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 liability requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Blackwell v. Jenkins · filed 2019-11-06
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s action and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of a federal right.
Baptiste v. Hatton · filed 2019-11-06
First, Section 1983 requires a plaintiff to demonstrate that each defendant personally participated in the deprivation of his rights. ... Accordingly, the complaint fails to state a cognizable Section 1983 claim against any of the named defendants.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s personal involvement in the alleged deprivation of civil rights.
N.Y. v. San Ramon Valley Unified School District · filed 2019-11-06
"A plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights." ... In his opposition, N.Y. points to no factual allegations that could support a finding that Schmitt or Reimann engaged in the conduct on which the Second Cause of Action is based, and the Court, having reviewed the 4AC, finds none.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded.
Maldonado v. Fischer · filed 2019-11-06
It is well settled that the personal involvement of defendants in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983. ... This is sufficient to establish Susanna Mattingly’s personal involvement in the imposition of DSO parole conditions challenged by plaintiff.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official merely for responding to or participating in a grievance procedure.
Sweeting v. Department of Rehabilitation and Correction · filed 2019-11-06
Responding to a grievance or otherwise participating in the grievance procedure is insufficient to trigger liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant personally participated in the deprivation of a federal right.
(PC) Smith v. Municipality of Fresno County · filed 2019-11-07
Additionally, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... As an initial matter, Plaintiff fails to provide specific allegations regarding what each defendant did or said to him.Read the full opinion on CourtListener →
Section 1983 requires facts connecting each defendant’s personal participation to the alleged deprivation of rights.
(PC) Sharpe v. Sherman · filed 2019-11-07
Additionally, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... The Court does not find sufficient information to allow a claim against any other defendant based on insufficient factual allegations regarding their responsibility for the issues in the complaint.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional deprivation; supervisory responsibility alone is insufficient.
Smith v. Westchester County · filed 2019-11-07
Because Plaintiff fails to allege the personal involvement of Individual Defendants in the alleged unconstitutional deprivations at issue, his claims against them are dismissed.Read the full opinion on CourtListener →
Section 1983 requires allegations identifying what each defendant personally did to violate the plaintiff’s rights; naming defendants and alleging violations generally is insufficient.
Kouassi v. Stephenson · filed 2019-11-07
Therefore, simply listing defendants in the case caption and generally alleging constitutional violations in the body of the complaint is insufficient to state a plausible § 1983 claim for relief against any specific defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional violation.
Oatsvall v. Core Civic Inc. · filed 2019-11-07
All the other individual Defendants, however, will be dismissed for Plaintiff’s failure to allege their personal involvement in violating his constitutional rights.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on a defendant who caused or participated in a constitutional deprivation.
Ammerman, Paul v. Singleton · filed 2019-11-08
As an initial matter, the court will dismiss plaintiff’s claim against Captain Crapser as plaintiff failed to make any argument or present any evidence regarding his involvement ... in the retaliation for which he seeks redress. See Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996) (“Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.”) (quoting Sheik–Abdi v. McClellan, 37 F.3d 1240, 1248 (7th Cir. 1994)).Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged deprivation of constitutional rights.
Wright v. Beyers · filed 2019-11-08
Plaintiff also does not provide any facts showing personal involvement by Blackard and Punke.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each individual defendant’s personal involvement in the wrongdoing.
Gillum v. Jeffreys · filed 2019-11-08
Because Plaintifffails to allege specific actsof wrongdoing by each individual, he fails to plead the personal involvement requirement necessary for Section1983 liability.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant's personal involvement in the alleged constitutional deprivation.
McIntosh v. Reaves Jr. · filed 2019-11-08
A prerequisite for liability under a § 1983 claim is “personal involvement” by the defendants in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires an individual government defendant’s personal involvement in the alleged wrongdoing; liability cannot rest solely on respondeat superior.
Szubielski v. Pierce · filed 2016-01-26
The complaint and its amendment contain no allegations against ' Defendant David Parker. See Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir.2005) (individual government defendant in a civil rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of re-spondeat superior.).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant personally to the alleged violation of federal rights.
Quiñones v. Puerto Rico Electric Power Authority · filed 2016-07-27
Moreover, a plaintiff must link each particular defendant to the alleged violation of federal rights. ... Moreover, Plaintiffs have not presented any form of acceptable evidence at this stage to establish each Defendant’s involvement in the challenged employment decision.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison administrators for deferring to a physician’s medical judgment about an inmate’s care.
McArthur v. Tilden · filed 2016-09-12
Likewise, the remaining defendants — administrators who were sued on the theory that they contributed to the denial of McArthur’s shoes because they did not respond more quickly to his grievances and requests for medical records — could not have faced liability independently of Dr. Tilden because these defendants had deferred to his exercise of medical judgment.Read the full opinion on CourtListener →
Section 1983 permits a jury to infer that senior prison officials knew of systemic prison conditions, but localized conditions require evidence of their knowledge.
Perkins v. Williams · filed 2018-01-17
The three remaining conditions—the infestations, the inadequate access to personal hygiene products, and the “hit or miss” access to cleaning supplies—are all arguably systemic, and therefore a jury could infer that Williams and Engleson were aware of what Perkins was enduring and consciously disregarded the risk of harm.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each named defendant’s personal involvement in the deprivation of rights.
Barbee v. Mayo · filed 2019-11-12
As alleged, Barbee fails to identify how any of the named Defendants were personally involved in the deprivation of his due process rights as necessary to sustain Claim Three. Accordingly, Claim Three will be DISMISSED WITHOUT PREJUDICE.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; officials who can end an inmate’s confinement are personally involved in deciding its duration.
Thomas v. Tice · filed 2019-11-12
The PRC had the authority to end Thomas’s administrative confinement in the dry cell and return him to the general population, so PRC members were personally involved in determining the duration of Thomas’s confinement in the dry cell.Read the full opinion on CourtListener →
A § 1983 retaliation claim requires specific facts connecting the defendants to the alleged adverse actions.
White v. McBurney · filed 2019-11-12
Where Mr. White does not succeed, however, is in backing up his allegations with sufficient factual content to permit an inference of liability on the part of the defendants.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement to support an individual-capacity claim.
Benton v. Kelley · filed 2019-11-13
We also conclude that Benton’s First Amendment claims against defendants in their individual capacities were properly dismissed because Benton failed to plead facts indicating that defendants were personally involved in the handling of his letter.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the challenged conduct.
Withers v. Soloway · filed 2019-11-13
Because Dr. Soloway treated Withers for gastrointestinal complaints and had no personal involvement with his treatment in the HCV Clinic, the district court did not err in granting summary judgment to Dr. Soloway.Read the full opinion on CourtListener →
A § 1983 excessive-force claim must allege that a defendant was responsible for the force used.
Whitaker v. McDougall CC · filed 2019-11-13
As plaintiff does not allege that any defendant was responsible for this second use of force, despite instructions in the amended complaint form directing him to do so, he has not complied with the requirement that he give the defendants fair notice of his claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory position alone does not establish liability.
Walston v. Akinbayo · filed 2019-11-13
Absent any allegation of personal involvement, Plaintiff’s § 1983 claims against Akinbayo cannot stand.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in the acts underlying the claimed violation.
Cordova v. Grant · filed 2019-11-13
To state a claim for relief, Plaintiff must show how each Defendant is accountable because the Defendant was personally involved in the acts about which he complains.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to establish individual liability.
Lebron v. Mrzyglod · filed 2019-11-13
Lee is also not otherwise alleged to have participated in any constitutional violation. Accordingly, the Court grants summary judgment as to Lee for lack of personal involvement in Plaintiff’s failure to protect claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged wrongs with sufficient particularity.
Hart v. City of Philadelphia · filed 2019-06-20
the District Court determined that Hart failed to allege personal involvement with sufficient particularity. See Rode v. Dellarciprete, 845 F.2d 1195, 1207–08 (3d Cir. 1988) (noting a defendant in a § 1983 action must have personal involvement in the alleged wrongs, and such personal involvement must be alleged with appropriate particularity); ... Upon our review of Hart’s second amended complaint, we agree that Hart has alleged, but has not shown, that he is entitled to relief.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged deprivation; a supervisory role alone does not establish liability for delayed medical care.
MAXWELL v. YORK · filed 2019-07-23
His attempt to draw a reasonable inference of her earlier knowledge from the undisputed facts fails because it is based solely on conjecture and speculation.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to cause or participate in a constitutional deprivation; merely approving a prisoner’s cell placement does not establish personal involvement.
Sangathit v. Lawrence · filed 2019-11-14
Section 1983 creates a right of action based on personal liability and predicated on fault; thus, “to be liable under 1983 an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005) (citations omitted). Mere administrative approval of the placement into a certain cell does not amount to the personal involvement that is required to trigger potential liability in a civil rights claim.Read the full opinion on CourtListener →
Section 1983 individual-capacity claims require evidence connecting the named defendants to the alleged deprivation.
Carter v. Lassiter · filed 2019-11-14
Plaintiff’s claims against Defendants in their individual capacities are unsupported by any evidence and Defendants will be granted summary judgment on this basis.Read the full opinion on CourtListener →
A government official is individually liable under Section 1983 only if the official personally participated in the alleged denial of rights.
Sisk v. Holden · filed 2019-11-14
For a government official to be held liable under Section 1983 in his individual capacity, the plaintiff must demonstrate that the defendant personally participated in the alleged denial of rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Bruno v. The City of Schenectady · filed 2019-11-14
“[T]he personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... For the above reasons, the Court grants Defendants’ motion as to Defendants DellaRocco and Faarstad and dismisses those Defendants from this action. However, the Court denies Defendants’ motion as to their argument that Defendant Mattice was not personally involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in an alleged constitutional violation; a place in the chain of command alone is insufficient.
West v. Turner · filed 2019-11-14
To establish liability against a prison official under section 1983, a plaintiff must allege that individual's personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a “link[ ] in the prison['s] chain of command.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.
Mousa v. Trump Administration · filed 2019-11-15
Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right.
Martinez v. Tilden · filed 2019-11-15
Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.”Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal fault and participation in a constitutional deprivation.
Jones v. McShan · filed 2019-11-15
Section 1983 creates a cause of action based on personal liability and predicated upon fault.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an identified official’s personal involvement in a constitutional violation.
Wright v. Bowen · filed 2019-11-15
Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983. ... Plaintiff Wright’s Complaint contains no allegations of any actions by any of the named individual Defendants, much less individualized actions that violated Wright’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires allegations that each government official defendant personally violated the plaintiff’s constitutional rights through that official’s own actions.
Borges313886 v. Napier · filed 2019-11-18
To properly plead a constitutional violation under § 1983, Plaintiff must “plead that each Government-official defendant, through the official’s own individual actions, has violated the constitution.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). Plaintiff has not plead a constitutional claim relating to being placed in a restraint chair, and the allegation that other officers “stood by” during alleged excessive force does not allege that those officers personally violated Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each individual defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Turner v. Guibord · filed 2019-11-18
Related to the foregoing, under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Accordingly, plaintiff's allegations fall short of what is necessary to give rise to a cognizable claim for relief under section 1983 against any of the individual defendants.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant was responsible for a constitutional deprivation; involvement in a disciplinary hearing alone is insufficient.
Elliott v. Caballero · filed 2019-11-18
With respect to defendants Ivey and Martinez, plaintiff has not presented sufficient allegations that these defendants were responsible for any constitutional deprivation. Simply because they were involved in a disciplinary hearing is insufficient to state a claim.Read the full opinion on CourtListener →
Section 1983 permits personal liability for prison officials who learn of alleged retaliation through a grievance and direct conversations but disregard it.
Clark v. Smith · filed 2019-11-18
As Plaintiff alleges that Neese, Lovell, and Burle concurred in the denial of the grievance and also disregarded the unconstitutional conduct after personal “face-to-face” conversations about the retaliation (Doc. 1, pp. 12, 16), Count 1 will also proceed against Neese, Lovell, and Burle.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the claimed violation; supervisory status alone does not establish liability.
Mohammed v. Hooks · filed 2019-11-18
In his amended complaint, Plaintiff must allege how each individual Defendant personally participated in the alleged violations of constitutional rights.Read the full opinion on CourtListener →
A § 1983 plaintiff must plausibly allege each defendant’s personal involvement in the violation.
Jackson v. Wilburn · filed 2019-11-18
As with any other § 1983 claim, the plaintiff must also plausibly allege the defendant’s personal involvement in the violation.Read the full opinion on CourtListener →
Section 1983 requires well-pleaded facts showing an individual defendant’s direct personal responsibility for the alleged deprivation.
Heldmann v. Southwestern Oklahoma State University College of Pharmacy · filed 2019-11-18
Liability will not attach absent any well-pleaded allegations showing Ralph’s direct personal responsibility.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in depriving the plaintiff of a federal constitutional right.
(PC) Belmonte v. Winkfield · filed 2019-11-19
An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting each named defendant to the alleged deprivation of constitutional rights.
SNELLING v. BALDWIN STATE PRISON · filed 2019-11-19
Aside from Plaintiff’s failure to adhere to the pleading requirements for claims asserted under 42 U.S.C. § 1983 and the untimeliness of his Notice of Appeal, the Court’s independent review of the issues addressed in the magistrate judge’s Recommendation and the Court’s Order adopting the same demonstrates that Plaintiff’s appeal is frivolous. ... Since Plaintiff never provided sufficient factual allegations to support his claims and failed to associate each named Defendant with an alleged violation of his constitutional rights, as instructed, this appeal is not brought in good faith.Read the full opinion on CourtListener →
Section 1983 requires a claim about a prisoner’s placement in segregation to be brought against officials who personally participated in that placement.
McIntyre v. Barney · filed 2019-11-19
Even if he did have such a claim, it cannot be asserted against Barney, but must be asserted against whichever prison officials personally participated in Plaintiff’s placement in segregation. Plaintiff cannot proceed on this claim as alleged.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show a defendant’s personal involvement in the deprivation of rights; allegations that prison officials knew of ongoing complaints and failed to help can satisfy that requirement at the pleading stage.
Sims v. Clarke · filed 2019-11-20
A successful § 1983 plaintiff must affirmatively show that the “official charged acted personally in the deprivation of the plaintiff’s rights.” ... This is a plausible allegation that Clarke and Davis had personal knowledge of and involvement in the alleged violation of Sims’ Eighth Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to an alleged deprivation; merely mentioning a defendant does not establish causation.
(PC) Carrasco v. Cababe · filed 2019-11-20
However, plaintiff has failed to satisfy the causation requirement with respect to seven defendants: Mack, Hart, Warden Doe, Vasquez, Litt, Doe number two, and Doe number three. While these defendants are mentioned in passing throughout the complaint, plaintiff has not alleged sufficient facts that link any of them to an alleged deprivation.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Cole v. Sawaya · filed 2019-11-20
There can be no liability under Section 1983 unless there is some affirmative link or connection between defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation.
Kinford v. Moyal · filed 2019-11-20
A defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). ... The SAC does not contain any allegations about any of the Defendants involvement with his medical care.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s direct or personal involvement in the alleged constitutional deprivation.
Raysor v. Police Officer Troy Ann Safi · filed 2019-11-20
Moreover, a plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to specific misconduct; naming defendants in the caption and alleging violations by them as a group is insufficient.
McElrath v. City of Cleveland · filed 2019-11-20
Simply listing defendants in the caption of a complaint and alleging constitutional violations by “defendants” in the body of the complaint is insufficient to a plausible § 1983 claim upon which relief may be granted against a specific defendant.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege a specific injury caused by a particular defendant and an affirmative link between the injury and that defendant’s conduct.
Cochran 236701 v. Ryan · filed 2019-11-21
In addition, a plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff fails to allege when or how Ryan became aware of the conditions or how Ryan responded after he became aware of the conditions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in a constitutional violation for individual liability.
Sawyer v. Howard · filed 2019-11-21
Personal participation in a constitutional violation is essential for individual liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged unconstitutional conduct for individual liability.
Freeman v. Carraway · filed 2019-11-21
To be held liable under § 1983, a defendant must have personal involvement in the alleged unconstitutional conduct.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant and the alleged deprivation of rights.
Derby v. Wiskus · filed 2019-11-21
“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires allegations that an individual defendant was personally involved in the alleged deprivation of rights.
Babayoff v. Doe · filed 2019-11-21
Thus, Plaintiff’s amended complaint fails to sufficiently allege the personal involvement of any defendants in his arrest.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for damages liability.
Youngblood v. Pena · filed 2019-11-21
These facts do not demonstrate sufficient personal involvement for Sanchez to be liable under § 1983 for Plaintiff's claims of false arrest or denial of a right to fair trial.Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendant was personally responsible for the alleged denial of a constitutional right.
Hooks v. Harman · filed 2019-11-22
The evidence reveals that it was Officer Harmon, not Ortiz, who determined that Hooks could not access the note and handwriting exemplars during the disciplinary proceedings.Read the full opinion on CourtListener →
Section 1983 requires specific allegations connecting a defendant to the claimed deprivation of rights.
Hoskins v. Foster · filed 2019-11-22
Because the complaint does not contain any specific allegations against Moon, Moon will be dismissed as a defendant, but Hoskins may proceed on his First Amendment retaliation and Eighth Amendment conditions of confinement claims against Foster, Westra, and Beahm.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that the defendant personally participated in the alleged deprivation of rights.
Snow v. Mar · filed 2019-11-22
Summary judgment was proper for defendant McDaniel because Snow failed to raise a genuine dispute of material fact as to whether McDaniel personally participated in the alleged deprivation of Snow’s rights. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires showing of personal participation in the alleged rights deprivation).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a defendant’s actions to the alleged deprivation of a federal right.
(PC) Kasey F. Hoffman v. Pulido · filed 2019-11-22
To state a claim under Section 1983, a plaintiff must show a causal connection or link between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff. ... Since Plaintiff does not show a causal connection between his alleged religious deprivation and the defendants’ actions, he fails to state a cognizable free exercise claim.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant and the alleged deprivation of rights; naming officials without describing their actions does not satisfy that requirement.
(PC) Davis v. Obrien · filed 2019-11-22
Plaintiff has failed to satisfy the causation requirement for all defendants other than defendant Speth.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing someone in an individual capacity to allege that the defendant directly participated in the misconduct, including by encouraging, authorizing, approving, or knowingly acquiescing in it.
Herman v. Ohio University · filed 2019-11-22
In addition, Herman sues Kalyango in his individual capacity. So she must also set forth facts that he “‘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 imposes individual liability only when the defendant personally participated in the alleged wrongdoing.
Ramey v. Holt · filed 2019-11-22
Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct. ... Ramey wholly fails to allege that Marsh was personally involved in either the confiscation or destruction of his legal materials. Consequently, the claim is subject to dismissal.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.
Baldwin v. Vadella · filed 2019-11-22
Because the plaintiff has failed to allege any personal involvement of defendant Kelly in any violation of their constitutional rights, the plaintiffs’ complaint must be dismissed with respect to defendant Kelly.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not establish personal liability.
WASHINGTON v. GILMORE · filed 2019-11-22
To establish personal liability against a defendant in a section 1983 action, that defendant “must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Rogers v. Cooper · filed 2019-11-25
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 damages liability requires each individual defendant’s personal involvement in the alleged deprivation.
Miller v. Semple · filed 2019-11-25
Damages liability under section 1983 requires the personal involvement of each individual held liable.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison warden without evidence of personal involvement in the alleged deprivation.
Jones v. Pierce · filed 2019-11-25
Nor is there evidence of record showing Pierce's personal involvement or deliberate indifference towards Plaintiff. No reasonable jury could find for Plaintiff on the claims he raises against Pierce. Summary judgment is appropriate in favor of Pierce.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in a constitutional violation, direction of subordinates who commit it, or knowledge of the violation and failure to prevent it.
Backus v. Ford · filed 2019-11-25
Moreover, nowhere does Plaintiff allege or suggest that Defendant personally participated in violating Plaintiff’s constitutional rights, that Defendant directed his subordinates to commit the violations or that he knew of the violations and failed to act to prevent them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing individual defendants to allege each defendant’s personal involvement in the constitutional deprivation.
Federman v. Town of Lorraine · filed 2019-11-25
Further, to the extent Plaintiff seeks to assert a § 1983 claim against any individual defendant he must demonstrate each defendant’s personal involvement in the actions that are alleged to have caused the deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations that a named defendant violated the plaintiff’s constitutional rights through that defendant’s actions or inactions.
Pannell v. Schenectady County Jail Sheriff · filed 2019-11-25
Plaintiff was, however, required to plead non-conclusory allegations from which the Court could plausibly infer that one or more of the named defendants violated his constitutional rights through their actions or inactions.Read the full opinion on CourtListener →
A § 1983 complaint must allege what each defendant personally did to violate the plaintiff’s rights.
Asher v. Birmingham Police Department · filed 2019-11-26
Even accepting Asher’s allegations as true and construing them liberally in his favor, he failed to specifically outline his §§ 1983 and 1985 claims as ordered by the magistrate judge, and he has failed to state a claim for relief. ... But, in spite of the magistrate judge’s order to do so, doc. 4 at 6, Asher fails to specifically allege what each officer did to violate his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each individual defendant proximately caused the deprivation of a federally protected right.
Guzman v. Jones · filed 2019-11-26
The complaint will be dismissed with leave to amend because Plaintiff has failed to link any of the defendants to the constitutional violation. It is unclear how Correctional Counselor Jones, Associate Warden Samara, and Warden Davis were involved in the transfer decision or the issuance of the vague 128-B chrono. Section 1983 liability may be imposed on an individual defendant only if the plaintiff can show that the defendant proximately caused the deprivation of a federally protected right.Read the full opinion on CourtListener →
Section 1983 permits a deliberate indifference claim against nonmedical prison personnel who were personally involved in denying treatment, deliberately interfered with treatment, or tacitly authorized or were indifferent to a medical provider’s misconduct.
Griffin v. Hollar · filed 2019-11-26
“[T]o establish a claim of deliberate indifference against non-medical prison personnel, a plaintiff must demonstrate that the official was personally involved in the treatment or denial of treatment, or that they deliberately interfered with the treatment, or that they tacitly authorized or were indifferent to the medical provider’s misconduct.” ... The Court finds that, taking Plaintiff’s allegations as true, and drawing all reasonable inferences in his favor, Plaintiff’s claims against all Defendants for deliberate indifference to serious medical needs are not clearly frivolous.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; conclusory allegations that supervisors were present and allowed misconduct are insufficient.
Barnett v. Diaz · filed 2019-11-26
These stray, conclusory statements, alone, are not enough to establish any personal involvement of either Defendant in the alleged constitutional deprivations, as is required under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a specific injury and an affirmative link between that injury and a defendant’s specific conduct.
Bennetti 85442 v. Ryan · filed 2019-11-27
To state a valid claim under § 1983, plaintiffs must allege that they suffered a specific injury as a result of specific conduct of a defendant and show an affirmative link between the injury and the conduct of that defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to name defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Hollis v. Bal · filed 2019-11-27
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to name defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Smith v. Janam · filed 2019-11-27
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each individual defendant to the alleged constitutional violation.
Rodriguez v. Foss · filed 2019-11-27
The complaint will be dismissed with leave to amend because plaintiff has failed to link any of the defendants to the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused or participated in the alleged unconstitutional conduct.
Watford v. Newbold · filed 2019-11-27
With no proof of personal involvement by Dr. Newbold in the alleged concealment of the cavity, Watford’s claim must fail. See Alejo v. Heller, 328 F.3d 930, 936 (7th Cir. 2003) (to be held liable in a Section 1983 action, an individual must have personally caused or participated in the alleged unconstitutional actions).Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged deprivation of rights to hold an individual liable.
PEAVLER v. MADISON COUNTY SHERIFF DEPARTMENT · filed 2019-11-27
In addition, the claims against the individual members of the Board of Commissioners, Kelly Gaskill, Mike Phipps, and John Richwine, must be dismissed because there is no allegation that these individuals personally participated in the alleged deprivations of Mr. Peavler’s rights.Read the full opinion on CourtListener →
Section 1983 requires an official’s personal involvement for individual liability; supervisory status alone is insufficient.
Tarawally v. Hinds County, Mississippi · filed 2019-11-27
Starting with the § 1983 claims, Defendants correctly argue that individual liability “may not be predicated on the doctrine of respondeat superior”; rather, “[o]nly the direct acts or omissions of government officials . . . will give rise to individual liability under Section 1983.”Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant personally directs or knowingly acquiesces in the alleged misconduct.
FANTAUZZI v. WETZEL · filed 2019-11-29
Under 42 U.S.C. § 1983, individual liability is only warranted where an individual personally directed or knowingly acquiesced to the alleged misconduct.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link the defendant’s conduct to the alleged deprivation of a federal right.
(PC) Keck v. Batra · filed 2019-12-02
To state a claim under § 1983, a plaintiff must show that a defendant acting under color of state law caused an alleged deprivation of a right secured by federal law. ... Plaintiff’s complaint includes insufficient detail to link the defendant to a deprivation of plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Castillo v. Ochoa · filed 2019-12-02
As before, plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; responsibility for a program alone does not suffice.
Vaughan v. Aldi · filed 2019-12-02
The complaint does not allege any personal involvement by Aldi in any of the alleged actions that were taken against Vaughan. Because the complaint does not allege facts showing Aldi’s personal involvement, I will dismiss Vaughan’s due process claim against Aldi.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional deprivation; merely denying or mishandling a grievance does not create individual liability.
Mason v. Snell · filed 2019-12-02
Further, the denial or mishandling of a grievance does not state a claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show how a named defendant caused or personally participated in the alleged rights violation.
Rawlins v. Doe · filed 2019-12-03
To satisfy the proximate causation element, the plaintiff must show how individually named defendants caused or personally participated in causing the alleged violation. ... Thus, Plaintiff has had multiple opportunities to name a viable defendant—in his initial complaint, in his response to the order to show cause, and in his objections to the report and recommendation—and has failed to do so.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Fairchild-Littlefield v. Attinello · filed 2019-12-03
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.
Lawrence Redmond as special representative of the estate of Michael Everett v. Pfister · filed 2019-12-03
In addition, individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation. ... Without more, Everett has not adequately alleged Warden Pfister’s actual knowledge of the risk of harm or that he was personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability; a defendant must be personally responsible for the alleged deprivation.
Prawat v. Nearing · filed 2019-12-03
There is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal responsibility for a constitutional deprivation; a position of authority alone does not establish individual liability.
Arndt v. Medicine Park City of · filed 2019-12-03
For liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established—establishing simply that the defendant is in a position of authority will not suffice.Read the full opinion on CourtListener →
Section 1983 imposes personal liability on a prison official only if the official caused or participated in a constitutional deprivation.
Douglas v. Wilson · filed 2019-12-04
I start with the basic premise that, for a prison official to be personally liable, he must have participated in some way with the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation of rights.
(PC) Beltran v. Guerra · filed 2019-12-04
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in an alleged constitutional deprivation before damages may be awarded.
Allah v. Semple · filed 2019-12-04
“It is well settled . . . that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Thus, while there may be no issue of fact as to what Cossette did or did not do in terms of an investigation, given his knowledge that the request for witnesses had been made, there is a genuine issue of fact as to whether his failure to act amounted to a constitutional deprivation.Read the full opinion on CourtListener →
A plaintiff pleading a constitutional claim under § 1983 must identify each defendant’s conduct and connect it to the alleged violation and injury.
Sonia v. Rainer · filed 2019-12-05
The amended complaint must contain a short, plain statement telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the person who violated the right; (3) exactly what the individual did or failed to do; (4) how the action or inaction of the individual is connected to the violation of Plaintiff’s constitutional rights; and (5) what specific injury Plaintiff suffered because of the individual’s conduct.Read the full opinion on CourtListener →
Section 1983 requires facts showing that an individual defendant’s actions actually and proximately caused the deprivation of a federally protected right; a conclusory allegation of supervisory knowledge is insufficient.
Hart v. Kernan · filed 2019-12-05
Liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the plaintiff can show that the defendant’s actions both actually and proximately caused the deprivation of a federally protected right. ... Other than his conclusory accusation, Plaintiff sets forth no facts to support his claim that Secretary Kernan actively participated in the alleged deprivation of his Eighth Amendment rights at SVSP.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in a constitutional deprivation; a plaintiff must describe the involvement of unnamed defendants.
Harold v. Brannon · filed 2019-12-06
Plaintiff is further admonished liability under §1983 hinges on personal involvement in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged constitutional deprivation for individual liability.
PRITT v. LAYTON · filed 2019-12-06
Mr. Pritt has not directed the Court to any evidence that Sergeants Gephart and Mullins were present at the time Brewer assaulted him or that they were aware that Mr. Brewer would do so. They are therefore entitled to summary judgment on Mr. Pritt’s failure to protect claim.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s actions to actually and proximately cause the deprivation of a federally protected right; receiving a report of an incident alone does not establish that connection.
Newberry v. State of Montana · filed 2019-12-06
Liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the plaintiff can show that the defendant’s actions both actually and proximately caused the deprivation of a federally protected right. ... Here, there is no allegation that Defendant Weddington caused or involved in the PREA incident (whatever that may have been). Rather it appears that the PREA incident was reported to Defendant Weddington. Therefore, Mr. Newberry has not stated a cognizable Eighth Amendment claim against Defendant Weddington.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; an officer who could not have protected a prisoner from an assault cannot be liable for failing to do so.
Brown v. Tran · filed 2019-12-06
Here, the undisputed evidence conclusively establishes that Chan was not employed by NDCS at the time of the alleged assault of which Brown complains and, thus, could not have failed to protect him. Brown concedes as much. Therefore, the court will grant Chan’s motion for summary judgment and dismiss him from this matter with prejudice.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to establish individual liability.
Sheldon v. Galant · filed 2019-12-06
Plaintiff’s scant allegation fail to allege personal involvement. It is settled law 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.” Grullon v. City of New Haven, 720 F.3d 133, 138-39 (2d Cir. 2013).Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation; naming a defendant without alleging any acts by that person does not state a claim.
GRIFFIN v. EVANS · filed 2019-12-09
“Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.” ... Because there are no factual allegations against Correctional Officer Fish, any and all claims against this defendant are dismissed for failure to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant’s conduct and the alleged deprivation of rights.
Jackson v. Colombo · filed 2019-12-10
Even liberally construing the Amended Complaint, Plaintiff has failed to state a cognizable claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional violation.
GOMEZ v. COMMONWEALTH OF PA · filed 2019-12-10
Significantly, in both § 1983 and Bivens actions, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.Read the full opinion on CourtListener →
Section 1983 requires allegations that the defendant was personally responsible for the claimed deprivation.
McGowan v. Franklin County Jail · filed 2019-12-10
The complaint does not allege that defendant Reisner was personally responsible for McGowan’s placement in segregation. ... The complaint, as pled, fails to set forth a due process claim against defendant Reisner regarding McGowan’s placement in disciplinary segregation.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged constitutional violation.
Kyles v. Smith · filed 2019-12-11
However, Kyles cannot proceed against Deputy Warden Buesgen and Warden Teagles because he does not allege that they had any personal involvement in the decision to deny his visitation requests. See Burks v. Raemisch, 555 F.3d 592, 595-96 (7th Cir. 2009) (section 1983 liability limited to individuals who are personally responsible for a constitutional violation).Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s direct and personal involvement in the alleged violation.
Wood v. Hogan · filed 2019-12-11
However, because these defendants were not responsible for the July 2000 or October 2002 Krol orders, he does not have a viable claim against them. See Jutrowski v. Twp. of Riverdale, 904 F.3d 280, 289 (3d Cir. 2018) (explaining that “a defendant’s § 1983 liability must be predicated on his direct and personal involvement in the alleged violation”).Read the full opinion on CourtListener →
A § 1983 claim against a defendant requires allegations of that defendant’s personal involvement in the alleged deprivation.
Figueroa v. Ruiz · filed 2019-12-11
Accordingly, I will dismiss Figueroa’s claims against the Jane Doe nurses for failure to demonstrate their personal involvement in his denial of care.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in or personal responsibility for the deprivation of a constitutional right.
Lavite v. Reichart · filed 2019-12-11
Liability requires personal involvement in or personal responsibility for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed deprivation of federal rights.
Velasquez v. Suffolk Police · filed 2019-12-11
Moreover, in an action brought pursuant to § 1983, a plaintiff must allege the personal involvement of the defendant in the purported constitutional deprivation. ... In addition, wholly absent from Plaintiff’s allegations is any description of what, if anything, each person named in the amended complaint allegedly did, or failed to do, and how such action or inaction violated Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s act or omission to an alleged violation of federal rights.
Walker v. Police Chief · filed 2019-12-12
To state a claim for relief under Section 1983, Plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of Plaintiff’s federal rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each defendant’s acts or omissions caused the deprivation of a federal right.
Bruins v. Whitman · filed 2019-12-12
Plaintiff has not stated a claim against Defendants because he has failed to allege facts regarding what actions were taken or not taken by Defendants.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official solely for mishandling a grievance without participating in the underlying violation.
Jefferson v. Lashbrook · filed 2019-12-12
To the extent that he alleges that Lashbrook improperly responded to his grievances, the denialor mishandlingof a grievance does not amount to a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged harm.
Wade, Jr. v. Anderson · filed 2019-12-12
However, this claim—like all others brought pursuant to Section 1983—hinges on personal liability and is predicated upon fault.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in or personal responsibility for the deprivation of a constitutional right.
Lavite v. Eales · filed 2019-12-12
Liability requires personal involvement in or personal responsibility for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 does not make a warden liable for an alleged constitutional violation merely because he reviewed an inmate’s grievances.
Tibbs v. The Wexford UM · filed 2019-12-12
Warden Morgan, by contrast, cannot be held liable for any alleged Eighth Amendment violation merely because he reviewed Tibbs’ ARPs complaining of inadequate medical care.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a supervisor’s mere receipt of a letter does not establish that involvement.
Barry v. The State of New York · filed 2019-12-12
Here, plaintiff’s allegations fail to state plausibly a Section 1983 claim against Dep. Supt. Phil. ... As noted above, mere receipt of plaintiff’s August 2, 2018, letter, does not signify Dep. Supt. Phil had anything to do with alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation.
Starkes v. Annucci · filed 2019-12-12
In his amended complaint, Plaintiff again names Annucci as a defendant but alleges no facts about him. Accordingly, the Court dismisses Plaintiff's claims against Annucci.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong to establish personal liability.
WHITENIGHT v. WETZEL · filed 2019-12-12
Moreover, to establish personal liability against a defendant in a § 1983 action, the defendant must have personal involvement in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires facts supporting a reasonable inference that the defendant was personally involved in the alleged deprivation.
Ali v. Prince George's County · filed 2019-12-13
Therefore Plaintiff has not adequately plead facts to allow a reasonable inference of liability against the Individual Defendants based on their personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement; referring a prisoner’s letters to others for response, without more, is insufficient.
Roache v. Fisher · filed 2019-12-13
Here, without more, the fact that Fischer and Sullivan referred Plaintiff's letters to others for response, is not sufficient to establish Defendants' personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded.
Walker v. Fierro · filed 2019-12-13
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 Section 1983. ... Plaintiff fails to identify which individual(s) physically assaulted him, and the nature of the injuries, if any.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s direct and personal involvement in the alleged constitutional deprivation.
Davis v. The Department of Corrections · filed 2019-12-13
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.Read the full opinion on CourtListener →
Section 1983 does not make prison officials liable for an underlying wrong merely because they denied or mishandled a grievance about it.
GILLMORE v. LAMAS · filed 2019-12-13
However, mishandling or denying a grievance neither states a claim based on the events complained of in the grievance nor states an independent basis for a constitutional claim.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials who mishandle or deny grievances without participating in the underlying constitutional violation.
Walker v. Lamb · filed 2019-12-16
The mishandling or denying of grievances by those not personally involved in the underlying constitutional violation does notstate a claim.Read the full opinion on CourtListener →
A defendant must be personally involved in an alleged constitutional deprivation to be liable for damages under Section 1983.
Ross v. The State of New York · filed 2019-12-16
As noted in the October Order, "[p]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [Section] 1983." Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994). Because the amended complaint fails to allege the personal involvement of defendant Menard, all claims asserted against him seeking damages are dismissed for failure to state a claim upon which relief may be granted pursuant to Sections 1915(e)(2)(B)(ii) and 1915A(b)(1).Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional deprivation; responding to the scene alone does not establish liability.
Rosado v. Mastrantonio · filed 2019-12-16
While it is undisputed that these defendants responded to the scene of the incident on September 4, 2015, there is no evidence in the record supporting the conclusion that any of them were personally involved in the alleged excessive use of force against Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation.
Brock v. Logsdon · filed 2019-12-16
These allegations do not establish Logsdon’s personal involvement in any constitutional deprivation and the § 1983 claim against her is therefore dismissed.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege facts linking the defendant to a constitutional violation.
Kellis v. Willard · filed 2019-12-17
The district court properly dismissed Kellis’s action because Kellis failed to allege facts sufficient to link defendant Willard to any constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the violation of the plaintiff’s rights.
Thompson v. Michaud · filed 2019-12-17
In the absence of any allegations showing the personal involvement of Michaud and Ballaro in the violation of any of Thompson’s rights, there are no grounds for Thompson’s excessive force or any other claim to proceed against Michaud and Ballaro.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged violation; allegations that an officer accompanied an arrest and helped escort the plaintiff can plausibly establish that involvement at the pleading stage.
Tabb v. Matteo · filed 2019-12-17
Although the allegations in the FAC are “somewhat meager,” Tabb has inched over the line from possibility to plausibility vis-a-vis Quod’s personal involvement, by claiming that (1) when Matteo pushed Tabb into a stairwell to effect the arrest, Quod followed them, close behind, to accompany Matteo, and (2) after Tabb was handcuffed, Quod was among the officers who assisted in escorting Tabb from the area.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege what each defendant did or failed to do that caused a violation of the plaintiff’s constitutional rights.
(PC) Turner v. Napa State Hospital · filed 2019-12-18
Mr. Turner also did not link defendants to this claim, as he did not allege what any defendant did or failed to do that caused a violation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each named defendant to the conduct that allegedly violated the plaintiff’s rights.
Rogers v. Davis · filed 2019-12-19
Rogers fails to adequately state a failure to protect claim against any of the named defendants with any specificity. Rogers does not allege that any of the defendants were present during the assault or even aware that it was occurring.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Newsome v. Loterzstain · filed 2019-12-19
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify defendants who personally participated in the alleged deprivation of a federal constitutional right.
(PC) Cardenas v. Edwards · filed 2019-12-19
Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged constitutional deprivation.
(PC) Kiner v. Yang · filed 2019-12-19
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires a state official’s integral participation in the alleged violation, meaning fundamental involvement in the conduct that caused it.
Chen v. D'Amico · filed 2019-12-20
Further, a state official’s liability under 42 U.S.C. § 1983 is predicated on his ‘integral participation’ in the alleged violation.” ... “But it does require some fundamental involvement in the conduct that allegedly caused the violation.”Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation of constitutional rights.
(PC) Jones v. California Medical Facility · filed 2019-12-20
However, there can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a specific defendant’s actions and the claimed deprivation of plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 imposes personal liability only when the individual defendant caused or participated in a constitutional violation.
Ezebuiroh v. Doe · filed 2019-12-20
Section 1983 “creates a cause of action based on personal liability and predicated upon fault; thus liability does not attach unless the individual defendant caused or participated in a constitutional violation.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each alleged deprivation to a named defendant.
Jones v. Unknown Party · filed 2019-12-20
He fails, however, to associate either of these potential claims with any of the named Defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
SWANN v. COAKLEY · filed 2019-12-20
Any claim against Gilmore is dismissed because Mr. Swann does not allege any facts against Gilmore in his complaint. He therefore has not alleged that Gilmore was personally involved in the acts at issue. “Individual liability under § 1983… requires personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the deprivation of rights; vicarious liability alone is insufficient.
Ali v. Brennan · filed 2019-12-20
It is well-settled that a civil- rights plaintiff must allege the personal involvement of a defendant to state a claim under § 1983 and that liability cannot be based upon a theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of civil rights.
Lanza v. Moclock · filed 2019-12-20
Moreover, to the extent that Lanza is suing Defendants Wolf and Toomey in their individual capacities, the complaint fails to state a claim because he does not allege any personal involvement by Defendants Woif and Toomey in violation of his civil rights.Read the full opinion on CourtListener →
Section 1983 requires allegations that each individual defendant was involved in or responsible for the challenged prison conditions.
Thompson v. Lengerich · filed 2019-12-23
But Thompson has not alleged any facts to show that defendants Hansen or Cattell have any involvement with or responsibility for overcrowding or understaffing at BVCF. Accordingly, we affirm the dismissal of this claim as against Hansen and Cattell.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Dennis v. Castrillo · filed 2019-12-23
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Notes 73951–74100 of 89,157, oldest cases first.
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