of conduct, or that she otherwise denied Ruff his constitutional rights.

Section 1983 does not make an administrator liable for involvement in a prisoner’s medical treatment when the treating doctor was not deliberately indifferent.

Lor v. Kelley · filed 2011-08-17

But because we agree with the district court that Lor has not shown deliberate indifference on Kelley’s part, McCreedy cannot be liable for any “personal involvement” with Lor’s treatment.

Section 1983 imposes personal liability on officers for their own conduct; a private party’s conduct cannot be imputed to them.

Clements-Jeffrey v. City of Springfield, Ohio · filed 2011-08-22

Their allegedly illegal conduct cannot be imputed to Ashworth and Lopez for purposes of § 1983 liability. Rather, the Court may look only to alleged conduct of the officers.

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

Williams v. A. Slack · filed 2011-08-23

We affirm the district court’s grant of summary judgment to Officer Jackson because Williams concedes, and the evidence demonstrates, that he was not on duty on the date of the incident, and, therefore, did not participate in the events giving rise to Williams’s complaint.

Section 1983 requires a defendant to be personally responsible for a deprivation of rights to be liable.

Brown v. Hertz · filed 2011-08-23

Neither defendant was personally responsible for any deprivation of Brown’s rights, and thus neither could be held liable under § 1983.

Section 1983 requires a plaintiff to prove an individual defendant’s responsibility for the constitutional violation.

Bowers v. Seymour · filed 2011-08-24

Under our system of laws for compensating violations of constitutional rights under 42 U.S.C. § 1983, however, a plaintiff like Bowers must prove an individual defendant’s responsibility for a violation.

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

Davidson v. Desai · filed 2011-08-25

Rather, personal involvement of the defendant in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.

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

Heath v. Hock · filed 2011-08-25

We have consistently held that “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.”

Section 1983 liability requires the defendant’s direct involvement in causing the alleged harm.

Floyd v. City of New York · filed 2011-08-31

Any form of liability under section 1983 requires the defendant’s direct involvement in causing the alleged damages.

Section 1983 requires facts showing each individual defendant’s personal involvement in the alleged constitutional violation; a conclusory allegation that all defendants participated is insufficient.

Burnett v. Jones · filed 2011-08-31

“‘Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.’” ... However, in the body of the complaint Mr. Burnett alleges no facts suggesting that the ODOC Defendants were personally involved in the deprivations alleged in counts 1-8. Accordingly, dismissal of counts 1-8 against the ODOC Defendants was appropriate.

Section 1983 requires a defendant’s personal involvement in the deprivation of a constitutional right; vicarious liability is insufficient.

Snowden v. Adams · filed 2011-09-01

“Liability under § 1983 must be premised on personal involvement in the deprivation of the constitutional right, not vicarious liability.”

Section 1983 claims against individual defendants require factual allegations connecting them to the alleged rights violation.

Medical Educational & Health Services, Inc. v. Independent Municipality of Mayaguez (In Re Medical Educational & Health · filed 2011-09-02

Therefore, this Court dismisses the Section 1983 claims against Mrs. Gonzalez and the conjugal partnership because the Complaint is void of factual allegations that could connect codefendants to the alleged due process violation.

Section 1983 does not impose individual liability on a sheriff based solely on deputies’ actions.

Lindbloom vs Steube · filed 2011-09-08

Lindbloom also failed to state a claim against Steube individually because Lindbloom based his complaint on actions of the deputies.

Section 1983 does not impose liability for mishandling an inmate grievance alone when the defendant was not involved in the underlying harm.

Montañez v. Feinerman · filed 2011-09-09

Thus, if the defendants were not involved in the underlying harm, the mishandling of an inmate grievance alone cannot be a basis for liability under § 1983.

Section 1983 requires proof that each defendant was personally involved in the violation and contributed to the plaintiff’s injury; conspiracy is not required.

Beechwood Restorative Care Center v. Leeds · filed 2011-09-12

Plaintiffs have not asserted a civil rights conspiracy claim under § 1985, and in any event the only claim left, following the remand from the Second Circuit, is a First Amendment retaliation claim under § 1983. While plaintiffs need not prove all the elements of a conspiracy, then, they will have to prove, as to each defendant, that the defendant was personally involved in the violation of plaintiffs’ rights, and that each defendant contributed to plaintiffs’ injury.

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

Rivera v. Lempke · filed 2011-09-14

In addition, as to each defendant, plaintiff must allege facts showing the defendant’s personal involvement in the alleged constitutional violation. To make such a showing, it is not enough to allege that the defendant played some sort of supervisory role, since there is no respondeat superior liability in § 1983 cases.

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

Van Den Bosch v. Raemisch · filed 2011-09-15

An individual must be found to have personally caused or participated in the alleged constitutional depriva- tion in order to be held liable under § 1983.

Section 1983 claims against a defendant may be dismissed when that defendant had no personal involvement in the alleged misconduct.

Owner-Operator Independent Driver Ass'n v. Dunaski · filed 2011-09-21

All of Plaintiffs’ claims against Defendant Ken Urquhart in his personal, individual, and official capacities, consistent with the Court’s April 27, 2011 Order are DISMISSED WITH PREJUDICE, as he did not have personal involvement in the matters in Plaintiffs’ second amended complaint.

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

Prince v. County of Nassau · filed 2011-09-21

The Court finds that, with respect to Tusa and Soto, plaintiff has proffered sufficient evidence as to their personal involvement in the remaining Section 1983 claim to warrant the case against them to proceed to the jury.

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

Burch v. Jordan · filed 2011-09-22

As is relevant to this appeal, the court determined that most of Mr. Burch’s claims failed to adequately allege defendants’ personal participation in the claimed misconduct. See Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009) (“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” (quotation omitted)). ... We have reviewed the parties’ appellate materials, the record on appeal, and the relevant legal authority, and we agree with the district court’s thorough and well-reasoned order.

Section 1983 requires a complaint to identify the conduct by each defendant that allegedly deprived the plaintiff of a federal right.

Fisher v. Dodson · filed 2011-09-26

Nevertheless in all § 1983 claims, the complaint must allege that defendants, acting under the color of state law, deprived the plaintiff of a right secured by the Federal Constitution or laws of the United States. ... In fact, the Complaint fails to identify any conduct, constitutional or otherwise, committed by any individual Defendant.

Section 1983 holds a government official liable for the official’s own misconduct, not vicariously for another person’s acts.

Kendrick Green v. Atkinson · filed 2011-09-28

In a § 1983 suit, “[a]bsent vicarious liability, each Government official . . . is only liable for his or her own misconduct.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Because Green was unable upon remand to remedy the insufficient factual allegations against Atkinson, the district court’s dismissal of the claim was proper.

Section 1983 requires a defendant’s personal involvement; administrators reviewing medical grievances may rely on medical staff’s judgment.

Blankenship v. Obaisi · filed 2011-09-28

When reviewing grievances about medical treatment, administrators are permitted to rely on the judgment of medical personnel. ... Blankenship does not allege that these defendants were personally involved in his medical care.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation; supervisory authority alone does not establish liability.

Vlahadamis v. Kiernan · filed 2011-09-28

Other than her supervisory role, there is no evidence in the record of her personal involvement in the SLA referrals, and merely holding a position of responsibility is insufficient to impose liability under § 1983.

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

Keitt v. New York City · filed 2011-09-29

This Court adopts the Report and Recommendation in its entirety. ... The “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires a plaintiff to connect each defendant’s actions to the alleged deprivation of federal rights.

Drawsand v. F.F. Properties, L.L.P. · filed 2011-09-30

Where multiple defendants are involved, the pleadings must establish a nexus between each defendant’s actions and the alleged deprivation of plaintiffs constitutional rights. ... Aside from passing references to due process and equal protection, the Complaint fails to allege how Drawsand’s constitutional rights were violated and fails to identify each Defendant’s role therein.

Section 1983 requires a plaintiff seeking damages from an individual defendant to allege that defendant’s personal involvement in the constitutional violation.

Gusler v. City of Long Beach · filed 2011-10-03

A complaint based on a violation under § 1983 that does not allege the personal involvement of a defendant fails a matter of law.

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

Henry v. Storey · filed 2011-10-03

But § 1983 imposes liability for a defendant’s own actions—personal participation in the specific constitutional violation complained of is essential.

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

Keating v. Pittston City · filed 2011-10-05

As to Keating’s claim that he was illegally searched and seized, he did not aver that Tokar or Hussein was “personally involved” in those incidents, which is required to make out a viable claim under § 1983.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; an official’s position alone is insufficient.

Whetstone v. Ellers · filed 2011-10-05

Finally, we agree with the District Court that Whetstone failed to state a claim against Wynder, Kneiss, Ginocchetti, and Dr. Ellers. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir.1988) (“A defendant in a civil rights action must have personal involvement in the alleged wrongs”).

Section 1983 requires a plaintiff suing officials in their individual capacities to plead facts showing their personal involvement in the alleged deprivation.

Jones v. Roy · filed 2011-10-07

Specifically, Jones did not state a claim against defendants in their individual capacities because he did not plead facts suggesting they were personally involved in the confiscation and deprivation of his property.

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

Beaman v. Unger · filed 2011-10-12

In addition, I note that plaintiffs claims against defendant Unger would have to be dismissed in any event. Plaintiffs allegations fail to show that Unger was in any way personally involved in the alleged constitutional violation.

Section 1983 requires facts linking each individual board member to the alleged unconstitutional conduct; the board's actions alone do not establish each member's involvement.

Redondo Waste Systems, Inc. v. Lopez-Freytes · filed 2011-10-18

But unless EQB requires the presence and assent of all its members to accomplish anything at all, one cannot conclude that any particular member was involved in any particular EQB decision.

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

Gilman v. Amos · filed 2011-10-21

First, with regard to Amos, Gilman presented no evidence to show that Amos was personally involved in his care. As the DOC Medical Director, Amos did not personally provide care to prisoners.

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

Bizzell v. Tennis · filed 2011-10-24

Finally, Bizzell has shown no personal involvement by defendant Tennis in any aspect of a potential constitutional violation, and § 1983 liability cannot be premised solely on respondeat superior.

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

Kregler v. City of New York · filed 2011-10-26

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 factual allegations of a defendant’s personal involvement in the alleged deprivation of rights; unsupported assertions of involvement are insufficient.

Flores-Silva v. McClintock-Hernandez · filed 2011-10-27

With respect to McClintock, we find that Plaintiff has failed to state the requisite personal involvement. Plaintiff offers no supporting factual allegations as to McClintock’s role in the decision-making process.

Section 1983 requires a defendant’s personal involvement in the alleged rights violation; a grievance addressed to an official does not establish involvement when the official did not respond to it.

Williams v. Secretary Pennsylvania Department of Corrections · filed 2011-11-03

A grievance addressed to Beard does not amount to personal involvement because Beard did not respond to the grievance and the grievance was referred to Klem.

Section 1983 requires an officer’s personal involvement in the conduct underlying a claim for liability to attach.

Eason v. Alexis · filed 2011-11-10

Officer Wright was not personally involved in Eason’s pursuit or arrest, the bases for Eason’s § 1983 claim, so liability cannot attach as a matter of law.

Section 1983 requires personal involvement in the alleged deprivation of rights; an official who did not supervise or participate in another agency’s operation is not liable for it.

Backes v. VILLAGE OF PEORIA HEIGHTS, ILL. · filed 2011-11-10

In short, Chief Sutton was not personally involved in the operation in a way that would lead to liability under § 1983.

Section 1983 requires the named defendants to be responsible for the alleged deprivation.

Peretz v. Sims · filed 2011-11-15

There is no genuine issue of material fact because, even if the decision to withhold 93 days of good-time credit was arbitrary, the named state em- ployees were not responsible for the deprivation.