42 U.S.C. § 1983

Section 1983 requires facts showing that an individual defendant personally violated the plaintiff’s constitutional rights.

Seeds of Peace Collective v. City of Pittsburgh · filed 2011-11-29

To recover against Radley, Three Rivers was therefore required to allege facts showing that Radley “through [his] own individual actions, has violated the Constitution.”

Section 1983 requires evidence that officials knew about and approved, condoned, or turned a blind eye to alleged misconduct; an inmate’s report of suspected misconduct alone does not establish their personal involvement.

Famous v. Pollard · filed 2011-12-01

And Famous’s reporting of his suspicions of toothpaste tampering was insufficient to establish a fact issue about whether the officers knew about and approved, condoned, or turned a blind eye to the alleged tampering.

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

Gidarisingh v. McCaughtry · filed 2011-12-01

As for the two defendants who did not testify, Gidarisingh never introduced any evidence of their direct involvement in the alleged retaliation, and we cannot understand how the claims against them survived summary judgment.

A § 1983 claim cannot survive summary judgment without evidence that the defendant personally participated in the alleged constitutional violation.

Kartiganer v. Newman · filed 2011-12-05

The magistrate judge issued a second report and recommendation, recommending that the motion for summary judgment be granted, on the grounds that Mr. Kartiganer failed to raise any genuine issue of material fact demonstrating that the defendants personally participated in the alleged constitutional violations, or established the essential elements of Mr. Kartiganer’s claims for malicious prosecution and conspiracy. ... We agree completely with the reasoning and conclusions contained therein. We therefore affirm the district court’s orders dismissing the claims in this case, for substantially the reasons stated by the district court.

Section 1983 requires a plaintiff to show that each government defendant personally violated the Constitution and does not allow vicarious liability.

Rodriguez v. Conway · filed 2011-12-08

In addition, there is no evidence that the other three defendants, James Conway, Lester Wright, and Killinger, had any personal involvement in the alleged constitutional violations. Thus, even if plaintiff had made out a claim against Dr. Evans or Dr. Lao, the claims against these three defendants would have to be dismissed in any event. See Wesolowski v. Harvey, 784 F.Supp.2d 231, 233-34 (W.D.N.Y.2011); see also Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1948, 173 L.Ed.2d 868 (2009) (“Because vicarious liability is inapplicable to ... § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution”).

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; knowledge of a grievance is insufficient when the defendant could take no further action.

Concepcion v. Pickles · filed 2011-12-13

Furthermore, Concepcion failed to demonstrate Superintendent Connell’s personal involvement in the alleged constitutional violation because, while she had knowledge of the grievance, she could not have taken any further action since Dr. Pickels had already begun treatment for Concepcion’s HIV infection.

Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.

Titus v. Illinois Department of Transportation · filed 2011-12-14

“For a defendant to be liable under § 1983, he or she must have participated directly in the constitutional violation. ‘Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.’ ” ... At this stage of the proceedings, the Court finds that Plaintiff has sufficiently alleged the personal involvement of O’Keefe and Fulgenzi in his August 2009 suspension in that they authored and/or signed his suspension orders. With respect to Means, however, Plaintiff has not alleged any facts to suggest that she was personally involved in the August 2009 suspension. Accordingly, the Court dismisses Plaintiffs Section 1983 discrimination claim against Means.

Section 1983 requires a government official to cause the deprivation of a constitutional right, including through direction, consent, or setting events in motion with the requisite knowledge.

Zurita v. Hyde · filed 2011-12-22

To be liable under § 1983, a government official must have caused the deprivation of a constitutional right. He may do so if the deprivation occurs at his direction or with his consent or if he “sets in motion a series of events that [he] knew or reasonably should have known would cause others to deprive plaintiff of constitutional rights.”

Section 1983 permits liability against an individual school board member for failing to act only when the law imposes a legal obligation to act.

Williams v. Port Huron Area School Dist · filed 2012-01-09

This court has recognized that, under § 1983, an individual school board member can only be held liable for failing to act if the law “empowers him with some legal obligation to act.” Doe v. Claiborne Cnty., Tenn., 103 F.3d 495, 512 (6th Cir.1996). No such obligation existed in this case because, under Michigan law, the duties of a school board are imposed on the entire board and not on the individual members. See Mich. Comp. Laws § 380.11a. As in Claiborne, “the reality [is] that these board members were unable to act, in a legal sense, except as constituent members of a board majority.” Claiborne, 103 F.3d at 512. Since the plaintiffs have failed to articulate any duty imposed on the school board members, as individuals, to address the student-on-student racial harassment at Port Huron Northern, Plaintiffs’ § 1983 claim against the individual school board members must be dismissed.

Section 1983 liability requires personal participation by the defendant.

Cherer v. Frazier · filed 2012-01-10

“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”

A § 1983 complaint must attribute specific wrongful conduct to an individual defendant; conclusory allegations of wrongdoing are insufficient.

Reginald Bell, Sr. v. City of Fife · filed 2012-01-10

The district court properly dismissed Bell’s action because Bell alleged only conclusory allegations of wrongdoing in his amended complaint and failed to attribute specific wrongful conduct to any individual defendant.

Section 1983 requires a defendant’s personal involvement in the alleged wrong, shown through personal direction or actual knowledge and acquiescence.

Mack v. Curran · filed 2012-01-11

A defendant in a civil rights action must have personal involvement in the alleged wrongs, which may be shown through allegations of personal direction or of actual knowledge and acquiescence.

Section 1983 requires a prison official to be personally involved in the alleged denial of medical care to be a proper defendant.

Alexander v. Weiner · filed 2012-01-18

A prison official is a proper defendant in an Eighth Amendment suit if that official was “personally involved” in the decision to deny treatment for Plaintiffs serious medical need.

Section 1983 requires personal involvement in a constitutional deprivation; allegations that officials directed or knowingly consented to a termination can satisfy that requirement at the pleading stage.

Hagan v. Quinn · filed 2012-01-19

“Liability under § 1983 must be premised on personal involvement in the deprivation of the constitutional right, not vicarious liability.” ... For purposes of the Motion to Dismiss, this Court finds that Plaintiffs have alleged a plausible claim of personal involvement of the individual Commission members in Plaintiffs’ termination. Specifically, a reasonable inference can be drawn that Plaintiffs’ termination occurred at the Commissioners’ direction or with their knowledge or consent.

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

Crandall v. David · filed 2012-01-30

Following our de novo review of the record, we agree with the District Court that there was no genuine issue of material fact with respect to whether David was personally involved in the November 24, 2004 seizure.

Section 1983 requires a plaintiff to link each defendant to the alleged violation of federal rights.

Sánchez-Arroyo v. Department of Education · filed 2012-02-01

Moreover, a plaintiff must link each particular defendant to the alleged violation of federal rights. ... Upon reading her complaint, the Court finds that several of the defendants named by Sánchez have indeed not been linked with any constitutional violation.

Section 1983 requires a defendant sued over a termination to have been personally involved in the decision.

Dixon v. University of Toledo · filed 2012-02-06

Defendants raise two additional defenses: qualified immunity for both Defendants for claims against them in their individual capacity and Logie’s lack of involvement in Plaintiffs termination. ... Without regard to whether there is a sufficient disagreement on Logie’s ability to fire Plaintiff at that time, Plaintiff has presented no evidence that Logie had any input in Jacobs’ decision to terminate her.

Section 1983 liability requires personal involvement in the alleged violation; it cannot rest solely on a supervisory role.

Addlespurger v. Corbett · filed 2012-02-09

Liability under section 1983 cannot be imposed absent personal involvement in the alleged actions, see Rizzo v. Goode, 423 U.S. 362, 375-77 (1976); Chincello v. Fenton, 805 F.2d 126, 133-34 (3d Cir. 1986).

Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional harm; supervisory status alone does not establish liability.

Machon v. Pennsylvania Department of Public Welfare · filed 2012-02-23

As previously explained, § 1983 claims “cannot be predicated solely on the operation of respondeat superior.” ... To prevail against Kent, Machon’s complaint had to allege that Kent was personally involved in the harm to his reputation.

Section 1983 requires a defendant’s personal involvement in the challenged conduct; a claim against an official fails when the official neither directed nor participated in it.

Blalock v. Eaker · filed 2012-02-28

Defendant Daugherty has presented a Declaration showing that he neither directed nor participated in the decision to disregard Plaintiff's subpoenas; this is an additional reason why the claim as to Daugherty must be dismissed.

Section 1983 requires evidence that the defendant officer was personally involved in the alleged violation; presence at the scene alone is insufficient.

Smith v. Ray · filed 2012-02-28

Simply being present at the scene is insufficient.

Section 1983 requires evidence connecting each defendant to the alleged use of excessive force.

Jesse Grant, III v. Chea · filed 2012-02-29

The district court properly granted summary judgment on Grant’s excessive force claims because Grant failed to raise a genuine dispute of material fact as to whether either Varela or Chea was driving the vehicle that allegedly struck Grant’s motorcycle.

Section 1983 requires a causal connection between the state actor’s conduct and the constitutional violation; personal involvement can establish that connection.

Martinez v. Nurse Wallace · filed 2012-03-01

In addition, to state a claim for deliberate indifference under § 1983, there must be a causal connection between the constitutional violation and the state actor’s conduct.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; receiving a prisoner’s grievance alone does not establish that involvement.

Bell v. Luna · filed 2012-03-01

Because personal involvement in a constitutional violation is a prerequisite to a § 1983 claim, see Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994), Mr. Bell has not alleged a plausible claim against Deputy Warden Chapdelaine.

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

Carr v. Beth · filed 2012-03-07

Given that Carr has not alleged that any of the other six defendants named in his second complaint were personally involved in the use of force against him, the magistrate judge properly dismissed the complaint as against them.

A § 1983 claim against a named defendant requires allegations connecting that defendant to the failure to treat or delay in treatment.

Jarrod Majors v. Baldwin · filed 2012-03-08

...conclude that Majors failed to state a section 1983 claim as to the named defendants, because he did not allege that any of them actually knew of the failure to treat his pain, and he did not identify anyone responsible for the delay in his treatment.

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

Munson v. Gaetz · filed 2012-03-09

Munson also does not allege that the defendants were involved in the alleged misprescription incident. See Minix, 597 F.3d at 833-34 (noting that § 1983 liability “requires ‘personal involvement in the alleged constitutional deprivation’ ” (quoting Palmer v. Marion Cnty., 327 F.3d 588, 594 (7th Cir. 2003))).

Section 1983 requires a complaint seeking personal liability to allege the defendant’s personal involvement in the claimed violation.

Kersh v. Richardson · filed 2012-03-09

Even if Richardson were not immune from suit, Kersh’s complaint fails to allege with specificity Richardson’s personal involvement in the asserted misconduct. Kersh’s complaint does not allege that Richardson played any direct role in confiscating Kersh’s property, or that he was even present when the alleged confiscation occurred. Absent such an allegation, the complaint against Richardson fails to state a claim on which relief may be granted.

Section 1983 requires a defendant’s personal involvement in the alleged rights violation; supervisory position and receipt of an inmate’s letter alone are insufficient.

Vogelfang v. Capra · filed 2012-03-13

Vogelfang has pled no facts, beyond Fischer’s and Williams’s presumed receipt of a letter and their respective positions atop the Department of Corrections, implicating them in any violation described in her complaint. Vogelfang has therefore failed to plausibly plead Fischer’s or Williams’s personal involvement in any infringement of her constitutional rights.

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

Miller v. Morgan · filed 2012-03-14

To have a claim for damages under § 1983, Miller must allege that Morgan, the only named defendant, was “personally responsible” for the alleged deprivation of his constitutional rights.

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

Jenkins v. Cortez · filed 2012-03-15

The district court properly dismissed the retaliation claims because the complaint failed to allege facts sufficient to show that Cortez was involved in any actions that were motivated by retaliation.

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

Willie Bailey, III v. Wedell · filed 2012-03-15

The district court properly granted summary judgment because Bailey failed to raise a genuine dispute of material fact as to whether defendants Penner, Turella, or Howard were involved in or had any control over ordering, scheduling, or performing the relevant surgeries.

Section 1983 requires an official’s direct participation in wrongful acts for personal liability.

Bey v. Department of Corrections · filed 2012-03-16

“An individual may be personally liable under Section 1983 only if it is shown that he or she directly participated in the wrongful acts.” ... Therefore, Munn Bey has failed to make sufficient allegations of personal liability.

Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the claimed deprivation of a federal right.

Stern v. Epps · filed 2012-03-19

Stern failed to state a claim for relief because he did not allege that Epps was personally involved in the money being improperly deducted from his prisoner account.

A § 1983 claim against an individual must allege facts showing her personal involvement in the alleged rights violation; an allegation that she fabricated a pretext for retaliatory termination sufficed at the dismissal stage.

Trant v. Oklahoma · filed 2012-03-19

Defendant Balzer also seeks dismissal of this claim for failure to allege facts specific to her, which is essential when alleging a § 1983 claim. Under the Amended Complaint, however, Plaintiff alleges that Defendant Balzer fabricated a claim of insubordination as a pretext for his termination in retaliation for his statements regarding the FBI and the grand jury investigation.

Section 1983 permits liability for deficient medical treatment when a defendant knows of it and facilitates, approves, condones, or turns a blind eye to it.

Smego v. Payne · filed 2012-03-21

To be liable under § 1983, they needed to have known of the deficient medical treatment and either facilitated, approved, condoned, or blinded themselves to it.

Section 1983 requires each individual defendant’s own involvement in the alleged wrong; liability cannot rest on vicarious liability or respondeat superior.

Bryan v. Erie County Office of Children & Youth · filed 2012-03-22

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

Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation; supervisory status alone is insufficient.

Dale Williams, Sr. v. Cal Ludeman · filed 2012-03-23

After careful de novo review, we agree with the district court that the claims must be dismissed because Williams failed to present evidence that Ludeman acted in other than a supervisory capacity or that Arneson had any control over Williams’s son.

Section 1983 requires allegations showing how each individual defendant was involved in the alleged constitutional violation; naming a defendant and stating their job is insufficient.

Williams v. California · filed 2012-03-23

Plaintiffs have made no allegations whatsoever as to how these Defendants were involved in any alleged constitutional violation. Such allegations are insufficient to state a claim against these Defendants under § 1983.

A § 1983 false arrest claim must plausibly allege that the defendant’s own actions caused the constitutional violation.

Henry v. Jones · filed 2012-03-27

We accept these factual allegations as true, as did the district court, but conclude Henry has failed to state a plausible claim that he was falsely arrested by Jones. See Iqbal, 129 S. Ct. at 1948 (“[A] plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”).

Section 1983 does not impose liability on an official solely because of the official’s position within an agency.

De La Mata v. Puerto Rico Highway & Transportation Authority · filed 2012-03-30

A particular defendant’s position within an agency, standing alone, is insufficient to hold him or her liable under section 1983.

Section 1983 requires a defendant’s personal involvement for damages, but officials responsible for enforcement may face claims for declaratory or injunctive relief without such an allegation.

New York Youth Club v. Town of Smithtown · filed 2012-03-31

Although, plaintiffs’ failure to allege the personal involvement of these individuals in the Complaint precludes them from collecting damages from these individuals, defendants Vecchio and Valentine are both appropriate defendants for plaintiffs’ claims for declaratory and injunctive relief.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages; supervisory authority alone is insufficient.

LaMagna v. Brown · filed 2012-04-04

A defendant’s supervisory authority is insufficient in itself to demonstrate liability under § 1983.

Section 1983 does not support a claim against an officer who arrived only after the alleged deprivation had ended.

Chavis v. City of New York · filed 2012-04-05

The section 1983 claim asserted against defendant Fisher should have been dismissed for the additional reason that the undisputed evidence shows that he did not arrive on the scene until after Chavis had died.

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

Defina v. Hooksett, et al. · filed 2012-04-10

Although Defina contends that Agrafiotis’s conduct contributed to his termination, he does not allege facts that suggest that Agrafiotis had the authority to terminate his employment, influenced the Commission’s decision to terminate his employment, or was in any way involved in the denial of his right to a hearing.

Section 1983 requires allegations of personal involvement to support an individual-capacity claim against a defendant.

Nocro, Ltd. v. Russell · filed 2012-04-10

The Planning Board members had no role in adopting the challenged zoning ordinance. Furthermore, the petition/complaint failed to allege the personal involvement of any individual Planning Board member (see Shelton v New York State Liq. Auth., 61 AD3d 1145, 1148-1149 [2009]).

Section 1983 requires personal responsibility for a constitutional deprivation; knowing and withholding exculpatory evidence can satisfy that requirement.

Logan v. City of Chicago · filed 2012-04-12

Evidence of such knowledge satisfies the requirement of personal responsibility because knowing and withholding exculpatory information from plaintiff would be a constitutional deprivation.

Section 1983 permits liability for an official who knows of a due process violation and fails to remedy it when deciding an administrative appeal.

Molano v. Bezio · filed 2012-04-13

Because the undisputed facts demonstrate that Bezio was fully aware of the deficiencies in the underlying hearing at the time he denied plaintiffs appeal and later denied reconsideration, I accordingly find that plaintiff has established Bezio’s personal involvement in, and liability for, the underlying violation, as a matter of law.

Section 1983 requires a claimant to show that a defendant was personally involved in the deprivation or that the defendant’s wrongful actions caused it.

Jones v. LOWNDES COUNTY, MISS. · filed 2012-04-18

A Section 1983 claimant must “establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.”

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

Huertas v. Sobina · filed 2012-04-20

“‘A[n individual government] defendant in a civil ... rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence.’”

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

Irvin v. Baca · filed 2012-04-25

The district court properly dismissed the Irvin’s excessive force claim against Baca in his individual capacity because Irvin failed to allege facts sufficient to show that Baca was personally involved in the alleged constitutional violations.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional wrong; comments made after the challenged decision do not establish it.

Sykes v. Carroll · filed 2012-04-30

First, with regard to defendant Johnson, Sykes failed to allege that she was personally involved in any decision or action that could be viewed as unconstitutional; rather, he suggested merely that she commented on and discussed the situation after his transfer to the SHU, insisting that he was not being punished.

Section 1983 requires personal responsibility for the alleged constitutional deprivation; an individual cannot be liable without causing or participating in it.

Kuhn v. Goodlow · filed 2012-05-02

Because Goodlow had no personal responsibility for Kuhn’s disorderly conduct arrest, he cannot be held liable under § 1983.

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

Surine v. Edgcomb · filed 2012-05-02

Liability under section 1983 cannot be imposed absent personal involvement in the alleged actions, see Rizzo v. Goode, 423 U.S. 362, 375-77 (1976).

Section 1983 requires personal involvement; awareness of alleged misconduct alone does not make an official liable when the official lacks authority to remedy it.

Conklin v. County of Suffolk · filed 2012-05-03

In sum, even if Garcia was aware of Conklin’s complaints of harassment, he cannot be held liable under Section 1983.

Section 1983 requires personal involvement to hold an official liable; being mayor alone is insufficient.

Marrero-Rodriguez v. Municipality of San Juan · filed 2012-05-07

It takes more than this, though, to assert a § 1983 claim against those who have no personal involvement of any sort in the events, such as the Mayor, and more to assert a claim against the Municipality. The Mayor is not amenable to suit, as pled in the complaint, merely because he is Mayor.

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

Green v. McLaughlin · filed 2012-05-08

As “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” Koeignsmann’s lack of involvement in these actions is fatal to Green’s argument.

Section 1983 imposes liability only on individuals who participated in conduct that deprived a plaintiff of rights.

Foley v. Town of Lee · filed 2012-05-09

“It is well-settled that only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable” under § 1983. ... Pardy and Murch are therefore entitled to summary judgment on the plaintiffs’ procedural due process claim.

Section 1983 requires facts linking each defendant to an alleged violation.

Harris v. Kim · filed 2012-05-22

Dismissal of defendants Doe and Klarich was proper because Harris’s operative complaint failed to allege facts linking either defendant to a § 1983 violation.

Section 1983 requires a plaintiff to show that a named defendant was responsible for the alleged deprivation of constitutional rights.

Robinson v. Whisman · filed 2012-05-25

The basis of Mr. Robinson’s claims pursuant to 42 U.S.C. §§ 1983 and 1985(3) is the miscalculation of his sentence. Mr. Robinson is unable to show that Ms. Whisman or any other defendant he named is responsible for the miscalculation or that any defendant acted in such a way as to deny him his constitutional rights, as he must to succeed on his claims.

Section 1983 permits individual liability only for a defendant’s own unconstitutional conduct.

Heyerman v. County of Calhoun · filed 2012-05-29

Persons sued in their individual capacities under § 1983 can be held liable based only on their own unconstitutional behavior.

Section 1983 requires a plaintiff to identify each defendant’s individual involvement in the alleged violation.

Williams v. Jones · filed 2012-05-29

On appeal Mr. Williams argues that the claims dismissed with prejudice should have survived because the defendants knew of and disregarded the substantial risk of serious harm to his health; but he still fails to point to specifics of their individual involvement.

Section 1983 requires a state official in an employment suit to do more than a de minimis act leading to the plaintiff’s termination before the official can be held liable.

Ericka Savage v. City of Pontiac · filed 2012-05-30

To be held liable in a § 1983 suit in the employment context, a state official must commit more than a de minimis act leading to the plaintiff’s termination.

Section 1983 requires an officer’s own actions to support liability for excessive force, including asking another officer to use it or failing to stop that officer.

Landis v. Galarneau · filed 2012-06-07

Thus, Landis was required to show that Galarneau himself violated the Constitution by asking another officer to use excessive force or by failing to stop him from doing so.

Section 1983 does not impose liability on a jail administrator who was not directly involved in the challenged medical treatment.

LaBorde v. Lowe · filed 2012-06-22

Because George Flowers was not directly involved in LaBorde’s medical treatment, LaBorde has not shown that the magistrate judge erred in dismissing his claim against Flowers.

Section 1983 requires factual allegations connecting an individual-capacity defendant to the alleged misconduct; conclusory claims of supervision do not suffice.

James v. District of Columbia · filed 2012-06-26

Because nothing in the complaint suggests that Sergeant Crouch was involved in the acts underlying the plaintiff’s claims, the court concludes that the plaintiff has not stated a plausible claim for relief.

A defendant sued in an individual capacity under § 1983 must have been personally involved in the alleged constitutional violation.

Decker v. New York State Department of Correctional Services · filed 2012-06-28

Insofar as defendant Commissioner Goord is sued in his individual capacity, the lack of any evidence demonstrating his personal involvement in the events at issue further supports judgment in his favor. See Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (requiring personal involvement by defendant in constitutional violation to support § 1983 action).

Section 1983 requires a defendant’s personal involvement and discriminatory purpose for individual liability on an equal protection claim.

Reynolds v. Barrett Gould v. Chamberlin · filed 2012-07-11

Thus, liability for an Equal Protection Clause violation under § 1983 requires personal involvement by a defendant, who must act with discriminatory purpose.

Section 1983 liability requires plausible allegations of a defendant's personal involvement; a position of authority alone is insufficient.

Rodriguez-Ramos v. Hernandez-Gregorat · filed 2012-07-12

Liability under Section 1983 "cannot rest solely on a defendant's position of authority," Ocasio-Hernández, 640 F.3d at 16, yet that is all that the plaintiff offers as to the roles of defendants Hernández, Morales, and Fuentes in his reinstatement.

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

Martinez v. Williams · filed 2012-07-23

The district court properly granted summary judgment as to Williams and Nooth because Martinez failed to raise a genuine dispute of material fact as to whether either was “personally involved in the deprivation of his civil rights.”

Section 1983 permits liability against prison officials who know an inmate is being denied medical care and fail to act.

Flournoy v. Ghosh · filed 2012-07-24

Where a plaintiff informs prison officials that he is being denied access to health care, those officials may be liable under 42 U.S.C. § 1983 for their inaction.

Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; signing an order on another official’s behalf does not establish it.

Riverhead Park Corp. v. Cardinale · filed 2012-07-26

Only direct actions may sustain a § 1983 claim, and the Plaintiffs’ only remaining allegation of direct action by the Defendant Thomas is the Plaintiffs’ allegation that Thomas violated their procedural and substantive due process rights when she allegedly issued an unauthorized Stop Work Order (“SWO”) on October 4, 2004. ... In sum, the Plaintiffs do not allege any direct conduct that would satisfy the Second Circuit standard for personal involvement.

Section 1983 requires particularized allegations that a defendant personally participated in the alleged wrongs or knew of and acquiesced in them.

Thomas v. Vuksta · filed 2012-07-27

A defendant in a Section 1983 action must be personally involved in the alleged wrongs. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The complaint must set forth particularized allegations of participation or actual knowledge and acquiescence.

Section 1983 requires an affirmative link between the defendant and the alleged constitutional violation; the court dismissed a claim that did not link the mayor to the police’s alleged restriction of liberty.

Lareños En Defensa Del Patrimonio Historico, Inc. v. Municipality of Lares · filed 2012-08-06

Because section 1983 claims require an affirmative link between the defendant and the alleged constitutional violations, the mayor’s absence from the alleged mass killing of dogs and cats in the Maldonado case was sufficient to grant him qualified immunity. ... Based on both a failure to pass the plausibility threshold required by Rule 12(b)(6) and a failure to link defendant Pagan affirmatively to the restriction of plaintiffs’ liberty, defendant Pagan’s motion to dismiss plaintiffs Fourteenth Amendment substantive due process claim is GRANTED.

Section 1983 requires facts linking each defendant sued in an individual capacity to the alleged constitutional violation.

Helm v. Christianson · filed 2012-08-16

The district court properly dismissed Helm’s claims against defendants in their individual capacities because Helm failed to set forth facts linking defendants to the constitutional violations at issue.

Section 1983 requires a defendant’s personal involvement; a warden’s participation in the grievance process alone does not establish liability for a prisoner’s medical care.

Gevas v. Mitchell · filed 2012-08-20

Gevas alleges no personal involvement by the warden outside of the grievance process, and for that reason his third amended complaint, just like the previous iterations, fails to state a claim against the warden. That claim was properly dismissed.

Section 1983 requires facts showing that the defendant was personally responsible for the challenged conduct.

Parker v. Fisk · filed 2012-08-22

Moreover, Parker alleged no specific fact that would show Fisk was personally responsible for discontinuing such medication or that she refused to reorder it.

Section 1983 claims against individual defendants require their personal involvement in the alleged violations.

O'Diah v. Artus · filed 2012-08-24

His claims against defendants Cuomo, Fischer and Wright are also subject to dismissal for lack of personal involvement on the part of those defendants.

Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation, which may be shown through personal direction or actual knowledge and acquiescence.

Washington v. Showalter · filed 2012-08-27

Liability under § 1983 requires the plaintiff to plead the defendant’s personal involvement in the alleged constitutional violation, which “can be shown through allegations of personal direction or of actual knowledge and acquiescence.” Argueta v. U.S. Immigration & Customs Enforcement, 643 F.3d 60, 72 (3d Cir. 2011) (quotation marks omitted).

Section 1983 requires a defendant's personal involvement in a constitutional deprivation; respondeat superior liability does not apply.

Tyson v. Oregon Department of Corrections · filed 2012-09-14

The district court properly granted summary judgment for defendant Williams because Tyson failed to raise a genuine dispute of material fact as to whether Williams personally participated in any constitutional deprivation. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (no respondeat superior liability under § 1983; plaintiff must show personal involvement in violations).

Section 1983 requires a damages plaintiff to show each defendant’s personal involvement, participation, or direct responsibility for the challenged unsafe conditions.

Solivan v. Dart · filed 2012-09-14

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

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

Russo v. DiMilia · filed 2012-09-18

It is well settled that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Accordingly, summary judgment is granted as to DiMilia alone, and he is dismissed from the case.

Section 1983 requires evidence that a defendant directed, participated in, or knew of the alleged constitutional violations.

Tyson v. Woodford · filed 2012-09-20

The district court properly granted summary judgment for Woodford on Tyson’s claims concerning his placement in administrative segregation and secured housing, his denial of good time credits, his access to mail and the courts, the restriction of outdoor exercise, and the refusal to recognize his legal name because Tyson failed to raise a genuine dispute of material fact as to whether Woodford directed, participated in, or had knowledge of the alleged constitutional violations. See Taylor, 880 F.2d at 1045 (“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”).

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; an administrative role alone does not establish liability.

Mincy v. DeParlos · filed 2012-09-21

To the extent Mincy claims that the prison administrators failed to properly address his complaints regarding the size or temperature of meals, we conclude that their administrative role does not establish personal involvement in the alleged underlying wrongdoing, absent evidence that they engaged in retaliation.

Section 1983 claims against supervisory defendants require allegations of their specific conduct; naming them as defendants alone is insufficient.

Aruanno v. Allen · filed 2012-09-21

However, nowhere does Aruanno allege any specific examples of any conduct--unconstitutional or otherwise--by Defendants Lagana, Hayman, and Main. Aside from naming them individually as defendants, Aruanno does not further mention them in his filings.

Section 1983 requires a defendant’s personal involvement in the alleged violation; defendants who did not control the conduct causing a medication delay are not liable for it.

Wright v. Swingle · filed 2012-09-24

The district court properly granted summary judgment on Wright’s medication delay claim because Wright failed to raise a genuine dispute of material fact as to whether defendants were involved in or had any control over ordering and stocking prescription medication and thus were responsible for its delay.

Section 1983 permits recovery against a government official whose personal involvement or causally connected actions caused the alleged constitutional violation.

Truett v. St. Tammany Parish Fire District 12 · filed 2012-09-24

To recover against a government official under § 1983, a plaintiff must show that the official was either personally involved in the alleged constitutional violátion, or that the official’s actions were causally connected to the alleged violation. ... Therefore, the evidence is sufficient at this stage for Truett to survive the summary judgment standard on the issue of Krentel’s liability.

Section 1983 requires a defendant to participate in or direct a violation, or know of it and fail to act to prevent it.

Harris v. Thom · filed 2012-09-25

The district court properly dismissed Harris’s Eighth Amendment claim against Rice because Harris failed to allege that Rice “participated in or directed the violations, or knew of the violations and failed to act to prevent them.”

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

Lopez v. Correctional Medical Services, Inc. · filed 2012-09-26

These defendants can only be held liable under § 1983 for a deprivation of a constitutional right if they had some “personal involvement” in it.

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

Harris v. Vargo · filed 2012-09-26

The district court properly granted summary judgment to Hardy Myers, the former Oregon Attorney General, because Harris failed to raise a genuine dispute of material fact as to whether Myers was personally involved in any alleged deprivation of Harris’s rights. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (“Liability under § 1983 must be based on the personal involvement of the defendant.”).

Section 1983 requires a plaintiff to prove that a defendant was personally involved in causing the plaintiff’s injuries.

Cooper v. Brunswick County Sheriff's Department · filed 2012-09-27

Additionally, a section 1983 plaintiff must prove the personal involvement of a defendant in causing the plaintiffs injuries.

Section 1983 requires personal involvement in the deprivation of a plaintiff’s rights; merely communicating a decision or denying a grievance does not establish liability.

Rowe v. Lemon · filed 2012-10-09

As a matter of law, none of this conduct is sufficient to support a basis of liability under Section 1983 as none of those three persons were alleged to have personally engaged in any deprivation of Rowe’s rights.

Section 1983 liability extends only to claims involving a deprivation in which the defendant was personally involved.

Maloney v. County of Nassau · filed 2012-10-12

Because Seiden’s alleged personal involvement extends only to negotiating Maloney’s surrender from outside his residence, Seiden’s potential § 1983 liability correspondingly extends only to Maloney’s Payton-based claim and not to his search claim.

Section 1983 liability for excessive force requires an officer’s integral participation in the challenged conduct.

Ernst v. City of Eugene · filed 2012-10-16

Officer Kidd could not have been an “integral participant” of the search warrant execution if he neither planned nor participated in it.

Section 1983 requires a defendant’s personal participation in an alleged constitutional violation.

Humphrey v. Yates · filed 2012-10-17

The district court properly granted summary judgment for defendant Yates because Humphrey failed to establish a genuine dispute of material fact as to whether Yates personally participated in any alleged constitutional violations.

Section 1983 liability requires an official’s personal participation in the constitutional deprivation.

Braninburg v. Monterey County · filed 2012-10-24

The district court properly granted summary judgment to defendants Kanalakis and Barrera because Braninburg failed to establish a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.

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

Spencer v. Sharp · filed 2012-11-20

The district court properly granted summary judgment on Spencer’s deliberate indifference claims because Spencer failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to his vision and eye health, or whether defendants had any involvement in the alleged violations.

Section 1983 permits a claim against a healthcare administrator when the inmate alleges that he complained to her directly about denied treatment and her position supports an inference of responsibility for the delay.

Myrick v. Anglin · filed 2012-11-21

Although in his complaint Myrick does not discuss extensively Miller’s personal role in his treatment, he does allege that he complained to her directly about the medical staff’s failure to fill his ... prescription for a hernia belt, as well as the absence of treatment for his herpes. Moreover, at this stage Miller’s position justifies the inference that she bore some responsibility for the delay in Myrick’s treatment.

Section 1983 requires a plaintiff to show a defendant’s personal participation in a constitutional violation.

Gilbert v. Finn · filed 2012-11-21

The district court properly granted summary judgment to the remaining defendants because Gilbert failed to raise a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.

Section 1983 requires each individual defendant to be personally involved in the alleged wrongdoing; liability cannot rest on supervisory status alone.

Turner v. Attorney General of Pennsylvan · filed 2012-12-03

Liability under § 1983 cannot be premised on the theory of respondeat superior; instead, each individual defendant “„must have personal involvement in the alleged wrongdoing.‟” Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005) (quoting Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)); see also Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981).

Section 1983 requires specific allegations that an official personally acted to deprive the plaintiff of a federal right; a bare allegation of general enforcement is insufficient.

S.A. Restaurants, Inc. v. Deloney · filed 2012-12-04

But the bare allegation that the defendant has enforced the state statute as a general proposition, without any specific allegation of actions that this defendant has taken with respect to this plaintiff, is insufficient to establish a plausible claim of entitlement to relief.

A § 1983 plaintiff must identify what each individual defendant did; an officer’s mere presence at the scene does not establish liability.

Bark v. Chacon · filed 2012-12-05

Hence, we conclude that, although his complaint was permitted to proceed past the dismissal stage, he ultimately did not meet his burden of specifying what each of these six defendants did. Moreover, we are unpersuaded by his argument that those six defendants may be held liable by virtue of their mere presence at the scene and their failure to stop any of the alleged constitutional violations committed by their fellow officers.

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

Martinsky v. City of Bridgeport · filed 2012-12-06

Here, the record is clear that Paris never directly detained Martinsky and lacked the authority to steer the investigation to such an end. ... Hence, even assuming arguendo that material issues of fact exist as to whether Paris had probable cause, Martinsky’s claim fails.

Section 1983 requires facts connecting a defendant’s acts or omissions to the alleged deprivation of rights.

Ellenburg v. Kirkegard · filed 2012-12-19

With respect to the summary judgment issue, the Warden supported his motion with his affidavit, in which he detailed an absence of any affirmative connection between the deprivations of civil rights alleged in Ellenburg’s complaint and any act or omissions on the part of the Warden. The District Court correctly determined that Ellenburg had failed to meet his burden, in responding to the motion for summary judgment, of coming forward with affidavits or other testimony containing material facts that raised genuine issues of fact as to one or more elements of his case.

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

Manse Sullivan v. Ryan · filed 2013-01-02

The district court properly granted summary judgment to defendants Wong and Flores because Sullivan failed to raise a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.

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

Goldyn Cooper v. Dion · filed 2013-01-02

The district court properly dismissed Cooper’s claims against Olivas and Rogel because Cooper failed to allege their personal participation in the claimed deprivations of his Eighth Amendment rights.

Section 1983 requires evidence that a defendant was personally involved in the alleged violation.

Elbert Vaught, IV v. Miranda · filed 2013-01-03

Moreover, Vaught failed to raise a genuine dispute of material fact as to whether defendants were involved in or had any control over the filling and distribution of prescription medication in the prison and thus were responsible for his failure to receive his prescribed pain medicine.

Section 1983 generally requires a defendant’s personal involvement in the alleged wrongdoing; reviewing or failing to investigate an inmate’s grievance does not establish that involvement.

Mincy v. Chmielsewski · filed 2013-01-04

Furthermore, the District Court is correct that an officer‟s review of, or failure to investigate, an inmate‟s grievances generally does not satisfy the requisite personal involvement.

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

A'Gard v. Perez · filed 2013-01-26

A plaintiff must plead the personal involvement of each defendant in a violation of § 1983.

Section 1983 requires a retaliation plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation; allegations connecting defendants to a retaliatory transfer can suffice at the pleading stage.

Smith v. Levine · filed 2013-01-31

To prevail in a First Amendment retaliation claim under 42 U.S.C. § 1983, “a plaintiff must show by a preponderance of the evidence that the defendant was personally involved—that is, he directly participated—in the alleged constitutional deprivations.” ... We find that these allegations are sufficient to “suggest” Kelly and Levine’s direct involvement in the alleged retaliation.

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

The Scrap Yard, LLC v. City of Cleveland · filed 2013-01-31

In this case, there are no details of what either did beyond general allegations that both acted in their roles as the Mayor of Cleveland and the Chief Building Official, respectively. There is nothing more. The district court properly dismissed Jackson and Cooper from this suit.

An officer who participates in an unlawful home entry may be liable under § 1983 even if he does not personally conduct the subsequent search.

Feliciano v. City of Miami Beach · filed 2013-02-05

Nor have we forgotten Nash’s argument that he is entitled to summary judgment because he did not personally participate in the search once inside the apartment. Part of Feliciano’s claim, however, is that the officers, including Nash, “forcibly entered and invaded [her] home” in violation of her Fourth Amendment rights. The evidence, viewed in the light most favorable to Feliciano, shows that Nash, as well as the other officers, did that.

A § 1983 claim against federal defendants fails when the plaintiff identifies no individual within the agencies who allegedly deprived him of his constitutional rights.

Gaines v. Pearson · filed 2013-02-12

As for Plaintiff’s § 1983 claim against the federal defendants, Plaintiff failed to identify any individual within the federal agencies who allegedly deprived him of his constitutional rights, and thus his claim fails.

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

Trimble v. Montiel · filed 2013-02-15

The district court properly granted summary judgment to defendant Montiel because Trimble failed to raise a genuine dispute of material fact as to whether Montiel had any involvement in Trimble’s alleged underfeeding.

Section 1983 requires an affirmative link between a defendant’s individual actions and the plaintiff’s alleged injury for an individual-capacity claim.

Jeff Welch v. Ryan · filed 2013-02-19

To the extent that Welch has sued Horne in his individual capacity, the district court properly determined that Welch failed to allege an affirmative link between individual actions by Horne and any alleged injury to Welch.

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

Torlucci v. Norum · filed 2013-02-19

Moreover, the district court properly dismissed Torlucci’s claims against defendants Evelsizor, Hendrick, Rushen, and Sid because Torlucci failed to set forth facts linking defendants to the constitutional violations at issue.

Section 1983 requires each individual defendant to have personal involvement in the alleged wrongdoing, shown through personal direction or knowledge and acquiescence.

Franks v. Temple University · filed 2013-02-20

To establish liability under § 1983, each individual defendant “must have personal involvement in the alleged wrongdoing,” which can be shown “through allegations of personal direction of or actual knowledge and acquiescence.”

Section 1983 requires a supervisor’s personal involvement in the alleged violation; awareness of a prisoner’s treatment and receipt of or response to letters are insufficient by themselves.

Barnes v. Ross · filed 2013-02-21

The Court concludes that Barnes’ allegations that Fischer was aware of Barnes’ treatment and that Fischer received and responded in some manner to letters written on Barnes’ behalf are insufficient to plausibly allege that Fischer, Commissioner of DOCCS, had any personal involvement in Barnes’ medical treatment at Sullivan that would be sufficient to state an equal protection claim.

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

Miley v. Housing Authority · filed 2013-02-25

Consequently to state a claim under § 1983, a plaintiff must allege personal involvement of a defendant.

Section 1983 permits a claim against an official who actively invites and participates in a due process violation.

Osuagwu v. Gila Regional Medical Center · filed 2013-02-25

Therefore, the record contains undisputed facts proving that Mr. White actively invited and participated in the violation of due process, and Plaintiff is entitled to summary judgment on the § 1983 claim against him.

Section 1983 requires a plausible allegation of personal involvement in the constitutional violation; a position of authority or signing dismissal letters alone is insufficient.

Rodriguez-Salgado v. Somoza-Colombani · filed 2013-03-01

Liability under Section 1983 “cannot-rest solely on a defendant’s position of authority.” ... Rubber-stamping Plaintiffs’ dismissal letters, without more, fails to push the complaint from the realm of possibility to that of plausibility.

Section 1983 does not impose personal liability on a prison official who merely denies a grievance without further involvement in the alleged constitutional violation.

Weldon v. Ramstad-Hvass · filed 2013-03-05

Thus, even if Weldon could allege facts showing deliberate indifference to his serious medical needs by the Virginia prison officials, an allegation that Lampert and Gaylor denied his grievance, without more, is insufficient to state a claim for relief against them under § 1983.

Section 1983 does not make prison officials liable for a dentist’s treatment decisions when they merely respond to an inmate’s grievances and consult the dentist.

Gaede v. Podrebarac · filed 2013-03-08

As to the remaining defendants,2 they merely responded to Gaede’s grievances, and in doing so, they consulted with Dr. Podrebarac. Cf. Meloy v. Bachmeier, 302 F.3d 845, 849 (8th Cir. 2002) (prison’s medical treatment director who lacked medical expertise could not be liable for medical staff’s diagnostic decisions).

Section 1983 requires personal participation in the challenged conduct; evidence that a supervisor helped draft a warrant can create a triable issue of liability.

Olvera v. County of Sacramento · filed 2013-03-19

Her participation in the staffing and Lopez’s testimony is sufficient to create a triable issue of fact with respect to whether she was an integral participant in drafting the PCW so as to hold her liable under § 1983.

Section 1983 requires a police officer’s personal involvement for money damages; failure to intervene can establish liability when the officer had a realistic opportunity to prevent the harm.

Koller v. Hilderbrand · filed 2013-03-19

It is well established that the personal involvement of a defendant-police officer is an essential prerequisite to money damages under 42 U.S.C. § 1983.

Section 1983 requires each defendant to be personally involved in the constitutional deprivation for individual liability.

Prison Legal News v. Babeu · filed 2013-03-20

For § 1983 liability to attach, each Defendant must be personally involved in the constitutional deprivation.

Section 1983 requires facts showing the defendant’s involvement in the alleged constitutional deprivation.

Heitzmann v. Ryan · filed 2013-03-21

The district court properly dismissed the action because Heitzmann failed to allege facts in his amended complaint showing that defendant Ryan had any involvement in the alleged constitutional deprivations.

Section 1983 requires plausible allegations of a defendant’s personal involvement; silence alone does not establish involvement without facts showing participation, approval, or awareness.

Conley v. Anglin · filed 2013-03-25

Mr. Conley does not allege that Ms. Miller participated in his discussion with the nurse, or approved her actions, or even that Ms. Miller was in close enough proximity to hear what he was asking. Her silence is not enough from which to infer personal involvement.

Section 1983 liability requires personal involvement; respondeat superior alone is insufficient.

Monroe v. Phelps · filed 2013-04-08

Phelps was dismissed because the claims against him were solely based on the theory of respondeat superior and liability in a § 1983 action must be predicated on personal involvement, not on the basis of respondeat superior. ... We agree with these District Court’s rulings.

Section 1983 requires a plaintiff to connect an alleged constitutional violation to a particular defendant to recover.

Kirk Alford, Sr. v. Vernier · filed 2013-04-12

As to Alford Senior’s claim that his rights were violated by the warrantless entry into his home and the ensuing search of the residence and seizure of his personal property, we agree with the district judge, first, that there were exigent circumstances to excuse the initial entry without a warrant and, second, that although the scope of the search was arguably excessive, the plaintiffs’ failure to tie the illegality to any particular defendant prevented recovery.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; denying a grievance alone does not establish that involvement.

Blaurock v. Kansas Department of Corrections · filed 2013-04-17

And his allegations cannot support a claim against any defendant because they fail to assert the requisite “personal involvement in the alleged constitutional violation.” Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009) (internal quotation marks omitted); see id. (holding 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”).

Section 1983 requires a plaintiff to connect the defendant to the alleged deprivation of rights.

Munn v. Sheriff Danny Martin · filed 2013-04-22

Third, Munn did not explain how Sheriff Danny Martin was involved in any alleged denial of medication or medical care, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (while construed liberally, pro se complaint must allege sufficient facts supporting claims advanced; court will not construct legal theory using facts not pleaded), and the evidence showed that Munn received his medications while he was at the detention facility.

Section 1983 requires a plaintiff to link each defendant to an act or omission that violated the plaintiff’s constitutional rights.

Blacher v. Johnson · filed 2013-04-23

Dismissal of the action against defendant Davis was proper because Blacher failed to link Davis to any alleged violations.

A § 1983 retaliation claim must sufficiently allege each defendant’s participation in the alleged retaliation.

Childs v. Miller · filed 2013-04-23

The court concluded that Mr. Childs had failed to sufficiently allege each defendant’s participation in the alleged retaliation, but the court granted Mr. Childs thirty days in which to amend his complaint to correct the deficiencies in his purported federal claim, if he could. ... We find no error and affirm for substantially the reasons stated by the district court in its August 29, 2011, and February 17, 2012, orders dismissing the complaint.

Section 1983 permits a claim against an officer who caused an arrest even if another officer made the arrest.

Esparza v. Bowman · filed 2013-04-25

Although Chief Bowman did not actually arrest her, there is no question he caused her arrest.

Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation; holding a position of authority alone is insufficient.

KM Enterprises, Inc. v. McDonald · filed 2013-04-30

Moreover, even if it were pled against McDonald in her individual capacity, the amended complaint does not allege any actions that McDonald personally took, or failed to take, and thus fails to state a claim against her.

Section 1983 requires a retaliation plaintiff to identify which defendant intended the retaliation and caused the challenged action to survive summary judgment.

Jackson v. Epps · filed 2013-05-01

Jackson cannot overcome summary judgment on his retaliation claim because he does not identify which of “the MDOC defendants” had the intent to retaliate against him or who among them caused the transfer.

Section 1983 requires a plaintiff suing an official in an individual capacity to allege that the official was personally involved in the deprivation of constitutional rights.

Doyle v. City of Chicago · filed 2013-05-01

To state a claim under § 1983 against a defendant in their individual capacity, plaintiffs must allege that the defendant was involved personally in the deprivation of their constitutional rights. ... Together, these allegations are sufficient to allege that Hillard and Thompson were involved personally in the deprivation of Plaintiffs’ constitutional rights.

Section 1983 liability requires sufficient personal involvement in the challenged conduct.

Armato v. Grounds · filed 2013-05-01

Defendants Grounds and Dixon were not sufficiently involved to be liable under Section 1983.

Section 1983 does not make arresting officers liable for detention after their responsibility for the person’s custody ends.

Robinson v. Bandy · filed 2013-05-03

Even assuming that after the results of the sexual assault kit were released probable cause no longer existed, that occurred almost four months after Robinson’s arrest, well after the officers’ responsibility for his custody ended.

Section 1983 requires a plausible allegation that each individual defendant was personally involved in the constitutional violation.

Wilson v. Montano · filed 2013-05-03

The complaint therefore alleges sufficient personal involvement on Montano’s part to state a plausible claim for relief under § 1983, and the district court correctly denied appellants’ motion to dismiss as to Montano.

Section 1983 requires a plaintiff to identify the officer who used force when the incident was too brief for other officers to intervene.

Cherry v. Washington County, Wisconsin · filed 2013-05-10

Yet Cherry avers only that he was “knocked over forward” and pressed face down when he defied an order, and this immediate reaction by one defendant to control him did not last long enough for the others to intervene. So it was critical for Cherry to identify the defendant who pushed him since only that one defendant could be liable for the use of excessive force.

Section 1983 requires a defendant to have personally caused the alleged constitutional harm through an affirmative act, participation in another’s act, causing others to act, or failure to perform a legally required act.

Farmer v. Youhas · filed 2013-05-13

Moreover, Farmer failed to demonstrate that there was a genuine dispute of material fact regarding whether the alleged constitutional harm resulted because Youhas affirmatively acted, participated in another’s affirmative acts, caused others to act, or omitted to perform an act which she was legally required to do.

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

Zellmer v. Constantine · filed 2013-05-22

The district court properly dismissed defendant Constantine because Zellmer failed to show that Constantine had any personal involvement in the alleged violations.

Section 1983 requires evidence that an officer personally participated in the alleged deprivation; missing property alone does not establish an individual officer’s liability.

Neal v. County of Shasta CA3 · filed 2013-05-22

Nevertheless, to hold the officers here individually liable for plaintiff’s missing property, there must be some evidence from which a jury could draw a reasonable inference that the officer was personally responsible for taking the property. No such evidence was presented, and the trial court correctly determined that the jury could not draw a permissible inference of individual liability from the mere fact that the jewelry was present before the search and missing after the search.

A Section 1983 plaintiff can plead an individual defendant’s personal involvement by alleging that the defendant created a policy or custom under which unconstitutional practices occurred.

Jones v. Bay Shore Union Free School District · filed 2013-05-28

Further, a plaintiff may satisfy his burden of alleging personal involvement by alleging that the individual defendant created a policy or custom under which unconstitutional practices occurred.

Section 1983 requires a defendant’s personal involvement; a supervisor’s failure to respond to an inmate’s complaint letters alone does not establish it.

Thompson v. Pallito · filed 2013-05-29

In this way, imposing liability upon a supervisory official for failing to respond to an inmate’s letter or grievance would contravene the black-letter principle that § 1983 does not allow for respondeat superior liability. Thompson’s allegation that Pallito and Hale failed to respond to his letters describing his plight is therefore insufficient to establish the requisite personal involvement on the part of these Defendants.

Section 1983 permits claims against individual officials when their alleged acts and participation in a conspiracy sufficiently connect them to the deprivation of federal rights.

Brockton Power LLC v. City of Brockton · filed 2013-05-30

The specific actions the plaintiffs have identified and attributed to each individual defendant, considered alongside the defendants’ alleged agreement and participation in the conspiracy, are the sort of “minimal facts as to who did what to whom, when, where, and why” that are sufficient to state § 1983 claims against each defendant.

Section 1983 holds public employees liable for their own conduct, not for another employee’s conduct.

Burns v. Fenoglio · filed 2013-06-03

However, the district court properly dismissed the claims against the remaining defendants. Section 1983 makes public employees liable “for their own misdeeds but not for anyone else’s.”

Section 1983 requires proof that each defendant personally caused the alleged constitutional violation and acted with the state of mind required for that violation.

Pahls v. Thomas · filed 2013-06-04

Liability under § 1983 and Bivens requires personal involvement. Iqbal, 556 U.S. at 676. Plaintiffs must establish that each defendant caused plaintiffs to be subjected to viewpoint discrimination and acted with a viewpoint-discriminatory purpose.