Statute Annotations › Federal › 42 U.S.C. § 1983

42 U.S.C. § 1983

Civil action for deprivation of rights: the cases that interpreted this section

Jurisdiction
Federal
Case notes
89,157
Cited in passing
112,171
Citing cases indexed
283,166
Case dates
1955–2022
Screened through
2022-11-02
Checked for later law changes
2026-10-17
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

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

A § 1983 complaint must allege facts showing how each named defendant violated the plaintiff’s federal rights.

Christian v. Hale · filed 2018-11-07

In order to satisfy this burden, the plaintiff must include factual statements in the complaint, including dates and events, which set forth how each named defendant allegedly violated Plaintiff’s civil or constitutional rights.
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Section 1983 requires a plaintiff to establish each defendant’s personal involvement in the alleged violation.

Damiani v. Duffy · filed 2018-11-09

First, Damiani cannot establish the personal involvement of any defendant for his excessive force claims, or for the majority of his failure to intervene claims.
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Section 1983 does not make a police sergeant liable for other officers' alleged excessive force based solely on his higher rank.

Williams v. Goodfriend · filed 2018-11-16

The mere fact that Pancoe held a higher rank than the other officers is not enough to render him liable for the other officers' alleged use of excessive force.
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Section 1983 requires a plaintiff to explain how each individual defendant was personally involved in violating the plaintiff’s rights.

Hay v. George Hill Corr. Facility · filed 2018-11-16

However, he is still obligated to explain how each individual named in the Amended Complaint was personally involved in the violation of his constitutional rights, whether due to the prison official's own misconduct or the official's deliberate indifference to known deficiencies in a policy or procedure that violated Hay's rights.
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Section 1983 requires personal involvement in the alleged deprivation; a prison doctor who lacks authority to arrange, authorize, or pay for surgery is not liable for its absence.

Delaughter v. Woodall · filed 2018-11-19

The record supports Dr. Woodall’s assertion that he has no authority to authorize, schedule, or pay for Delaughter’s surgery. The record includes Dr. Woodall’s unrebutted affidavit in which he states that he is neither equipped nor authorized to perform surgery, nor can he schedule, authorize, or arrange for off-site surgery. Since the lack of surgery is the only claimed “deliberate indifference,” and this is out of Dr. Woodall’s hands, we conclude that Delaughter did not raise a fact issue sufficient to defeat summary judgment.
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Section 1983 bars vicarious liability for an individual official; the plaintiff must allege the official’s personal involvement in the constitutional deprivation.

Proctor v. District of Columbia · filed 2018-11-27

The Amended Complaint fails to allege that Deputy Mayor Chung was personally involved in any alleged constitutional violation. In short, the Complaint seeks to hold Deputy Mayor Chung personally liable under vicarious liability, which is barred by Section 1983.
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A § 1983 plaintiff must allege facts showing the defendant’s personal involvement in the alleged harm.

Wyatt v. Sundaram · filed 2018-12-03

To the extent that Wyatt sought to allege a deliberate indifference claim related to his orbital bone fracture, the district court properly determined that Wyatt failed to allege facts sufficient to show that defendant was involved in the treatment of that injury.
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Section 1983 does not impose liability for failing to investigate a prison grievance when the official was not personally involved in the underlying deprivation.

Ames v. Baldwin · filed 2018-12-07

Rather, Plaintiffs argument relates entirely to Hudson’s failure to adequately investigate a prison grievance, (R. 134, Resp. at 14-15), which is not a cognizable claim under Section 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional wrong; generalized allegations against a group do not establish individual liability.

Park v. Temple University · filed 2018-12-11

In general, “[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[.]’” Baraka v. McGreevey, 481 F.3d 187, 210 (3d Cir. 2007) (citations omitted). ... Consequently, Park has failed to state a due process claim against Sperrazza and we will affirm the District Court’s dismissal of that claim against her.
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Section 1983 requires a plaintiff seeking personal liability to show that the official personally participated in the deprivation of the plaintiff’s rights.

Williamson v. Stirling · filed 2018-12-21

To establish personal liability under § 1983, however, the plaintiff must “affirmatively show[] that the official charged acted personally in the deprivation of the plaintiff’s rights.”
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Section 1983 requires a plaintiff to allege that a specific defendant was responsible for the challenged action.

Walker v. Bertsch · filed 2018-12-21

We conclude that Walker did not state a due process claim regarding the prison’s grievance system, as the grievance process does not give rise to a liberty interest requiring due process protection, see Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (per curiam); he did not allege that any specific defendant was responsible for his placement in a special administrative unit, see Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir. 1999); and he did not state a claim regarding the deprivation of his property during that placement, as prison officials may limit personal property in administrative segregation, see Hosna v. Groose, 80 F.3d 298, 305 (8th Cir. 1996).
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Section 1983 requires a defendant's personal involvement in the alleged constitutional violation; direct participation can satisfy that requirement without a supervisory liability theory.

Bueno v. Chekush · filed 2018-12-21

"Personal liability under § 1983 must be based on personal involvement in the alleged constitutional violation." ... But Plaintiff need not rely upon a theory of supervisory liability because he has plausibly alleged that Defendants directly participated in the alleged retaliation.
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Section 1983 requires evidence of an officer’s personal involvement to hold that officer liable for excessive force.

Jomear Martin v. City of Newark · filed 2018-12-28

Without evidence of Johnson’s “personal involvement in the alleged violation,” the plaintiff’s claim that Johnson used excessive force must fail.
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Section 1983 requires a plaintiff to allege an individual defendant’s personal involvement in the constitutional deprivation.

Marentette v. City of Canandaigua · filed 2019-01-08

As it relates to their alleged individual liability under § 1983, Plaintiff has failed to allege any personal involvement by these three individual defendants in the deprivation of Plaintiff's right to petition the government for redress.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Adams v. Simone · filed 2019-01-10

Because Adams presented no evidence that Simone was personally involved either in her detention or in any warrantless entry into her home, the district court properly granted the defendants’ Rule 50 motion as to Simone at the time Adams had rested her case.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability.

Williams v. Swenson · filed 2019-01-10

Without any personal connection to these grievances, Parker cannot be liable under 42 U.S.C. § 1983.
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Section 1983 permits individual capacity claims when the allegations sufficiently link the defendants to the alleged violation.

Hurlbut v. Clark · filed 2019-01-15

Bearing this in mind, the Court finds that Plaintiff’s allegations are sufficient to state individual capacity claims against Defendants Jarrett, Clemons, Walter, Trobradovie, Delaney, McDonnell, and Bolden. Thus, those claims should not be dismissed for failure to allege a causal link between those defendants and Plaintiff’s claims.
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Section 1983 imposes individual liability only when the defendant caused or participated in the constitutional deprivation.

Conner v. Vacek · filed 2019-01-17

Section 1983 creates a cause of action based on personal liability and predicated on fault; to be held liable, an individual must have caused or participated in a constitutional deprivation.
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Section 1983 requires a showing that the named defendants personally violated the plaintiff's rights.

Johnson v. Miller · filed 2019-01-28

A claim under 42 U.S.C. § 1983 requires a showing that the named defendants personally violated the plaintiff's rights.
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Section 1983 requires each defendant to be personally involved in the alleged constitutional violation.

Hines v. Youseff · filed 2019-02-01

An official is liable under § 1983 only if “culpable action, or inaction, is directly attributed to them.”
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Section 1983 permits a claim against a supervisor when the complaint sufficiently alleges his personal involvement through knowledge of and failure to stop employees’ retaliation.

Borrero-Bejerano v. Comwlth of PA, DOC · filed 2019-02-08

We hold the complaint avers sufficient facts in support of Kauffman’s alleged personal involvement to support a Section 1983 claim against him at the preliminary objection stage.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; an official’s written order directing the challenged conduct can establish that involvement at the pleading stage.

Curtis v. Wetzel · filed 2019-02-13

In light of this statement from a prison official that Defendants Wetzel and Klopotoski issued a written order to Curtis, we conclude that the District Court erred in granting a motion to dismiss on the ground that those defendants had no apparent personal involvement.
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Section 1983 requires a defendant to be personally involved in or directly responsible for the incident that caused the injury.

McRae v. Bradshaw · filed 2019-02-14

To state a § 1983 claim against a defendant, Plaintiff must allege a defendant “was personally involved in or had direct responsibility for incidents that” resulted in injury.
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Section 1983 requires allegations of wrongdoing by each defendant against whom a claim is asserted.

Harnage v. Lightner · filed 2019-02-15

The District Court correctly concluded that the amended complaint fails to allege any wrongdoing by three named defendants: Surgical Intern Shari, Dr. Wu, and Dr. Giles.
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Section 1983 permits group pleading at the motion to dismiss stage when the complaint alleges that each defendant participated in the challenged conduct; the plaintiff must later connect particular defendants to particular injuries.

Sibley v. Dart · filed 2019-02-19

Plaintiff alleges that each Defendant participated in this challenged conduct. ... The Court notes that Plaintiff must eventually tie particular Defendants to particular injuries to survive summary judgment. But at the motion to dismiss stage, Plaintiff’s group pleading—although not ideal—is not prohibited.
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Section 1983 does not require personal participation in a constitutional deprivation if the plaintiff establishes the required causal connection.

Sheffield v. City of Boston · filed 2019-02-22

Personal participation by an individual in the deprivation of a constitutional right is not required to establish liability under § 1983, so long as plaintiff establishes the requisite causal connection.
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Section 1983 requires proof that each individual defendant was personally involved in the alleged rights violation.

Kingsley v. Lawrence County, Missouri · filed 2019-02-25

Because a § 1983 plaintiff must show “each individual defendant’s personal involvement in the alleged violation,” Defendants DeLay and Berry are entitled to judgment as a matter of law on Count I.
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Section 1983 requires facts connecting each defendant to the alleged deprivation of rights; supervisors cannot be held liable solely because they oversee others.

Bitzan v. Bartruff · filed 2019-02-26

We also agree the district court properly granted summary judgment on Bitzan’s retaliation claims against VanWye, Nelson, Eaves, Dahm, and Bartruff, because Bitzan did not allege any facts connecting those defendants to the challenged actions. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (explaining § 1983 liability requires causal link to, and direct responsibility for, alleged deprivation of rights); Langford v. Norris, 614 F.3d 445, 460 (8th Cir. 2010) (recognizing “prison supervisors . . . cannot be held liable under § 1983 on a theory of respondeat superior,” and may be liable only where their inaction amounts to deliberate indifference to or tacit authorization of violative practices).
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Section 1983 requires a plaintiff suing a state official in an individual capacity to plausibly allege the official’s personal involvement in the alleged constitutional violation or the policy that caused it.

Young America's Found. v. Kaler · filed 2019-02-26

As such, whether suing a state defendant in their official or individual capacity, a plaintiff must plausibly allege that that official had some kind of personal involvement with the purportedly unconstitutional policy or action.
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Section 1983 permits a claim against officials alleged to have personally perpetrated discriminatory harassment.

Gonsalves v. Dart · filed 2019-02-26

Furthermore, as Martin, Infelise, and Valencia were the alleged perpetrators of this hostile work environment, the complaint sufficiently states a claim for violation of § 1983 against them in Counts V and VI.
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A § 1983 claim against a state employee requires plausible allegations that the employee was personally involved in the challenged action or policy.

Young America's Foundation v. Berthelsen · filed 2019-02-26

As such, whether suing a state defendant in their official or individual capacity, a plaintiff must plausibly allege that that official had some kind of personal involvement with the purportedly unconstitutional policy or action. ... First, the Court finds that the Complaint presents more than a “sheer possibility” that Clark and Berthelsen were personally involved with the LSEP, including its application to the Shapiro speech. ... By contrast, the Court finds that the Complaint’s allegations of “personal involvement” fall short with respect to President Kaler.
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Section 1983 does not permit liability based solely on respondeat superior; a defendant must be personally involved through personal direction, actual knowledge, or acquiescence.

Henry v. Warden James T Vaughn Corr · filed 2019-03-01

Because this is an action under § 1983, Henry cannot rely solely on respondeat superior as a theory of liability; rather, he must show that the defendants were personally involved in his medical treatment by alleging personal direction, actual knowledge, or acquiescence.
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Section 1983 permits a due process claim against individuals directly responsible for the alleged deprivation.

Eaton v. Town of Townsend · filed 2019-03-06

However, Eaton may only seek to hold liable the individuals who were directly responsible for any alleged due process deprivation, that is, the BOS.
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Section 1983 does not impose liability for denied medical care on officials when the evidence does not show that they denied treatment or knew of the prisoner’s medical needs.

Sears v. Warden Okeechobee Correctional Institute · filed 2019-03-11

Further, assuming that Sears was denied medical care by prison officials, there is no evidence that Thomas, Quinones, and Brown were the officials who deliberately denied him treatment. Thus, a reasonable fact-finder could not find that Thomas, Quinones, and Brown deliberately delayed or denied him access to medical care for reasons that amounted to more than negligence, as he admits that he never made his medical needs known to them.
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Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional deprivation.

Ruby Rodriguez v. Milwaukee County, Wisconsin · filed 2019-03-14

Rodriguez attempts to attribute her entire 13-hour detention to Porter, but an individual “cannot be held liable in a § 1983 action unless [s]he caused or participated in an alleged constitutional deprivation.”
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Section 1983 permits an unlawful arrest claim against individual officers when the complaint alleges that they participated in the arrest.

Smith v. City of New York · filed 2019-03-14

The foregoing states a cause of action under 42 USC § 1983 against the individual defendants ( see Shelton v New York State Liq. Auth. , 61 AD3d 1145, 1148 [3d Dept 2009]; Littlejohn v City of New York , 795 F3d 297, 314 [2d Cir 2015]). At this procedural juncture, it is not necessary for plaintiff to allege that any of the individual defendants did any more than participate in his unlawful arrest.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Troutwine v. Kuhse · filed 2019-03-15

In other words, deliberate indifference claims require “actual knowledge of an impending harm,” Santiago v. Walls, 599 F.3d 749, 756 (7th Cir. 2010), a rule rooted in the well-established principal that individual liability under § 1983 requires “personal involvement in the alleged constitutional deprivation,” Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014).
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A supervisor’s position and a letter alerting him to an unmet medical need can support an inference of personal involvement under § 1983.

Clemons v. Wexford Health Services, Inc. · filed 2019-03-16

Similarly, here, Dr. Funk’s position, combined with the fact that Clemons sent a letter directly to Dr. Funk requesting Dr. Funk’s assistance in obtaining his prescribed custom-fitted therapeutic shoes, is sufficient for this Court to infer that Dr. Funk was at least partly responsible for Clemons’s inadequate medical care.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; a jail administrator is not liable solely because of his position.

McRae v. Bradshaw · filed 2019-03-19

Other than Plaintiff’s bare bone allegations, there is nothing in the summary judgment record to demonstrate Defendant Owens was personally involved in Plaintiff’s medical care at the OCDC or that he had any direct responsibility for any alleged delay in the care Plaintiff was provided.
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Section 1983 requires a causal connection between each defendant and the alleged misconduct.

Wade v. Ramos · filed 2019-03-19

Liability under Section 1983 is predicated upon fault, requiring a plaintiff to “demonstrate a causal connection between (1) the sued officials and (2) the alleged misconduct.”
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed violation.

Hermann v. Dunn County · filed 2019-03-20

Third, the Hermanns failed to allege any personal involvement of the county treasurer or corporate counsel, as required under § 1983.
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Section 1983 requires a plaintiff seeking to hold an individual liable to allege that the defendant caused or participated in the constitutional violation.

Canada v. Hall · filed 2019-03-21

In order to hold an individual liable for an alleged constitutional violation under 42 U.S.C. § 1983, a plaintiff must allege that the individual defendant caused or participated in the constitutional violation at issue.
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Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the claimed constitutional violation.

Thomas v. Corbett · filed 2019-03-22

The plaintiff must, therefore, allege that the individual had personal involvement in the alleged violations. ... We agree that Thomas does not allege that Governor Corbett was personally involved in any of the alleged wrongs done to him. Such a claim cannot, therefore, be brought against Governor Corbett.
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Section 1983 requires a causal connection between each defendant and the alleged misconduct; officers who neither made nor knew of alleged omissions from a warrant application are not liable for them.

Wade v. Ramos · filed 2019-03-22

There is simply no basis for a reasonable jury to conclude that either Frano or Reina omitted information from the criminal complaint or were aware of another officer’s omissions. For that reason, both are entitled to summary judgment on Count II.
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Section 1983 permits personal liability for officers who enforce an unconstitutional policy even if they did not create it.

Nicholas v. Bratton · filed 2019-03-26

Accordingly, so long as Davis and DeBonis's acts of confining the civilian press to the designated press area and of expelling Nicholas from the scene for his violation of the "frozen zone" were effectuated pursuant to the City's unconstitutional restrictions on newsgathering, they may be held personally liable under Section 1983. ... Accordingly, Davis and DeBonis's motion for summary judgment on the basis of their limited personal involvement in Plaintiff's alleged constitutional injury is denied.
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Section 1983 requires an individual defendant’s personal involvement in the constitutional deprivation for liability.

Jackson v. Harvey Park District · filed 2019-03-26

To hold the individual defendants liable for retaliation, Jackson must be able to demonstrate that they were personally involved in the constitutional deprivation. See Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010). For this reason, he cannot maintain this claim against Patterson.
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Section 1983 permits a damages claim against an individual official when the complaint plausibly alleges her personal involvement in a constitutional deprivation.

Davis v. N.Y.C. Hous. Auth. · filed 2019-03-29

"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." ... The Court concludes that these facts are sufficiently well pleaded to plausibly allege Olatoye's personal involvement in the challenged conduct, such that dismissal of the claims against the individual Defendant is inappropriate at this stage.
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Section 1983 requires facts linking each defendant to the alleged deprivation; a position of authority alone does not establish liability.

Garcia-Perales v. Rivera-Schatz · filed 2019-03-31

And although Plaintiffs do describe Redondo-Santana and Figueroa-Torres' duties and functions within the OSC, Section 1983 "liability cannot rest solely on [these co-Defendants'] position[s] of authority" within that office.
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Section 1983 requires evidence that a defendant’s conduct caused the alleged deprivation of a constitutional right.

Lawson v. Carney · filed 2019-04-05

The district court properly granted summary judgment on Lawson’s free exercise claim because Lawson failed to raise a genuine dispute of material fact as to whether defendants engaged in any conduct that caused a deprivation of his free exercise rights.
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A Section 1983 claim against an individual defendant requires proof that the defendant personally violated the plaintiff’s constitutional rights.

Eilen v. Minneapolis Public Schools · filed 2019-04-10

To prevail on a § 1983 claim against Ward, Eilen must show that Ward personally violated her constitutional rights.
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Section 1983 requires personal involvement in the alleged deprivation; supervisory status alone does not establish liability.

Leyva v. Lunford · filed 2019-04-11

Other than Plaintiffs sparse allegations in his Complaint, there is nothing in the summary judgment record to demonstrate that Sergeant Lunsford was personally involved in Plaintiff's medical care at the WCDC or that he had any direct responsibility for any alleged delay in the care Plaintiff was provided.
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A § 1983 claim cannot be resolved on summary judgment for lack of a defendant’s personal involvement when the evidence leaves that involvement in dispute.

Nifas v. S. Darr and A. Weimer · filed 2019-04-18

As for the issue of whether summary judgment was proper because Nifas did not have proof establishing the individual involvement of Darr and Weimer, we note that issues of material fact remain that preclude resolution of that question at this stage. Defendants rely upon Darr’s affidavit denying her individual involvement, but Nifas contests this in his deposition; thus Defendants are not entitled to judgment as a matter of law.
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Section 1983 requires a causal link between an official’s conduct and a constitutional deprivation; an official must have the ability to act on the challenged condition.

Santiago v. Rabideau · filed 2019-04-18

That is, the officer must be able to take some action. ... Nothing suggests that either Defendant had the authority to remedy the conditions in F-House. Indeed, Santiago does not address this matter at all. Accordingly, he has not demonstrated that an issue of material fact exists, and Defendants’ Rule 56 Motion for Partial Summary Judgment is granted as it concerns Wright and Franklin on the Eighth Amendment claim.
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A plaintiff must raise a genuine factual dispute about a defendant’s personal participation in the alleged deprivation to sustain an individual-capacity § 1983 claim at summary judgment.

Gayler v. Hdsp · filed 2019-04-22

The district court properly granted summary judgment on Gayler’s individual capacity claims because Gayler failed to raise a genuine dispute of material fact as to whether any of the defendants personally participated in the alleged deprivations. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (elements for supervisory liability under § 1983).
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Section 1983 liability requires personal involvement; failing to take corrective action in response to an inmate grievance or complaint does not establish it.

Cooper v. Woodall · filed 2019-04-24

Furthermore, a failure to take corrective action in response to an inmate grievance or complaint does not supply the necessary personal involvement for § 1983 liability.
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Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation.

Gibson v. Washington State Department Of · filed 2019-04-25

The district court properly granted summary judgment on Gibson’s deliberate indifference claim against defendant Fetroe arising from the delay in Gibson’s medical treatment because Gibson failed to raise a genuine dispute of material fact as to whether Fetroe was personally involved in the delay of Gibson’s treatment.
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Section 1983 requires a plaintiff to allege facts linking the defendants to a constitutional violation.

Green v. Hathaway · filed 2019-04-25

The district court properly dismissed Green’s action because Green failed to allege facts sufficient to link defendants to any constitutional violation.
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Section 1983 requires allegations of wrongful conduct by the defendant; responding after an injury alone does not state a claim.

Joyce v. Shelby County Division of Corrections · filed 2019-04-25

Joyce also fails to state a claim under 42 U.S.C. § 1983 against Defendant Douglass, as there are no allegations in the complaint that his actions were wrongful.
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Section 1983 requires personal involvement to hold an official individually liable for an alleged constitutional deprivation; the official’s position alone is insufficient.

Caudle v. DeKalb County Illinois · filed 2019-04-30

Plaintiff’s complaint contains no facts to support a position that defendants Campbell or Schmack had personal involvement in plaintiff’s alleged constitutional deprivation. Additionally, defendants’ positions as former State’s Attorneys for DeKalb County likewise provide no basis for liability.
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Section 1983 requires a prison superintendent’s personal involvement in an alleged constitutional violation; receiving a grievance or holding a supervisory position alone is insufficient.

Ward v. Capra · filed 2019-04-30

Nor is Capra liable merely because of the supervisory nature of his position, for “mere linkage in the prison chain of command is insufficient to implicate a . . . prison superintendent in a § 1983 claim.” ... Accordingly, Plaintiff fails to state Capra’s personal involvement in the alleged constitutional violation.
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Section 1983 requires a plaintiff to show how each defendant was personally involved in the alleged constitutional wrong.

Phillips v. Board of County Commissioners of Tulsa County · filed 2019-05-01

To state a constitutional claim under 42 U.S.C. § 1983, a plaintiff must demonstrate how each defendant was personally involved in the alleged wrongdoing.
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Section 1983 requires an individual defendant to have played an affirmative part in the alleged wrongdoing.

Odi v. Alexander · filed 2019-05-02

It is well established that an individual defendant may not be subject to liability under Section 1983 unless that individual played an affirmative part in the alleged wrongdoing. ... Because no factual basis exists to establish the personal involvement of any of the Defendants in the alleged violations of Ms. Odi's rights, all of the Defendants are entitled to summary judgment.
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Section 1983 personal liability requires facts showing a defendant’s personal involvement in the deprivation of constitutional rights.

Howard v. Whataburger · filed 2019-05-07

Here, Plaintiff has failed to allege that Defendants Tribble and White had any personal involvement in the violation of his constitutional rights.
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Section 1983 requires a defendant to be personally responsible for the violation of the plaintiff’s constitutional rights.

Valiant Green v. Beth · filed 2019-05-13

But a defendant can be liable under § 1983 only when he is personally responsible for the violation of the plaintiff’s constitutional rights, including when the violation occurs at a defendant’s direction or with his knowledge or consent.
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Section 1983 imposes individual liability only when a defendant’s own actions violate the Constitution.

Martz v. Simmons · filed 2019-05-14

To be held individually liable under section 1983, a defendant must, through his own actions, have violated the Constitution.
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Section 1983 permits a claim against defendants whose personal participation in the alleged constitutional violation can plausibly be inferred from the complaint.

Aresaba v. Calloway · filed 2019-05-16

Liberally construed, Plaintiff’s transport to an outside hospital permits a plausible inference that Defendants White, Calloway, and the Doe Defendants were aware of Plaintiff’s condition and that they each played some role in the (1) medical decision regarding the need for treatment at an outside hospital; and (2) the logistics surrounding the actual transport.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Johnson v. Doty · filed 2019-05-16

In sum, although Plaintiff clearly alleges the personal involvement of Kitt in the alleged free exercise violation, he does not allege sufficient facts to plausibly suggest the personal involvement of Father Paul, Imam Nashid, or Doty.
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Section 1983 requires facts showing a defendant’s personal involvement in the alleged violation; denying grievances alone does not establish involvement in a prisoner’s dental treatment.

Holloway v. Honaker · filed 2019-05-16

The Court agrees with Judge Mitchell’s finding that Plaintiff has failed to allege sufficient facts in his Complaint to demonstrate that Defendants Honaker, Byrd, and Rashti “had any personal involvement in in his dental treatment or treatment decisions” beyond denial of grievances or that Defendant Knight “was deliberately indifferent to his dental well-being.” Report at 10, 12.
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A § 1983 complaint must identify each individual defendant and describe what that defendant did or failed to do to violate the plaintiff’s rights.

Bey v. ACS · filed 2019-05-20

Plaintiff alleges that Defendants are violating his right to equal protection and due process, but he does not explain who the individual Defendants are what they specifically did or failed to do that violated Plaintiff’s constitutional rights.
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A Section 1983 claim against an individual defendant requires that defendant’s personal involvement in the alleged deprivation of constitutional rights.

Grant v. Thomas · filed 2019-05-20

To state a Section 1983 claim, plaintiff must allege defendants’ personal involvement in an alleged deprivation of plaintiff’s constitutional rights.
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A § 1983 retaliation claim requires a causal connection between each officer and the alleged retaliation; an officer may cause it by acting directly or by setting others in motion.

Flynn v. City of Santa Clara · filed 2019-05-22

To be clear, a causal connection could be shown if a police officer knew about the Flynns' speech and did something himself or herself, or if the officer knew about the Flynns' speech and had someone else take action against the Flynns. ... The Court therefore finds that dismissal of the individual officers, other than Officer Cusimano, is appropriate because of the "lumping" problem.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.

Balde v. Basso · filed 2019-05-23

“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [section] 1983.” Colon, 58 F.3d at 873 (internal quotation marks and citation omitted). There is no evidence on the record from which a reasonable fact finder could infer personal involvement of any named officer when Balde was allegedly thrown on the ground.
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Section 1983 requires facts showing that each named defendant was involved in the alleged violation of the plaintiff’s constitutional rights.

Goode v. Westchester County · filed 2019-05-24

As discussed below, a § 1983 action only survives a motion to dismiss if the facts in the complaint show that the named defendants were involved in the violations of the plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in the alleged constitutional violation.

James-Bey v. N.C. Dept. of Public Safety · filed 2019-05-28

In his amended complaint, Plaintiff must allege how each individual Defendant personally participated in the alleged violations of constitutional rights.
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Section 1983 requires allegations of a defendant’s personal involvement; identifying someone as a supervisor without alleging what that person did is insufficient.

Carno v. Correct Care Solutions, LLC · filed 2019-05-28

Plaintiff does not allege that he ever interacted with either of the individually named Defendants during his entire medical ordeal, or ever, and does not explicitly or implicitly allege what, if any, decisions those individuals made regarding his treatment. The Court therefore dismisses the Section 1983 claims asserted against both of them.
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Section 1983 requires a defendant’s personal participation in the complained-of conduct; supervisory status alone is insufficient for liability.

Ballandby v. Precythe · filed 2019-05-28

Furthermore, supervisory status alone is insufficient to support liability under § 1983.
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Section 1983 does not support a claim against an attorney based solely on representing a defendant in the suit when the attorney had no involvement in the underlying events.

Michelson v. Duncan · filed 2019-06-03

Mr. Beck is Mr. Gage’s attorney in this matter and had no alleged involvement in the underlying incidents. His involvement in this § 1983 case as Mr. Beck’s advocate is completely separate from Gage’s underlying actions and do not implicate Plaintiff’s constitutional or statutory rights.
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Section 1983 requires a plaintiff to allege a defendant’s direct and personal involvement in the alleged constitutional deprivation.

DeLeon v. Sergio · filed 2019-06-03

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Defendant Dr. Sergio was personally involved in the events underlying his claims.
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Section 1983 requires a plaintiff to establish the defendant’s personal participation in the alleged constitutional violation.

Hooks v. Bethany Police Department · filed 2019-06-04

To establish his § 1983 claim, Plaintiff must establish Defendant Atoki’s personal participation in an alleged violation of Plaintiff’s constitutional right, namely, the right of a pretrial detainee to be adequately protected from inmate violence.
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Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional deprivation.

Doe v. City of Naperville · filed 2019-06-05

Carlson is not liable for whatever may have happened next. See, e.g., Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983) (“An individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation.”) (emphasis in original).
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A § 1983 claim against an individual fails when the complaint does not adequately plead that the individual caused the alleged unlawful arrest.

Mauler v. Arlotto · filed 2019-06-06

The district court found that Mauler failed to adequately plead that Czach caused Mauler’s allegedly unlawful arrest. We agree and therefore affirm the portion of the district court’s order dismissing the claims against Czach.
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A § 1983 claim against an individual defendant requires allegations of that defendant’s unlawful conduct; general allegations about a group are insufficient.

Long v. Jackson · filed 2019-06-06

Long names two Defendants in his complaint but does not allege any unlawful action taken by either of them. ... As it stands, Long’s general allegations are insufficient to state a claim against any individual Defendant.
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Section 1983 requires facts showing that a supervisor maintained an unconstitutional policy to establish personal involvement on that basis.

Booker v. Griffin · filed 2019-06-07

The bare allegation that a defendant maintained a policy by which a plaintiff was deprived of his constitutional rights, without facts to show that the defendant maintained that policy, is not enough for personal involvement under § 1983.
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Section 1983 allows an officer to be held personally liable for directly using excessive force or for observing it and failing to prevent it when able to do so.

Fazica v. Jordan · filed 2019-06-10

We reject Defendants’ argument and conclude that a reasonable jury could find that each of the named Defendants violated Fazica’s clearly established constitutional rights either by directly using excessive force against her or by observing others doing so and failing to act.
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Section 1983 requires a defendant to be personally involved in or causally connected to the alleged constitutional violation.

Davis v. Turner · filed 2019-06-10

Davis has not demonstrated that Defendant Knighten nor Marshall Turner were personally involved in the alleged constitutional violation, or that they were connected to it.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Birchall v. Annucci · filed 2019-06-11

Personal involvement in an alleged constitutional violation is a prerequisite to any Section 1983 claim.
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Section 1983 requires a prison official’s personal involvement in an alleged constitutional deprivation; an official who neither knew of nor participated in it cannot be held liable.

Williams v. Vipin Shah · filed 2019-06-12

Because the Warden and Director did not know that the inmates were being deprived of adequate nutrition and were not personally involved in delivering the purportedly deficient meals, they may not be held liable under section 1983.
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Section 1983 requires a plaintiff to allege a specific injury caused by a particular defendant’s conduct and an affirmative link between that injury and a violation of federal rights.

Rowan v. State of Hawaii · filed 2019-06-12

A plaintiff must also allege that he suffered a specific injury as a result of a particular defendant’s conduct and an affirmative link between the injury and the violation of his rights. ... He names only the State, he identifies no basis for this Court’s jurisdiction, he asserts no coherent statement of facts in support of any claims, he fails to explain what injury he has suffered or link a Defendant to that injury, and he fails to assert any prayer for relief. Rowan’s complaint is therefore DISMISSED for his failure to state a cognizable claim for relief, with leave granted to amend.
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Section 1983 requires specific factual allegations showing each defendant’s personal involvement in the alleged deprivation.

Jamiel v. Fries · filed 2019-06-14

Accordingly, to survive a motion to dismiss, a complaint must include specific factual allegations as to how each defendant is personally involved in the alleged illegal activities.
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Section 1983 requires a causal link between a defendant’s conduct and the deprivation of rights for personal liability.

Everhart v. Flournoy · filed 2019-06-17

Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.
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Section 1983 does not impose liability on officers for involuntary medication they lacked authority to order when the plaintiff has not shown that their conduct caused the medical decision.

Powell v. Staycoff · filed 2019-06-19

Under that same rationale, Powell’s ketamine-based § 1983 claims must be dismissed because the officers had no authority to order the medication.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Hyatt v. Marchant · filed 2019-06-21

Finally, regarding Dittman, Hyatt did not allege that she was ... personally involved in his care, so she could not have been deliberately indifferent to his condition.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; instructing a prisoner how to request soap does not establish it.

Kokinda v. Pennsylvania Department of Cor · filed 2019-06-24

Moreover, UM Mankey’s response instructing Kokinda how to make a proper request for certain soap does not ... amount to personal involvement within the meaning of § 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory rank alone does not establish liability.

Pine v. Annucci · filed 2019-06-24

Personal involvement in an alleged constitutional violation is a prerequisite to any Section 1983 claim.
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Section 1983 liability for failing to protect an inmate requires sufficient personal knowledge of the specific threat to the inmate’s safety.

Neely v. Bonds · filed 2019-06-25

The amended complaint still does not allege that either Holloway or Parker had sufficient personal knowledge of the specific threat to Neely’s safety to support § 1983 liability.
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Section 1983 requires a defendant’s personal involvement for damages liability; merely being sent a grievance, without investigating or acting on it, does not establish that involvement.

Moore v. NYC Health Hospital · filed 2019-06-26

Where a plaintiff alleges that a particular defendant’s involvement in an alleged constitutional deprivation is limited to being sent a grievance or letter—and does not allege that the defendant personally investigated or acted on the grievance—those allegations are not sufficient to establish either the defendant’s personal involvement or deliberate indifference to the plaintiff’s medical needs.
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Section 1983 requires a plaintiff seeking to hold an official individually liable to plausibly allege that official’s personal involvement in a constitutional violation; supervisory status alone is insufficient.

Knight v. New York State Department of Corrections · filed 2019-06-26

Nor does Dr. Dinello’s supervisory status alone establish his personal involvement. ... Therefore, Plaintiffs fail to plausibly allege the personal involvement of Dr. Dinello in any constitutional violation.
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Section 1983 requires allegations that each defendant was personally involved in the conduct at issue.

Snow v. Kentucky State Reformatory · filed 2019-06-27

Plaintiff has not alleged any personal involvement by Erwin, Holcomb, or Kaelin, and the claims against these Defendants must be dismissed.
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Section 1983 does not impose individual liability for excessive force on an officer who did not perform the challenged frisk.

Hunt v. Johnston · filed 2019-07-01

There is no dispute that Johnston was not the officer who frisked Hunt (See ECF Nos. 25-1, 28, 41.) Further, Hunt seeks to dismiss Johnston from Count I so that he can correctly name the officer. (ECF No. 41.) Therefore, summary judgment shall obviously be granted to Johnston with regard to the excessive force claim in Count I.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional violation; defendants alleged to have participated equally may be treated alike when they offer no basis to distinguish their liability.

Colbruno v. Kessler · filed 2019-07-02

"Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation," so "we must examine the allegations in the complaint as to each individual appellant to determine whether a plausible claim for relief is stated." ... But because Plaintiff alleges that all six Defendants participated equally in walking him into the hospital without clothes on, and Defendants make no argument that they are differently situated with regard to liability, we will treat them all the same for purposes of this appeal.
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A § 1983 claim against a warden must allege the warden’s personal participation in the deprivation of constitutional rights.

Harris (ID 113548) v. Palm · filed 2019-07-02

The Court also found that Plaintiff failed to allege personal participation by the wardens in the deprivation of his constitutional rights. ... IT IS THEREFORE ORDERED THAT this case is dismissed for failure to state a claim.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; merely denying or ignoring an inmate’s grievance does not establish supervisory liability.

Dixon v. Fishkill Correctional Facility · filed 2019-07-02

Mere allegations that a supervisory defendant denied or ignored an inmate’s grievances do nothing to show how the defendant was involved in alleged constitutional violations; personal involvement requires more.
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Section 1983 requires a complaint to allege each defendant’s personal participation in the challenged conduct.

Davis v. State of Utah, The · filed 2019-07-08

In order to state a claim under 42 U.S.C. § 1983, a complaint must allege personal participation by the defendant.
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Section 1983 requires a plaintiff pursuing individual-capacity claims to identify what each official allegedly did; collective allegations are insufficient.

Williams v. Utah Department of Corrections · filed 2019-07-08

To the extent he argues that his collective characterization of the defendants is sufficient to sustain any personal-capacity claims, see id. at 10, his argument is insufficient. He has not explained which of the prison-official defendants are liable for what improper conduct.
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Section 1983 claims against individual defendants require allegations of their own misconduct.

LEE v. TRIVETT · filed 2019-07-08

Any claims against Stanley Knight, Raymond Kinison, Jason Servizzi, and Lt. Meyers are dismissed because there are no allegations of misconduct that state a federal civil rights claim made against them.
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Section 1983 personal involvement can be pleaded through a supervisor’s actual knowledge of and acquiescence in the alleged misconduct.

RAYFIELD v. CITY OF PATERSON · filed 2019-07-09

Finally, the Court finds that Plaintiffs have adequately pleaded Fraher’s involvement. “Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence.”
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Section 1983 requires personal involvement in, or direct responsibility for, the alleged deprivation of rights.

McArty v. Faust · filed 2019-07-10

“Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights. ... Thus, Plaintiff has failed to meet proof with proof, as he provides no evidence that Littleton, Jackson, or Outlaw had any role in his alleged retaliatory transfer to the Varner Unit.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Hoskins v. Maitland · filed 2019-07-11

Regarding Sgt. Fisher and the HSU Manager, the complaint fails to state a claim against them because it does not set forth how either were personally involved.
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Section 1983 requires a defendant's personal involvement in an alleged constitutional deprivation for damages.

Malcolm v. Rochester City Sch. Dist. · filed 2019-07-11

Establishing a defendant's personal involvement in the alleged constitutional deprivations is a prerequisite to damages under § 1983.
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A § 1983 claim may proceed when disputed evidence prevents the court from finding that an officer was not personally involved in the alleged retaliation.

Wright v. Smith · filed 2019-07-11

As such, the court cannot determine without making an inappropriate credibility determination that defendant Aymond was not present during or personally involved in the alleged retaliatory events.
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Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

McFadden v. City of New York · filed 2019-07-11

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.
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Section 1983 requires a plaintiff to allege each individual defendant’s personal participation in a constitutional violation.

Washington v. Oklahoma State Department of Human Services · filed 2019-07-12

Because plaintiff does not allege any facts to suggest that defendants Strout, Woodson, or Stinnett “personally participated” in a violation of plaintiff’s constitutional rights, the Court finds that plaintiff has failed to state a § 1983 claim against those three defendants.
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Section 1983 requires a defendant to be personally responsible for the constitutional deprivation.

Johnson v. Parker · filed 2019-07-15

As such, the culpability for not responding to the Offender Request Slips, if any, could not fall on Nurse Parker or Nurse Rue because they were not responsible for seeing that the slips were responded to. See Childress v. Walker, 787 F.3d 433, 439-40 (7th Cir. 2015) (stating that defendant is liable under section 1983 when they are personally responsible for the constitutional deprivation) (internal citation omitted).
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Section 1983 requires allegations connecting a defendant to the claimed wrongdoing; naming a defendant without any allegations against them is insufficient.

Perry v. Burling · filed 2019-07-16

The court will also dismiss K. Thompson as a defendant because the amended complaint does not contain any allegations against this defendant.
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Section 1983’s personal involvement requirement can be satisfied by allegations that an officer knew of a detainee’s serious medical distress but returned him to his cell.

Varela v. Kontagiannis · filed 2019-07-16

Accordingly, Plaintiff alleges personal involvement sufficient to state a claim for relief against her.
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Section 1983 requires a plaintiff to plausibly allege that the defendant actively participated in the alleged constitutional violation.

Cooke v. Bevin · filed 2019-07-16

Cooke must present facts indicating that Governor Bevin actively participated in the alleged constitutional violations to succeed on her claim of retaliatory discharge in violation of the First Amendment pursuant to 42 U.S.C. § 1983.
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Section 1983 requires a defendant to be personally involved in or directly responsible for the constitutional violation.

Holliman v. Snyder · filed 2019-07-17

A defendant may not be held liable under § 1983 unless he was personally involved in or had direct responsibility for the constitutional violation.
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Section 1983 requires an individual defendant’s personal involvement in the alleged retaliation.

Concha v. Purchase College State University of New York · filed 2019-07-17

Thus, Plaintiff's retaliation claim against Aure must be dismissed for lack of personal involvement.
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Section 1983 requires specific allegations connecting each defendant to the alleged deprivation of federal rights.

Padgett v. Jones · filed 2019-07-17

First, Plaintiff does not set forth any specific allegations against Defendants Sheppard and Spangler in his complaint. As such, the complaint fails to state a claim upon which relief may be granted under § 1983 as to these Defendants.
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Section 1983 requires facts supporting an inference that a defendant was personally involved in the alleged violation of the plaintiff’s rights.

Johnson v. O'Connor · filed 2019-07-17

Plaintiff does not set forth sufficient information for the Court to infer that Lambeth was personally involved in the alleged violation of his rights.
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Section 1983 requires a plaintiff to allege facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.

Carter v. Riker's Island Correctional Facility AMKC, and the BEACON · filed 2019-07-18

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff’s complaint does not comply with federal pleading rules because he does not explain how each individual Defendant was personally involved in the events underlying his claims, and it is not clear who is responsible for each event he describes.
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Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation.

Gibson v. Washington State Department Of · filed 2019-07-19

The district court properly granted summary judgment on Gibson’s deliberate indifference claim against defendant Fetroe arising from the delay in Gibson’s medical treatment because Gibson failed to raise a genuine dispute of material fact as to whether Fetroe was personally involved in the delay of Gibson’s treatment.
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Section 1983 does not make prison complaint reviewers liable for an alleged constitutional violation merely because they rejected a grievance about it.

Tucker v. Eckstein · filed 2019-07-22

The plaintiff’s claims against these defendants are essentially claims against them in their capacity as inmate complaint examiners. Complaint examiners can be liable for violating a plaintiff’s constitutional rights only if they fail to do their appointed tasks by, for instance, “routinely sen[ding] each grievance to the shredder without reading it” or “intervene[ing] to prevent the medical unit from delivering needed care might be thought liable.” Burks v. Raemisch, 555 F.3d 592, 595 (7th Cir. 2009) (citations omitted).
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Section 1983 requires a defendant to have personally caused or participated in the alleged constitutional violation.

Gregory v. Pfister · filed 2019-07-22

To be held liable under § 1983, a defendant must have personally caused or participated in a constitutional violation.
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Section 1983 requires a plaintiff to show each individual defendant’s personal involvement in the alleged constitutional violation.

Casanova v. Maldonado · filed 2019-07-22

To assert a claim against an individual under 42 U.S.C. §1983, a plaintiff must show the defendant’s personal involvement in the constitutional violation being alleged. ... Since there was no showing of deprivation of liberty committed by Defendant Venettozzi, Plaintiff has not adequately pled that Defendant Venettozzi was personally involved in a constitutional violation.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of federal rights.

Madding v. Parker · filed 2019-07-22

As a preliminary matter, the Court notes that there is nothing in Plaintiff’s complaint that would allow the Court to plausibly infer that Defendant Tony Parker was personally involved in the decision to transport Plaintiff in shackles or to deny him assistance in getting off the transport van. Additionally, there is nothing in Plaintiff’s complaint that would allow the Court to infer that Defendant Parker was personally involved in Plaintiff’s medical treatment and/or decisions regarding the replacement of his dentures and glasses. Accordingly, Plaintiff cannot sustain a claim against Defendant Parker, and he will be DISMISSED.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Winius v. Pawlak · filed 2019-07-23

He may not, however, proceed on retaliation claims with respect to his placement in Green- West Unit, the alleged theft that occurred in his Green-West Unit cell 114, or the deprivation of and damage to his personal property, as he does not allege that any of the named defendants were personally involved in those deprivations.
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Section 1983 requires factual allegations connecting a defendant’s conduct to the alleged deprivation of rights.

Perez v. John and Jane Does 1-10 · filed 2019-07-23

Despite the claim that Plaintiffs’ arrest and confinement were unlawful, no allegations tie any of the Officer Defendants to any wrongdoing related to Plaintiffs’ arrest or confinement.
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Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for individual liability.

Singleton v. Beadle · filed 2019-07-23

Individual liability can be imposed in a civil rights action only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.” ... Accordingly, the Court will grant Defendants’ motion for summary judgment as to the claims against Habovich.
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Section 1983 requires allegations that an officer personally committed a constitutional violation to overcome qualified immunity.

Peterson v. Heymes · filed 2019-07-25

Thus, the allegations are too attenuated to show that a “violation was committed personally” by Israel such that Israel violated a clearly established constitutional right.
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Section 1983 holds an official liable only for the official’s own actions that cause a deprivation of rights, not automatically for other officers’ actions.

Z. J. v. Kansas City Brd of Police Comm · filed 2019-07-25

An official may be held liable under § 1983 only if the official, “through [his or her] own individual actions, has violated the Constitution.”
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; creating a false arrest report can satisfy that requirement.

Marom v. The City of New York · filed 2019-07-25

Lastly, a reasonable jury could conclude that Rocek has satisfied section 1983’s “personal involvement” requirement with respect to Boyle because there is undisputed evidence that Boyle created Rocek’s OLBS Report and accusatory instrument.
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A § 1983 complaint must connect the defendants it names to specific factual allegations of misconduct.

Pointer aka Robert Davis Jr v. Minton · filed 2019-07-25

After setting forth the relevant legal standards, the Court noted that, although Plaintiff’s Complaint contained factual allegations regarding conditions of confinement and excessive force, he failed to named the individual defendants associated with his claims and allegations and failed to set forth specific factual allegations as to a number of the individuals that he named as defendants [Id. at 1-2]. ... Without the benefit of an amended complaint, which Plaintiff has declined to file, the Court must accordingly DISMISSPlaintiff’s action for failure to state a claim upon which relief may be granted under § 1983, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(A).
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; it does not impose vicarious or supervisory liability.

Stechauner v. Offermann · filed 2019-07-26

As Stechauner decides how he would like to proceed, the court reminds him that, under § 1983, only those individuals who are personally responsible for a constitutional violation will be held liable.
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Section 1983 permits a claim against officials whose alleged actions contributed to a constitutional violation, even if they did not directly participate in the challenged act.

Lindell v. Cushing · filed 2019-07-26

Plaintiff does not allege that defendants Pollard, Meli, Wall, or John Doe #1 had any personal involvement with the strip search. But he alleges that they contributed to causing the strip search based on their prior actions. At this early stage, plaintiff may also ... 5 ... proceed against these defendants under the First and Eighth Amendments.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for individual liability.

Jackson, Wilson v. Department of Justice · filed 2019-07-26

Further, a defendant cannot be held liable for a constitutional violation unless he or she was personally involved in the alleged conduct.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in a constitutional violation.

Loufer (ID 121027) v. Willard · filed 2019-07-26

Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. ... In the Court’s MOSC, the Court found that: Plaintiff fails to allege personal participation by any of the defendants in any purported constitutional violations; ... The Court finds that this case should be dismissed for failure to state a claim as set forth in the MOSC and MOSC 2.
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Section 1983 requires a claim against an individual defendant to allege that defendant’s personal involvement in the constitutional violation.

Gallegos (ID 107051) v. Finney County, Kansas · filed 2019-07-26

The Court also found that because Plaintiff has failed to allege any personal involvement by Defendants Bascue and Welch, his claims against these defendants are subject to dismissal. ... The Court finds that this case should be dismissed for failure to state a claim as set forth in the Memorandum and Order and Doc. 5 and the MOSC.
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Section 1983 requires allegations showing each individual defendant’s personal involvement in the alleged deprivation of rights.

Mejia v. New York City Health & Hospitals · filed 2019-07-28

Here, Plaintiff fails to plead facts in his 6® AC sufficient to establish the specific personal involvement by any of the Defendant Nurses in the alleged wrongful acts.
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A § 1983 plaintiff suing individual defendants must show that each defendant personally participated in the alleged deprivation of rights.

Reyes v. Office of Surface Mining Reclamation and Enforcement Western Region · filed 2019-07-29

Thus, she is required to show that each Defendant personally participated in the denial of the procedural rights to which she was entitled. ... Accordingly, Ms. Reyes has failed to come forward with evidence that any of the named Defendants personally participated in any denial of her Due Process rights.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages; supervisory status alone does not establish liability.

Falu v. County Of Orange · filed 2019-07-30

In alleged constitutional deprivations under § 1983, personal involvement of defendants is a prerequisite to an award of damages. ... The facts from the record, viewed in the light most favorable to Plaintiff, do not support a finding of personal involvement by Defendant Jones in Plaintiff’s promotion consideration.
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Section 1983 requires personal involvement for individual liability; a sheriff who did not participate in the alleged deprivation cannot be held personally liable.

Martz v. Simmons · filed 2019-07-30

Individual liability under section 1983 must be based on personal involvement. ... Therefore, the Court finds that Sheriff Simmons cannot be held liable in his personal capacity when he did not participate in the alleged unconstitutional conduct.
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Section 1983 does not impose vicarious liability; a plaintiff must plead each defendant’s own involvement in the alleged constitutional violation.

Lathan v. Corr. Ctr. of Nw. Ohio · filed 2019-07-31

"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." ... Because plaintiff has not pleaded that these defendants engaged in the alleged misconduct, his complaint does not state any claims against them.
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Section 1983 requires personal or direct involvement in the alleged deprivation for individual liability.

Badger v. Loe · filed 2019-07-31

Liability under section 1983 requires some personal or direct involvement in the alleged unconstitutional action.
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Section 1983 requires a plaintiff seeking to hold an individual defendant liable for retaliatory termination to show that the defendant took adverse employment action against him.

Moreau v. St Landry Parish Fire District No 3 · filed 2019-07-31

In the case of individual defendants, this means that plaintiff must show that the individual defendant took adverse employment action against him. ... Under these undisputed facts, Moreau cannot establish the elements of his First Amendment and procedural due process claims as to Chachere.
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Section 1983 requires each individual defendant to have personally participated in the alleged violation for personal liability.

Tyler v. Ricketts · filed 2019-07-31

Pete Ricketts is the Governor of Nebraska, and Robert Evnen is the Secretary of State. Neither of these elected officials are alleged to have participated in the state court action, so there can be no personal liability. See White v. Jackson, 865 F.3d 1064, 1081 (8th Cir. 2017) (“To prevail on a § 1983 claim, a plaintiff must show each individual defendant’s personal involvement in the alleged violation.”).
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation.

Parkman v. O'Connor · filed 2019-08-01

It is not clear from the amended complaint how, if at all, either of the Defendants were personally involved in denying him bail and sending him to Hartford Correctional Center. Therefore, any claim regarding the denial of Plaintiff’s bail in August 2016 is dismissed.
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Section 1983 does not make a prison official liable solely for denying a grievance.

Mitchell v. Osmundson · filed 2019-08-01

In addition, simply denying a grievance is not a sufficient basis upon which to hold a prison official liable under § 1983.
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Section 1983 requires each defendant’s personal involvement in an alleged constitutional violation; allegations that identified officers acted together can satisfy that requirement at the pleading stage.

Gray v. City Of Chicago · filed 2019-08-01

As discussed above, personal involvement in the alleged constitutional violation is a requirement for liability under § 1983.
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Section 1983 permits a claim against an official who personally participates in a constitutional deprivation or sets in motion acts that foreseeably cause it.

Stahl v. Klotz · filed 2019-08-02

Taking these allegations as true, plaintiff has alleged specific facts plausibly suggesting Harmon and Elmore, in retaliation for plaintiff’s complaints, participated in or set in motion a series of acts by others they knew or reasonably should have known would result in plaintiff’s termination without due process. Accordingly, the court DENIES defendants’ motion to dismiss plaintiff’s § 1983 claims as to Harmon and Elmore.
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Notes 73501–73650 of 89,157, oldest cases first.

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