42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 requires a defendant’s personal involvement in the alleged violation of civil rights for individual liability.
Matthews v. Norristown State Hospital · filed 2013-06-10
Second, to the extent that Matthews sues the Defendants in their individual capacities under § 1983, his complaint fails to state a claim because he has not alleged any personal involvement by the Defendants in violation of his civil rights.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a warden to the claimed harm through knowledge of the challenged practice or personal participation.
Lee v. Holman · filed 2013-06-10
We reject Lee’s assertion that the magistrate judge erred in dismissing the complaint against Warden Holman prior to allowing Lee to conduct discovery because Lee failed to allege that Warden Holman was aware of the alleged unsafe barbering practices or that the warden personally participated in his medical care.Read the full opinion on CourtListener →
Section 1983 damages claims require allegations of specific conduct by a defendant that caused the claimed deprivation.
Roberts v. Lombardi · filed 2013-06-11
Upon careful review of the lengthy record, we conclude that the district court correctly determined that Mr. Roberts’s complaint failed to state a claim for damages under section 1983, because he did not describe specific conduct by any defendant that denied him necessary treatment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold a defendant individually liable to show the defendant's personal involvement in the alleged constitutional deprivation.
Grullon v. City of New Haven · filed 2013-06-19
It is well settled that, in order to establish a defendant's individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant's personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations that an individual defendant was personally involved in the alleged constitutional violation.
Collins v. Saratoga County Support Collection Unit · filed 2013-06-20
Moreover, the claim against attorney Kupferman—who assisted in the restoration of Charles Collins’s driving privileges, only to find himself sued for civil rights violations—was properly dismissed in the absence of allegations showing Kupferman’s personal involvement in any alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused the alleged deprivation of constitutional rights.
Grigsby v. Horel · filed 2013-06-20
The district court properly granted summary judgment on Grigsby’s First Amendment claims because Grigsby failed to raise a genuine dispute of material fact as to whether defendants personally caused the alleged deprivation of his constitutional rights based on the isolated incidents of a piece of mail not being delivered and a priority mail package being delayed fifteen days.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting a named defendant to the alleged violation; a claim cannot survive summary judgment without a genuine factual dispute about that defendant’s involvement.
Miles v. Pearson · filed 2013-06-26
Summary judgment was proper because Miles failed to raise a genuine dispute of material fact as to whether either of the named defendants ordered the release of medical records outside the scope of Miles’s authorization.Read the full opinion on CourtListener →
Section 1983 requires evidence that a named defendant was personally involved in the challenged act.
Smith v. Tobon · filed 2013-07-08
In any event, Smith offers no evidence that any of the ... named defendants placed the locks on his shop.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to be personally involved in the alleged wrongdoing.
Positano v. Secretary PA Dept of Corr · filed 2013-07-08
Regarding the claims against the remaining Commonwealth Defendants, to establish liability under § 1983, 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)).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged retaliation.
Boone v. Nose · filed 2013-07-11
Although the District Court’s reasoning is likely still supportable, we will instead affirm on the basis that Boone failed to show how the cognizable-under-section 1983 defendants (both those named in the caption and those discussed in the text of his complaints) were personally involved in any retaliation against him.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged deprivation.
Gary Banks v. Meck · filed 2013-07-23
The District Court earlier dismissed this claim against Defendant Sherbine after Banks conceded that he could not maintain an Eighth Amendment claim against her due to her lack of personal involvement in his care. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The District Court did not err in so doing.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the deprivation of federal rights.
Fears v. Secretary PA Dept of Corr · filed 2013-07-25
In order for liability to attach under § 1983, a plaintiff must show that a defendant was personally involved in the deprivation of his federal rights.Read the full opinion on CourtListener →
An officer who played no part in an arrest is entitled to qualified immunity from a Section 1983 claim challenging that arrest.
Johnson v. Bay Area Rapid Transit District · filed 2013-07-30
There is no evidence in the record that Mehserle played any part in Anicete’s arrest; consequently, we hold that he is entitled to qualified immunity from a claim that he unlawfully arrested Anicete.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials merely for denying an institutional grievance when that decision did not cause or contribute to a constitutional violation.
McGee v. Adams · filed 2013-08-01
Finally, McGee’s claims against defendants Phillips and Thomas, the individuals who ruled against McGee on the institutional grievances he filed with respect to these incidents, also fail as a matter of law. George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007) (“Ruling against a prisoner on ... an administrative complaint does not cause or contribute to the [constitutional] violation.”).Read the full opinion on CourtListener →
Section 1983 permits liability for a person who causes a constitutional deprivation even without directly participating in it.
Angelo Dahlia v. Rodriguez · filed 2013-08-21
We note that " 'personal participation is not the only predicate for section 1983 liability. Anyone who "causes” any citizen to be subjected lo a constitutional deprivation is also liable.’ " Gilbrook v. City of Westminster, 177 F.3d 839, 854 (9th Cir.1999) (quoting Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978)).Read the full opinion on CourtListener →
Section 1983 permits claims against supervisors based on their own alleged acts and omissions.
Green v. Theodis Beck · filed 2013-08-27
As an initial matter, we find that the district court erred in analyzing the issue as one strictly of supervisory liability. Green clearly alleged personal actions and inactions on the part of these Appellees, as well as their subordinates.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have participated in or encouraged the constitutional violation; a shorter period of involvement does not preclude liability.
Isbell v. Bellino · filed 2013-08-27
Thus, in order for a defendant to be subject to Section 1983 liability, the plaintiff must establish that he or she participated in or encouraged the constitutional violation at issue.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation for individual liability, though direct participation is unnecessary.
King v. City of Indianapolis · filed 2013-08-29
Claims under § 1983 require personal involvement in the alleged deprivation, though direct participation is not necessary. ... Second, Officers Miller and Alford were not sufficiently personally involved to be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the challenged conduct.
Petersen v. Kaemingk · filed 2013-09-04
There is no evidence that the prison-official and nurse defendants were personally involved in the treatment decisions at issue, or that some defendants even knew of Petersen’s medical problems.Read the full opinion on CourtListener →
Section 1983 requires allegations of conduct by each defendant that states a claim against that defendant.
Iheme v. Warden Michelle Smith · filed 2013-09-11
Likewise, Iheme did not describe any conduct by defendant Warden Michelle Smith that stated a section 1983 claim against her.Read the full opinion on CourtListener →
Section 1983 requires a causal link between the state actor defendant and the alleged discrimination.
Perry v. Alabama Alcoholic Beverage Control Board · filed 2013-09-23
Because Taylor has not presented any evidence of a link between Turner and his suspension in response to the Board’s showing that Turner was not involved with the decision in any way, Taylor’s § 1983 claim against Turner for the discriminatory suspension fails.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for individual liability.
Zdebski v. Schmucker · filed 2013-09-24
In order to hold the individuals liable in their individual capacities under § 1983, Plaintiff must show that they were personally involved in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by each individual defendant; evidence that a defendant helped initiate an investigation can create a factual dispute about direct participation in an alleged violation.
Burns v. Department of Public Safety · filed 2013-09-27
However, there is evidence that each of the individual defendants participated in the decision to institute the IA investigation, so the ramifications of that investigation are not independent from their conduct. Thus, for each of the defendants, there remains a genuine issue of material fact as to whether they directly participated in the violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; officers who did not participate in a frisk are not liable for it.
Berbick v. Precinct 42 · filed 2013-09-27
As discussed previously, “personal involvement [by a] defendant ]” is a necessary element of a § 1983 claim against that defendant. ... Accordingly, because Defendants Gonzalez and Hall did not participate in the frisk, they are entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 liability for a dismissal requires evidence that the defendant was responsible for the dismissal decision.
Vigil v. Regents of the University of Michigan · filed 2013-09-30
Plaintiff also has not presented evidence suggesting that Drs. Herzog, Whitman, or Kirkland were responsible and therefore liable for the dismissal decision (as he is barred by the applicable statutes of limitations from premising their liability on their involvement in the dissertation process).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege sufficient facts linking each defendant to the claimed constitutional violation.
Padilla v. Brooks · filed 2013-10-04
The district court properly dismissed Padilla’s claims based on his placement in administrative segregation and his claims against defendants Chambliss, Gibbons, Peltzer, Skolnik, and Doe defendants 1-2 because Padilla failed to allege sufficient facts linking defendants to the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the alleged constitutional wrong; evidence that an officer helped restrain a person while another officer used excessive force can allow the claim to proceed.
Wilson v. Dewees · filed 2013-10-09
If we are to accept Plaintiffs testimony, which we must for purposes of this Motion, we are satisfied that a jury may find Officer Broekway’s involvement in the arrest of Plaintiff unlawful. We will deny summary judgment on the excessive force claims.Read the full opinion on CourtListener →
Individual-capacity liability under Section 1983 requires personal involvement in a constitutional deprivation.
Jones v. New York State Metro D.D.S.O. · filed 2013-10-17
Moreover, because Jones failed to show that the Individual Defendants were personally involved in a constitutional deprivation, his claims against them in their individual capacity must also fail.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of a constitutional right; supervisory status alone does not establish liability.
Gregory Gould, Jr. v. Wetzel · filed 2013-10-21
However, liability under § 1983 requires a “personal involvement” in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in an alleged unconstitutional search or seizure.
Johnson v. Town of Weare, N H , et al. · filed 2013-10-23
Finally, Johnson’s claim that Officer Jones unconstitutionally searched and seized his truck must also fail. First, and perhaps most fundamentally, there is no evidence that Officer Jones made the decision to seize Johnson’s truck, nor is there any evidence suggesting that Officer Jones participated in the inventory search of that vehicle.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s conduct and the violation.
Goodrick v. Blades · filed 2013-10-23
The district court properly dismissed Goodrick’s retaliation claims against the remaining defendants because Goodrick failed to allege their personal involvement in any constitutional violation or a causal connection between their conduct and any such violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional deprivation for damages.
Santos v. Zabbara · filed 2013-10-28
Plaintiffs have not adduced, nor does the record reflect, any evidence demonstrating that Defendants personally participated in securing entry to search Santos’s residence, which constitutes the basis for Plaintiffs’ claim involving the execution of the search warrant. ... This claim, insofar as it is also asserted against Officer Strecker, who was present for but exercised no control over the initial entry, is dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead that each government official, through the official's own individual actions, violated the Constitution.
Harris v. Fulwood · filed 2013-10-30
“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual liability to show the defendant’s personal involvement in the alleged constitutional deprivation.
Bell v. Jendell · filed 2013-10-31
Indeed, “[i]t is well settled that, in order to establish defendant’s individual liability in a suit brought under § 1983, a plaintiff must show ... the defendant’s personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires evidence connecting the defendants to the alleged deprivation; conclusory assertions of their involvement do not suffice.
Devbrow v. Gallegos · filed 2013-11-01
But Devbrow offers nothing to show his legal materials were actually destroyed by anyone, let alone by these defendants, except his own conclusory assertions in his verified complaint.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to recover from an individual defendant to show that the defendant directly participated in, encouraged, authorized, approved, or knowingly acquiesced in the alleged constitutional misconduct.
Bach v. Drerup · filed 2013-11-13
To recover against an individual actor for constitutional violations under § 1983, a plaintiff must demonstrate that the actor directly participated in the alleged misconduct, at least by encouraging, implicitly authorizing, approving or knowingly acquiescing in the misconduct, if not carrying it out himself.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement; it cannot rest solely on respondeat superior.
Grohs v. Yatauro · filed 2013-11-20
The liability of a defendant in a Section 1983 civil rights action cannot be predicated solely on respondeat superior, there must be personal involvement.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to be personally involved in the alleged deprivation of constitutional rights.
Norwood v. Ruhle · filed 2013-11-21
Substantially for the reasons stated in the district court’s opinion, we agree that Norwood failed to show that Defendants Ruhle and Jaquith were personally involved in what he asserts was a deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional violation.
Meadors v. Ulster County · filed 2013-11-21
In this case, the Court finds that Plaintiffs have failed to demonstrate that Defendant Bockelmann, Defendant Ebel or Defendant Acevedo were personally involved in the alleged constitutional violations, whether those violations are based on a hostile work environment claim or a claim of disparate treatment or pregnancy discrimination. Therefore, the Court grants Defendants’ motion for summary judgment with respect to Plaintiffs’ § 1983 claims against Defendants Bockelmann, Ebel and Acevedo in their individual capacities.Read the full opinion on CourtListener →
A grievance official may rely on prison doctors’ findings when responding to an inmate’s medical grievance and need not be included in an injunction concerning that care.
Foster v. Ghosh · filed 2013-11-26
The Court begins its analysis by noting that the preliminary injunction does not apply to Johnson because, as a grievance official, she was entitled to rely upon the findings of Dr. Patterson and Dr. Ghosh.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a named defendant was responsible for the claimed deprivation of rights.
Morgan v. Bartruff · filed 2013-11-29
We also agree that Morgan did not allege that any named defendant was responsible for his lack of access to his minor children.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts linking each defendant to the claimed constitutional violation.
Dunsmore v. Cash · filed 2013-12-11
The district court properly dismissed Dunsmore’s constitutional claims because Dunsmore failed to allege sufficient facts linking defendants to any alleged violations, despite the court giving Dunsmore notice of this deficiency and leave to amend.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; responsibility for library policy alone does not state a claim when the policy is not alleged to be deficient.
Simmons v. Correction Officer Adamy · filed 2013-12-17
Plaintiff makes no allegations of personal involvement by Annucci, except to allege that he was responsible for developing “policy for all [Department of Correctional Services] libraries.” (Dkt. #58 at ¶ 4). Plaintiff makes no claim that the library policies allegedly established by Annucci are unconstitutional or otherwise deficient. As such, his claims against Annucci are dismissed in their entirety, with prejudice, for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Garcia v. Witkowski · filed 2013-12-19
I also note that plaintiff has failed to present evidence that defendants were personally involved in the alleged violations of his rights. At most, plaintiff has shown only that defendants were not paying close attention to what was happening in the yard at the time of this incident. He has not submitted any evidence to show that defendants were personally involved in the attack itself, or in any practices or policies that were proximately related to the attack.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; letters complaining to a supervisor about medical care alone do not establish liability.
Batts v. Giorla · filed 2013-12-27
While he claims that he sent letters to Giorla complaining about his medical care, that is not sufficient to establish liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant was personally involved in the constitutional violation.
Beaman v. Souk · filed 2014-01-03
Generally, for a defendant to be liable under § 1983, the plaintiff must prove personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead the defendant’s personal involvement in the alleged constitutional violation, through personal direction or actual knowledge and acquiescence.
Laughlin v. Peck · filed 2014-01-14
First, regarding Laughlin’s claims against Smith, 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.”Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged constitutional deprivation.
Hart v. Mannina · filed 2014-01-15
Moore is correct that in order for § 1983 liability to attach, she has to be found personally responsible for Hart’s constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s liability to be assessed based on his own actions.
Booher v. Montavon · filed 2014-01-24
As the district court recognized, the liability of each defendant must be assessed on the basis of his own actions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for a retaliation claim against that defendant.
Bond v. Horne · filed 2014-01-27
We note that Bond’s retaliation claim does not directly implicate the personal involvement of six of the seven other defendants, and therefore was properly dismissed insofar as it named them as defendants.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged retaliation; an officer’s presence during a cell search alone does not establish liability.
Turner v. Mull · filed 2014-02-05
The Court finds that Plaintiffs claim for retaliation under § 1983 fails. Plaintiff has not demonstrated that Thebeau directed and oversaw the destruction of his property.. There is no evidence that The-beau was acting as a supervisor or was in any way in charge of the search. At most, Plaintiff has provided evidence that The-beau was present, but not personally involved in such a search.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in an alleged denial of access to the courts.
Burnett v. Leatherwood · filed 2014-02-19
Specifically, as to claim one, although “[t]he right of access to the courts is . . . one of the fundamental rights protected by the Constitution,” Smith v. Maschner, 899 F.2d 940, 947 (10th Cir. 1990) (internal quotation marks omitted), personal participation in the denial of access is essential, id. at 950-51. As the magistrate judge noted, Burnett asserted only that a former mailroom employee, who was not named as a defendant, had any involvement in delaying his amended complaint. Consequently, summary judgment was appropriate on this claim.Read the full opinion on CourtListener →
Section 1983 permits a damages claim against an officer whose alleged participation in a constitutional deprivation could make him personally liable.
Morris v. Huebsch · filed 2014-02-28
It appears from the pleadings that Essington had a hand in the police action that caused plaintiff to stop drumming, and therefore that he may be liable for a potential First Amendment violation, if not for the subsequent alleged Fourth Amendment violations.Read the full opinion on CourtListener →
Each individual defendant must be personally involved in the alleged wrongdoing to be liable under § 1983.
Watson v. Fisher · filed 2014-03-07
As we noted in our decision addressing Watson’s earlier appeal, to be liable under § 1983, 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)).Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged deprivation.
Thompson v. Conant · filed 2014-03-27
The psychologist, counselor, and graduate student are not physicians, and Thompson presented no evidence suggesting that any of the three was involved in the decision to deny him benzodiazepines. Accordingly, the district court properly rejected Thompson’s claim that these defendants were deliberately indifferent to his anxiety by refusing him benzodiazepines. See Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir. 2012) (noting that liability under 42 U.S.C. § 1983 depends on personal involvement); Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010) (same).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; general supervisory authority alone is insufficient.
Jackson v. Nixon · filed 2014-03-28
In sum, Jackson has pled facts sufficient to show the personal involvement required for Crawford and Salsbury to bear § 1983 liability. As to Burgess, at this stage of the litigation, he has not.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation for individual liability.
St. Juste v. Metro Plus Health Plan · filed 2014-03-28
However, Plaintiff did not argue and the record does not establish that Stocker had any personal involvement in any of the alleged violations. Accordingly, Stocker is improperly named as a defendant as to Plaintiffs § 1983 claims and all § 1983 claims against him are dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in unconstitutional conduct; a supervisor’s mere failure to act does not establish liability.
Meeks v. Schofield · filed 2014-03-31
Liability under § 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act.Read the full opinion on CourtListener →
Section 1983 permits individual liability for an officer’s participation in an alleged constitutional violation even if the officer did not participate in a later decision to continue the challenged conduct.
Rebolledo v. Eden · filed 2014-03-31
That the evidence may not establish their involvement in the decision to continue to hold them two days later does not mean that they did not violate Rebolle-do’s constitutional rights on December 5th.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the constitutional deprivation; a supervisor’s position alone does not establish liability.
Brunson v. Duffy · filed 2014-03-31
But these allegations do not describe how Warden Duffy was responsible — either personally or in a supervisory capacity — for Plaintiffs allegedly unlawful confinement or for his parole hold not being lifted.Read the full opinion on CourtListener →
Section 1983 does not make a named defendant sued in an individual capacity liable for another person’s actions.
Williams v. Taylor · filed 2014-04-08
Because, as the district court has done, we interpret this action as a suit against each defendant in his individual capacity, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), we cannot hold any named defendant accountable for the case manager’s actions or use those actions to infer any information about the named defendants’ motives.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show specific conduct by the officer that caused the alleged constitutional violation.
Alexander v. Roland Smith · filed 2014-04-09
To prevail on a § 1983 claim, the plaintiff must show specific conduct by the officer that gives rise to the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in the alleged violation; an officer whose involvement ended before an unlawful detention continued is not liable for that detention.
Allen v. Thompson · filed 2014-04-09
There have been no allegations that Thompson’s role in the detention extended beyond the permissible scope of the stop. Therefore, Brewer has failed to show that Thompson personally violated his rights during the prolonged stop. As such, the Court finds that Thompson is entitled to qualified immunity on Brewer’s illegal detention claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability.
Elcock v. Davidson · filed 2014-04-10
Elcock also admitted at her deposition that she never spoke to Boland about her illness, and, since he was not personally involved in her medical care, Boland could not be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused the alleged constitutional deprivation.
Grandberry v. Lewis · filed 2014-04-14
The district court properly granted summary judgment on Grandberry’s equal protection claim as to defendants Lewis and Meza because they were not responsible for the prison lockdown to which Grandberry was subjected.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the deprivation of the plaintiff’s rights.
Hearn v. Lancaster County · filed 2014-04-15
“In order for an individual to be liable under § 1983, it must be affirmatively shown that the official charged acted personally in the deprivation of the plaintiff’s rights.” ... On these facts, we cannot conclude that Whitaker had any “personal knowledge” or “involvement” in the alleged deprivation of Hearn’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting the defendant to the claimed constitutional violation.
Lunde v. Schultz · filed 2014-04-17
Plaintiff has made no allegation that Secretary Schultz engaged in any conduct akin to subjecting Plaintiff to a religious test. Indeed, the only allegation Plaintiff makes against Secretary Schultz is that he failed to personally inspect the nomination papers of each prospective candidate and conclude that Plaintiff had not been provided support due to his stance on abortion.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in causing a constitutional deprivation.
Monts v. Millard · filed 2014-04-18
Finally, as to individual liability, both chaplains admit to personal involvement in denying Monts’s requests for a Kosher diet. That is enough under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a violation traceable to each defendant’s own actions; officials cannot be held liable solely for the conduct of others.
Brown v. University of Kansas · filed 2014-04-18
In this case, at Plaintiffs deposition, he testified that the Board of Regents’ members had no knowledge of him or his claims until he served them with this lawsuit. In addition, he admitted that the Kansas Board of Regents took no overt action against him. ... Thus, Plaintiffs claims against the members of the Board of Regents must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an individual defendant to allege that the defendant was personally involved in the conduct that deprived the plaintiff of constitutional rights.
Fisher v. Dallas County · filed 2014-04-18
Plaintiffs have failed to plead that Womble was personally involved in any of the conduct that allegedly deprived them of their constitutional rights. ... Accordingly, the court grants Womble’s motion to dismiss plaintiffs’ § 1983 discrimination claims against him in his individual capacity, to the extent these claims are based on discrimination on the basis of race.Read the full opinion on CourtListener →
An official who neither used force nor had an opportunity to intervene is entitled to qualified immunity on individual-capacity § 1983 claims for excessive force and failure to protect.
Cecil Edwards, Jr. v. Byrd · filed 2014-04-24
Given his absence, he could not have used excessive force against the plaintiffs, nor could he have had an opportunity to intervene to prevent the guards from employing excessive force. These individual-capacity excessive-force and failure-to-protect claims are the only remaining claims against Sheriff Byrd. Thus, we conclude that Sheriff Byrd is entitled to qualified immunity, and we reverse the district court’s denial of summary judgment on that basis only as to Sheriff Byrd.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; an officer who did not participate in a prosecution cannot be liable for malicious prosecution.
Costello v. Milano · filed 2014-05-06
There is no evidence that Officer Sanchez initiated Plaintiffs prosecution for any of the crimes with which Plaintiff was charged by, e.g., signing a charging instrument, discussing Plaintiffs prosecution with the DA’s Office or involving himself in Plaintiffs prosecution in any other way. ... Plaintiffs malicious prosecution claim against Officer Sanchez must, therefore, be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; knowledge of a complaint alone is insufficient.
Odogba v. Wisconsin Department of Justice · filed 2014-05-19
Furthermore, St. John’s and/or Van Hollen’s knowledge of the May 30, 2012, information Odogba provided, without more, is insufficient to establish personal involvement in the discriminatory or retaliatory conduct.Read the full opinion on CourtListener →
Section 1983 does not make officials responsible for constitutional defects in a disciplinary proceeding merely because they declined to reverse its result on administrative appeal.
Obriecht v. Raemisch · filed 2014-05-23
That they did not reverse the hearing officer’s verdict does not make them responsible for defects— even unconstitutional defects — in the underlying proceedings.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a defendant personally violated the plaintiff’s rights to establish individual liability and overcome qualified immunity.
Tyron Brown v. Lucas · filed 2014-05-28
Simply put, to establish liability and to overcome a qualified immunity defense, an individual must show that his or her own rights were violated, and that the violation was committed personally by the defendant.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s conduct and the alleged violation.
Ogle v. Yates · filed 2014-05-29
The district court properly dismissed the claims against the remaining ... defendants because Ogle failed to allege facts demonstrating that these defendants were personally involved in any constitutional violation or that there was a causal connection between their conduct and any alleged violation.Read the full opinion on CourtListener →
An individual defendant can be liable for damages under § 1983 only if personally involved in the alleged constitutional deprivation.
Pekowsky v. Yonkers Board of Education · filed 2014-05-29
To recover damages from an individual defendant under 42 U.S.C. § 1983, a plaintiff must establish that defendant’s “personal involvement ... in [the] alleged constitutional deprivations.” Spavone v. Dep’t of Correctional Servs., 719 F.3d 127, 135 (2d Cir.2013). ... Wermuth does not dispute that she is responsible for the charges leveled in the Wermuth Letter, which she authored.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation.
Grasson v. Board of Education · filed 2014-06-04
A plaintiff asserting a section 1983 claim must show the defendant’s “personal involvement ... in [an] alleged constitutional deprivation[ ].”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed violation.
Fate v. Charles · filed 2014-06-05
A plaintiff asserting § 1983 claims must allege the personal involvement of each defendant. ... There is therefore a genuine issue of fact as to whether Parwanta was involved in the use of alleged excessive force, and summary judgment is not appropriate.Read the full opinion on CourtListener →
Section 1983 makes an officer liable for harm from a use of force only if the officer personally caused or participated in it.
Estate of Williams v. Indiana State Police · filed 2014-06-13
Indeed the Court finds that Defendants are correct, [Filing No. 116, at ECF p. 12,] that only the Responding Officers who fired the tasers — that is, “personally caused or participated in the alleged constitutional deprivation” — could be responsible for the harm flowing from that use of force.Read the full opinion on CourtListener →
Section 1983 does not make a defendant liable for the continued use of restraints after she loses control over whether they remain in place.
Rivera v. Lindmeier · filed 2014-06-27
Nor did Rivera establish liability on Lindemeier’s part for keeping him restrained overnight. Once Rivera was secured in the RIPPTM restraints, Lindmeier’s shift was over, and she no longer had control over keeping Rivera restrained.Read the full opinion on CourtListener →
Section 1983 allows a claim against a sheriff to proceed when the evidence permits a jury to find that he personally participated in, ordered, or ratified the alleged arrest and detention.
Mullinax v. McKeithen Ex Rel. Bay County · filed 2014-06-30
Second, contrary to the defendants’ assertion, the evidence, viewed in the light most favorable to Mr. Mullinax, permits a reasonable jury to conclude that Sheriff McKeithen was personally involved in, ordered, or ratified Mr. Mullinax’s arrest and detention.Read the full opinion on CourtListener →
Section 1983 requires a triable showing that a defendant had personal knowledge of or involvement in the alleged constitutional violation.
Hamilton v. Rhoads · filed 2014-07-07
The district court properly granted summary judgment on Hamilton’s claims against defendants Larico and Shytle because Hamilton failed to raise a triable dispute as to whether they had any personal knowledge of or involvement in the ... alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement; a doctor cannot be held liable for delayed care without evidence that he was responsible for scheduling it.
Williams v. Fahim · filed 2014-07-17
Moreover, Williams cited no evidence showing that Dr. Fahim was responsible for scheduling the removal of the pin or sutures. See Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir.2012) (noting that liability under 42 U.S.C. § 1983 depends on personal involvement); Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir.2010) (same).Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official whose only involvement is denying a grievance or failing to act on it.
Grenning v. Klemme · filed 2014-07-22
The Second Amended Complaint fails to state a claim for relief against these Defendants because one cannot state a constitutional claim based on his dissatisfaction with the grievance process. Where the defendant’s .only involvement in the allegedly unconstitutional conduct is “the denial of administrative grievances or the failure to act, the defendant cannot be liable under § 1983.”Read the full opinion on CourtListener →
Section 1983 claims against government officials require allegations of personal involvement in a constitutional deprivation or a causal connection between their conduct and the violation.
Darlene Fike as Next Friend of Hunter E. Bodine, a Minor Child v. Miller · filed 2014-07-23
Her pleadings were even less specific and did not constitute an assertion of personal involvement in the constitutional deprivation or a causal connection between the defendants’ conduct and the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 permits individual liability when a supervisor knew of an alleged constitutional deprivation and approved it or turned a blind eye to it.
Liska v. Dart · filed 2014-07-23
Thus, the Court concludes that Liska has sufficiently pleaded that Sherriff Dart was personally responsible for the alleged deprivation to maintain Section 1983 liability against him in his individual capacity.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged violation.
Opoku v. Educational Commission for Foreign Medical Graduates · filed 2014-07-28
Because it is well-established that liability in a section 1983 action must be predicated upon personal involvement, see Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1998), Opoku’s complaint was properly dismissed as to Martinez.Read the full opinion on CourtListener →
Section 1983 requires specific allegations that each defendant sued individually was personally involved in the alleged wrongdoing.
Dominguez v. Governor of Pennsylvania · filed 2014-07-29
And we concur with the District Court that, to the extent the defendants were sued in their individual capacities, Dominguez failed to specifically allege their personal involvement in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 does not make an officer liable for an unconstitutional search in which the officer did not participate.
Hill v. City of Chicago · filed 2014-07-30
Santiago cannot be liable for an unconstitutional search if he did not participate in it.Read the full opinion on CourtListener →
Section 1983 requires facts showing that a defendant participated in, directed, or knowingly failed to prevent an alleged violation.
Cobb v. Dyemartin · filed 2014-07-31
The district court properly dismissed Cobb’s claims against defendants Lansdowne, Hansen, Goldsmith, the City of San Diego, the San Diego Police Department, the San Diego County District Attorney, and the San Diego County Sheriff’s Department because Cobb failed to allege facts demonstrating that they participated in, directed, or knowingly failed to prevent the alleged violations at issue.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; a defendant cannot be liable for a violation they neither participated in nor approved.
Woolford v. McDonald · filed 2014-07-31
“A defendant in a civil rights action must have personal involvement in the alleged wrongs to be liable ... and cannot be held responsible for a constitutional violation which he or she neither participated in nor approved.”Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the conduct that deprived the plaintiff of a federal right; evidence of that involvement can create a genuine issue for trial.
Garcia-Gonzalez v. Puig-Morales · filed 2014-08-01
Under these circumstances, such evidence is sufficient to establish a genuine issue of material fact as to whether Puig personally "participated in the conduct" that allegedly deprived García of his rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have been personally involved in the alleged deprivation of rights.
Valdez v. Danberg · filed 2014-08-04
It is well-established that an individual government defendant in an action under § 1983 must have had some personal involvement in the alleged wrongdoing to be held liable.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege the defendant’s actions or omissions that could support liability.
Stresemann v. Jesson · filed 2014-08-04
Stresemann’s amended complaint does not plainly state the actions or omissions of Nail that should cause him to be liable under section 1983.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement; conclusory allegations of participation in a conspiracy do not satisfy that requirement.
Richard v. Fischer · filed 2014-08-07
These allegations do not satisfy the personal involvement requirement to state a § 1983 claim, and any conspiracy claims are barred by the intracorporate conspiracy doctrine as discussed above at Part 11(C).Read the full opinion on CourtListener →
A § 1983 plaintiff must specifically allege a defendant’s participation in, or actual knowledge of and acquiescence in, the deprivation of a constitutional right.
Thomas v. Brinich · filed 2014-08-18
A § 1983 plaintiff must set forth specific allegations of participation or actual knowledge and acquiescence in the deprivation of a constitutionally protected right.Read the full opinion on CourtListener →
Section 1983 requires facts showing how each individual defendant was involved in the alleged constitutional violation; identifying a defendant’s name and job title is insufficient.
Robert Williams, Sr. v. State of California · filed 2014-08-19
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.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; planning board members who approved the challenged resolutions could be liable on that basis.
545 Halsey Lane Properties, LLC v. Town of Southampton · filed 2014-08-19
Here, there is little doubt that the members of the Planning Board and the AAC acted under color of state law at the relevant times. As to personal involvement of the Individual Defendants, the complaint is predicated upon two resolutions which the Planning Board approved, and, thus, the current and former members of the Planning Board named in this lawsuit cannot avoid § 1983 liability on this basis.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged misconduct to hold a defendant liable in an individual capacity.
Lawson v. City of Coatesville · filed 2014-08-19
As a matter of law, it is insufficient to subject Canale to liability in his individual capacity without demonstrating his personal involvement in Lawson’s arrest.Read the full opinion on CourtListener →
Section 1983 requires proof of a defendant’s personal participation in the alleged rights deprivation; presence and observation alone do not establish liability.
Bradford v. Clackamas County · filed 2014-08-21
“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation.” Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). The district court properly granted summary judgment to defendants Moore, Bergerson, and Dunkle because Bradford failed to produce evidence of personal participation by those defendants and alleged only that they were present during and observed the May 31, 2006, incident.Read the full opinion on CourtListener →
Section 1983 requires allegations showing a defendant’s personal involvement in the alleged violation or a causal connection between the defendant’s conduct and the violation.
Hayes v. Radford · filed 2014-08-21
The district court properly dismissed Hayes’s claim against defendants Prado and Valdez because Hayes failed to allege facts demonstrating their personal involvement in the alleged violations or a causal connection between their conduct ... and the alleged violations.Read the full opinion on CourtListener →
Section 1983 permits liability for planners who formulate and approve a search or seizure plan that results in an unconstitutionally excessive use of force.
Terebesi v. Torreso · filed 2014-08-21
Our case law thus clearly establishes that planners may be liable under section 1983 to the extent that a plan for a search or seizure,-as formulated and approved by those defendants, provides for and results in an unconstitutionally excessive use of force.Read the full opinion on CourtListener →
Section 1983 permits individual liability when a defendant’s own actions cause the alleged constitutional violation.
McGinnis v. District of Columbia · filed 2014-08-28
There appears to be no dispute that Ms. Haines-Walton’s “own individual actions,” id., caused the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of federal rights; a supervisory role alone is insufficient.
Delano v. City of Buffalo · filed 2014-08-29
Personal involvement in the deprivation of federal constitutional rights is the sine qua non of liability under § 1983. ... Under this standard, Defendants Daniel Derenda, Dennis Richards, and Mayor Byron Brown must be dismissed in connection with Delano’s First Amendment claim.Read the full opinion on CourtListener →
Section 1983 requires a basis for holding each officer personally liable for the alleged misconduct.
Tarabochia v. Mickey Adkins · filed 2014-09-09
Because the complaint does not allege and the record does not indicate that Officers Hopkins or Rhoden took part in the decision to stop and search the Tarabochias’ automobile or that they participated in the alleged “vendetta,” even construing the facts in the light most favorable to the Tarabochias, there is insufficient basis to hold either of them liable under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 permits false arrest liability for officers who assist in an arrest when their assistance causes or participates in it.
Wilbon v. Plovanich · filed 2014-09-09
Other officers who were present for the arrests may also be held liable if their assistance was such that they caused or participated in the arrest.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.
Sherman v. Klenke · filed 2014-09-09
However, with respect to Ms. Montoya’s involvement in Mr. Klenke’s treatment, “[[Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” ... It is undisputed that Ms. Montoya was not involved in treatment decisions made by clinic medical providers and that Ms. Montoya was not qualified to issue or change prescriptions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.
Tompkins v. City of New York · filed 2014-09-10
Plaintiff therefore cannot, as a matter of law, establish an excessive force claim against the Individual Defendants under Section 1983, for “[i]t is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant who had no role in the challenged decision.
Fortner v. Young · filed 2014-09-16
Since Young had no role in that decision she could not be held liable under 42 U.S.C. § 1983. We affirm that decision because the Fortners have not shown the magistrate’s findings were clearly erroneous.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged constitutional violation.
Ott v. City of Milwaukee · filed 2014-09-19
Liability under 42 U.S.C. § 1983 depends on personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; denying a prisoner’s grievance alone does not establish it.
Morales v. Fischer · filed 2014-09-22
Denial of a grievance alone is insufficient to show personal involvement.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the alleged violation.
De Jesus v. Odom · filed 2014-09-23
Because § 1983 requires a showing of personal involvement, see Minix v. Canarecci, 597 F.3d 824, 833–34 (7th Cir. 2010); Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009), the absence of evidence showing Bacon’s personal involvement dooms his claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.
New York State United Teachers v. State · filed 2014-09-23
Because personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under section 1983, the complaint is dismissed against the individual defendants.Read the full opinion on CourtListener →
Section 1983 requires allegations of each individual defendant’s personal involvement in the alleged wrongdoing to state a plausible claim against that defendant.
Campbell v. Conroy · filed 2014-09-23
Without allegations of personal involvement in the alleged wrongdoing, plaintiff cannot maintain a plausible § 1983 claim against the individual defendants he has sued.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.
Richardson v. Pratcher · filed 2014-09-27
“It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... However, Eti-enne’s lack of involvement in the OSC’s decision not to invest in ICV Growth would not exonerate her for potential liability from the adverse action involved in Richardson’s termination.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires a constitutional claim and the defendant’s personal involvement in the alleged harm.
Dickerson v. District of Columbia · filed 2014-09-30
With regard to former Mayor Fenty, however, the plaintiffs’ only apparent theory of individual liability concerns purported constitutional deprivations pursued under 42 U.S.C. § 1983. ... The plaintiffs’ complaint, however, is devoid of constitutional claims and, in any event, they allege no personal involvement on the part of Mayor Fenty with respect to any of the alleged harms that they do identify. Accordingly, the Court will dismiss Adrian Fenty from this case to the extent that he is sued in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking money damages to show that each defendant was personally involved in the constitutional violation.
Boyd v. Arnone · filed 2014-09-30
To recover money damages under § 1983, the plaintiff must show that these defendants were personally involved in the constitutional violations.Read the full opinion on CourtListener →
A damages claim under § 1983 requires the defendant’s personal involvement in the alleged constitutional deprivation.
Matz v. Klotka · filed 2014-10-06
A damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to an alleged constitutional violation.
Solomon v. Carrasco · filed 2014-10-07
The district court properly dismissed Solomon’s Eighth Amendment claim alleging deprivation of outdoor exercise against all defendants other than Carassco and Dailo because Solomon failed to allege facts sufficient to link these defendants to any constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a triable dispute about a defendant’s personal knowledge of or involvement in the alleged constitutional violation to defeat summary judgment.
Stringer v. Jacobs · filed 2014-10-08
The district court properly granted summary judgment on Stringer’s claim against defendants Jacobs and Smith because Stringer failed to raise a triable dispute as to whether they had any personal knowledge of or involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendants were involved in the alleged violation.
Wiggin v. Robideau · filed 2014-10-08
Summary judgment was proper on Wiggin’s claims against all defendants because, even assuming that Wiggin exhausted his administrative remedies, Wiggin failed to raise a genuine dispute of material fact as to whether defendants were involved in any search of his cell, and whether their four-day delay in providing him legal copies and an alleged disciplinary warning would have chilled or silenced a person of ordinary firmness from exercising their First Amendment rights.Read the full opinion on CourtListener →
Section 1983 claims against individual defendants require allegations that those defendants were personally responsible for the claimed deprivation of rights.
Mallgren v. Burkholder · filed 2014-10-08
Section 1983 claims generally must be brought against the individuals personally responsible for the alleged deprivation of constitutional rights, not against the government entities or agencies where those individuals are employed. ... Because Plaintiff has not alleged any claims against any individual Defendants, to the extent he was attempting to do so, Plaintiff has failed to state a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that an individual defendant was personally involved in the constitutional violation.
Fromer v. Corizon, Inc. · filed 2014-10-15
In order for Dr. Marandet to be held hable under § 1983, Mr. Fromer must present evidence that Dr. Marandet was personally involved in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded against that defendant.
McCloud v. Prack · filed 2014-10-28
It is well established that “[personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... There are no allegations indicating that Prack was even aware of plaintiffs removal from protective custody, that he knew of any threats to plaintiffs safety, or that he could otherwise be held liable for the alleged violation of plaintiffs rights. This claim is therefore dismissed.Read the full opinion on CourtListener →
A § 1983 claim against an individual requires the defendant's personal involvement in the alleged constitutional violation.
Sweets v. Wyoming Department of Employment · filed 2014-11-03
A plaintiff alleging a § 1983 claim for denial of his constitutional rights by a natural person must demonstrate that the defendant was personally involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation to support a damages claim.
Levantino v. New York State Police · filed 2014-11-03
In the Court’s view, the Plaintiff fails to set forth sufficient allegations in the proposed amended complaint as to how “John Doe” was personally involved in any constitutional deprivation or deprivation under state law. Accordingly, the Court denies as futile the Plaintiffs cross motion to amend to the extent he seeks to assert any claims against John Doe.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in a constitutional violation for that defendant to be held liable.
Whitley v. Miller · filed 2014-11-06
However, plaintiff has failed to identify a basis in the record to support a finding that either Acting Director Venettozzi or Director Prack were “personally involved” in the violation and therefore they cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; grievances submitted after the alleged deprivation and respondeat superior do not establish it.
Hartmann v. Carroll · filed 2014-11-14
In the entire course of this long-running litigation, Hartmann has cited but one factual nexus linking the defendants and the purported abridgement of Hartmann’s constitutional rights: his own submission of grievances to Carroll and Pierce after the alleged occurrence of the complained-of deprivations, evidence plainly insufficient to establish a § 1983 defendant’s personal involvement. Otherwise, Hartmann’s claims are predicated solely on the operation of respondeat superior and fail to allege the defendants’ “personal involvement in the alleged wrongs,” as required.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the specific constitutional violation alleged.
Edmond v. Raemisch · filed 2014-11-18
Moreover, the complaint failed to establish any plausible facts showing the then-executive director’s personal participation with regard to the payment (or, more precisely, the lack thereof). “But § 1983 imposes liability for a defendant’s own actions—personal participation in the specific constitutional violation complained of is essential.”Read the full opinion on CourtListener →
A § 1983 complaint must allege a connection between the defendants and the conduct alleged to violate a right.
Hardage v. Gullett · filed 2014-11-21
However, Hardage’s complaint fails to state such a claim, or to allege any connection between the defendants and the initial removal of Hardage’s children.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege specific facts showing how each defendant’s own conduct violated a constitutional right.
Cabbil v. McKenzie · filed 2014-12-04
Plaintiffs fail to allege with specificity which Defendant, through his own individual conduct, planted cocaine or falsely claimed that it was present in the basement. For these reasons, Plaintiffs’ claim for illegal seizure fails to state a cause of action.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts linking each defendant to a constitutional violation.
Keith Arline, Jr. v. Ken Clark · filed 2014-12-05
The district court properly dismissed Arline’s action against defendants Vasquez, Clark, and Sherman because Arline failed to allege facts sufficient to link these defendants to any constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to have been personally involved in the alleged violation.
Cotterell v. Gilmore · filed 2014-12-08
However, “it is not enough for the Plaintiff to allege a violation of the Constitution or federal law under Section 1983. The Second Circuit has long recognized that a plaintiff asserting claims under § 1983 must allege the personal involvement of each individual defendant acting under col- or of state law.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for individual liability.
Lin v. County of Monroe · filed 2014-12-08
As discussed in Part IV of this Decision and Order, a defendant must have been personally involved in a constitutional deprivation to be held liable under § 1983. Because Plaintiff is unable to produce any evidence that Sergeant Murphy or an individual named Michael Thompson was personally involved in the alleged excessive use of force and/or assault and battery against him, they are entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Courtney v. DeVore · filed 2014-12-12
Courtney’s claim is valid only against the administrators who personally assigned him to these units.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for the challenged action; chairing a committee does not make a defendant responsible for decisions he did not control.
Lambert v. Adler · filed 2014-12-17
And, as the district court recognized, since Dr. Adler did not control the actions of the committee, he was not personally responsible for its initial decisions — right or wrong — to delay involving an ENT specialist.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal participation in the alleged violation.
Rackley v. Blevins · filed 2014-12-19
And we conclude that Mr. Rackley must show personal participation by the Defendants, and he has failed to do so, at least as to most of the Defendants.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to allege facts showing the defendant personally participated in the alleged constitutional violation.
Scott v. Carlson · filed 2014-12-19
“It is axiomatic that, to prevail on a damages claim for a constitutional violation pursuant to § 1983, the plaintiff must show that the defendant, acting under color of state law, ‘personally participated in the alleged violation.’” ... We agree that Mr. Scott’s Complaint fails to allege facts showing Ms. Carlson’s personal participation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation; another body’s actions cannot be attributed to the defendant without evidence that they acted in concert.
Hicks v. Dotson · filed 2014-12-22
Plaintiff tends to conflate the CRC’s actions and those of Defendant. However, Plaintiff has not established that Defendant acted in concert with the CRC, and thus, the CRC’s actions cannot be attributed to Defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual defendant liable to show that the defendant personally participated in or foreseeably caused the deprivation of a federal right.
Sherman v. County of Suffolk · filed 2014-12-29
However, the Court concludes that the Plaintiff has failed to establish a genuine issue of material fact that any of the Individual Defendants set in motion the events that led to his ultimate determination. In the Court’s view, no rational juror could find that the Plaintiffs termination was a “natural and foreseeable” result of the requirement to perform a certain exercise. Therefore, the Court grants that part of the Defendants’ motion for summary judgment dismissing the Plaintiffs Section 1983 claims against the Individual Defendants..Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have been personally and knowingly involved in the alleged constitutional violation.
Williams v. Savory · filed 2015-01-07
To state a § 1983 claim against an individual defendant, a plaintiff must allege sufficient facts to demonstrate that the defendant was personally and knowingly involved in violating her constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires actual knowledge by the defendants themselves to hold them liable for deliberate indifference to a serious medical need.
Triplett v. Benson · filed 2015-02-03
The district court reasoned that other staff within CCUSO to whom Triplett had complained about his voice should have known something was wrong. Actual knowledge on the part of defendants, however, is required to hold them liable under section 1983.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to have personally participated in, encouraged, condoned, or acquiesced in the rights-violating conduct.
Ayala-Padró v. Municipality of Arroyo · filed 2015-02-03
Each defendant must have personally participated in, encouraged, condoned, or acquiesced in rights-violating conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.
Greene v. Cook County Sheriff's Office · filed 2015-02-04
For Defendant Holbrook to be individually liable under § 1983, he must have been “personally involved” in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires allegations showing how each individual defendant personally violated the plaintiff’s rights; blanket allegations against a group are insufficient.
Sterrett v. Cowan · filed 2015-02-04
Blanket acts alleged against all individual defendants cannot be ascribed to each individual defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to establish an individual defendant’s personal involvement in the alleged constitutional deprivation.
Watts v. New York City Police Dep't · filed 2015-02-17
Thus, a claim against an official in his individual capacity under § 1983 will fail if the plaintiff fails to establish the personal involvement of the defendant.Read the full opinion on CourtListener →
A § 1983 sex discrimination claim against an individual requires that defendant’s personal involvement and discriminatory purpose.
Richardson-Holness v. Alexander · filed 2015-02-19
Discriminatory purpose, nowhere alleged as to Cum-berbatch and Martin, is essential to imposing liability under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose nonconspiratorial group liability on officers; liability requires evidence of each defendant’s personal involvement.
Corley v. Shahid · filed 2015-03-05
There is no non-conspiratorial theory of “group liability” under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued individually to have been personally involved in the deprivation or causally connected to it.
Spence v. Nelson · filed 2015-03-06
The plaintiff “must establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.”Read the full opinion on CourtListener →
Notes 73051–73200 of 89,157, oldest cases first.
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