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No reviewed case has held this section invalid, preempted, superseded or repealed.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

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

(PC) Ontiveros v. Eldridge · filed 2020-04-13

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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Section 1983 requires personal fault by the defendant and does not impose respondeat superior liability.

Yarbrough v. Watson · filed 2020-04-13

This is because Section 1983 liability hinges on personal liability and is predicated upon fault; there is no respondeat superior liability.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

Santos v. Cuomo · filed 2020-04-13

“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under Section 1983.”
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation to support a damages claim.

Ridge v. Havas · filed 2020-04-13

Here, plaintiff’s allegations fail to state a plausible Section 1983 claim against Lt. Goble and Chief Mir. The amended complaint does not contain any allegations suggesting Lt. Goble and Chief Mir’s personal involvement in a constitutional violation.
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded.

Foster v. Donahue · filed 2020-04-13

It is well settled in this circuit that personal involvement by defendants in cases alleging constitutional deprivations is a prerequisite to an award of damages under § 1983.
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Section 1983 requires a plaintiff to identify each defendant’s personal involvement in the alleged deprivation of federal rights.

(PC) Eleby v. Beard · filed 2020-04-14

Once again, however, in direct contravention of Section 1983 threshold requirements, plaintiff fails to identify which specific defendants failed to treat him for his condition and/or pain and when.
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Section 1983 requires a defendant sued in an individual capacity to have personally participated in the alleged deprivation of rights.

(PC) Cox v. Krpin · filed 2020-04-14

With respect to plaintiff’s deliberate indifference claim, there is no stated link between specific defendants and each one’s specific actions that led to plaintiff’s specific harm.
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Section 1983 requires allegations connecting each individual defendant to the violation of the plaintiff’s constitutional rights.

Greene v. Middle Tennessee Mental Health Institute · filed 2020-04-14

Because the plaintiff does not allege how Smalls or Selikoff was involved in the violation of his constitutional rights, he cannot impose liability on them under Section 1983.
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Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Brown v. Porter · filed 2020-04-15

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.
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Section 1983 requires facts connecting an individual defendant to the challenged conduct.

Dabish v. Wayne County Airport Police · filed 2020-04-15

Moreover, the facts as alleged by Plaintiff do not suggest that the individual Defendants were present at the time the cash was seized or that they were in anyway involved in “accosting” or “targeting” Plaintiff on the day in question.
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Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation of rights.

(PC) Witkin v. Wagner · filed 2020-04-16

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.
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Section 1983 requires facts linking each defendant personally and causally to the alleged deprivation of rights; vague allegations against a group of defendants do not suffice.

Dewalt v. Brauner · filed 2020-04-16

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.” ... The Court will therefore dismiss these defendants from this action.
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Section 1983 requires a plaintiff to allege facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Gunn v. Annucci · filed 2020-04-16

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 evidence of each defendant’s personal involvement in the alleged violation.

Kouekassazo v. City of Columbus · filed 2020-04-16

Even if the alleged events happened, Mr. Kouekassazo must prove Defendants’ specific involvement. He cannot just assume it.
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Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct; supervisory status alone is insufficient.

Young v. Ferguson · filed 2020-04-16

Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”
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Section 1983 requires an affirmative connection between each defendant’s actions and the claimed deprivation of rights.

(PC) Dunsmore v. Thomas · filed 2020-04-17

Here, the claims against the Doe defendants are inadequate to proceed because the complaint does not identify specific acts by either Doe that allegedly violated the plaintiff’s rights. ... There can be no liability under Section 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires factual allegations connecting each defendant personally to the alleged deprivation; conclusory allegations do not establish individual liability.

(PC) Urmancheev v. Anglea · filed 2020-04-17

Such “bald and conclusory allegations are insufficient to establish individual liability under 42 U.S.C. § 1983.”
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in or causal connection to a deprivation of rights.

Bankhead v. Sutton · filed 2020-04-17

More fundamentally, Plaintiffs do not allege how each of the nearly 40 Defendants listed was personally involved or causally connected to any deprivation or violation.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

JORDAN v. PHERSON · filed 2020-04-17

Individual liability under 42 U.S.C. § 1983 “requires personal involvement in the alleged constitutional deprivation.”
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Section 1983 requires a plaintiff seeking to hold a defendant individually liable to show that defendant was personally involved in the alleged constitutional deprivation.

Hill v. Tyburski · filed 2020-04-19

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). Hill does not do so.
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Section 1983 requires allegations connecting each named defendant to the claimed violation; merely listing officers as defendants is insufficient.

Hill v. Alicia · filed 2020-04-19

It is very important that the fact section of Hill’s complaint name the specific officers he believes assaulted him, or deprived him of medical care; it is not enough to simply list officers at the front of the complaint and not connect them to the allegations at the end. ... And Hill has alleged facts connecting each named defendant to the use of excessive force. ... Hill’s excessive force claim may therefore proceed against Correctional Officers Rosseni, Sandone, Pergy, and Williams, as well as Captains Chevalier and Jones.
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A § 1983 complaint must identify what each defendant did or failed to do that caused the plaintiff’s injury.

Tabbert v. Larson-Matushak · filed 2020-04-20

Plaintiff’s claim against the medical staff is too vague to survive threshold review because the complaint does not allow the defendants or the court to understand what each defendant is alleged to have actually done or not done that caused Plaintiff injury.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

Eason v. Naqvi · filed 2020-04-20

“It is well settled . . . that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Mr. Eason has not alleged any facts showing Officer Danek’s personal involvement in the alleged deprivation of medical care. Accordingly, his claim against Officer Danek will be dismissed.
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Section 1983 limits a public employee’s liability to the employee’s own misconduct; approving a drug for a formulary does not make the employee liable for a provider’s overprescribing.

Barkes v. Wexford Health Sources · filed 2020-04-20

The mere fact that Defendants Meeks or Wexford authorized Klonopin to be included in the formulary did not make them liable for the healthcare providers allegedly over-prescribing it. This is so, as § 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.”
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s constitutional rights.

Marshall v. Finch · filed 2020-04-20

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires a plaintiff suing an individual defendant to allege that defendant’s personal involvement in the constitutional deprivation.

Thomas v. FitzPatrick · filed 2020-04-20

Because the Complaint is devoid of any allegations sufficient to establish any personal involvement by Sheriff Toulon in the conduct of which Plaintiff complains, Plaintiff’s Section 1983 claims against Sheriff Toulon are not plausible and are thus DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2) (b)(ii); 1915A(b).
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Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Correa v. Ginty · filed 2020-04-20

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 Captain James Ginty was personally involved in the events underlying his claims. Plaintiff’s claims against this Defendant are therefore dismissed for failure to state a claim on which relief may be granted.
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Section 1983 requires a plaintiff to plead an individual state actor’s direct involvement in the alleged violation when that actor was not the plaintiff’s supervisor.

James v. Cuny-John Jay College · filed 2020-04-20

Here, however, the SAC does not allege that Gray or Singh were James’ supervisor. They are therefore no different than any other state actor -- James must plead their direct involvement in order to state a claim for relief under § 1983.
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Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional violation; officials who held no relevant position during the actionable period cannot be liable.

Aponte v. City of New York · filed 2020-04-20

The Court agrees that the record establishes that Goord, Leclaire, Dennison, and Evans were either retired or not yet serving in the relevant positions during Plaintiff’s potentially actionable time period of May 2 to June 20, 2008 and therefore cannot be held responsible for any purported violations that affected Plaintiff’s rights.
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Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct.

Johnson v. Tritt · filed 2020-04-20

Under § 1983, individual liability may be imposed only if the state actor played an “affirmative part” in the alleged misconduct.
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Section 1983 requires each defendant to be personally involved in the alleged constitutional deprivation; supervisory status alone does not establish liability.

Alexander v. Harry · filed 2020-04-20

It is also well-settled in the Third Circuit that personal involvement of defendants in alleged constitutional deprivations is a requirement in a § 1983 case and that a complaint must allege such personal involvement.
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Section 1983 requires each defendant’s personal involvement in the alleged violation of federal rights.

(PC) Price v. Ebler · filed 2020-04-21

There can be no liability under § 1983 without personal involvement.
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Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions violated the plaintiff’s rights; allegations against defendants as a group are insufficient.

Hackney v. Finch · filed 2020-04-21

It is not enough for plaintiff to make general allegations against all the defendants as a group. Rather, plaintiff needs to provide the role of each named defendant in this case, in order that each specific defendant can know what he or she is accused of doing.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions caused the deprivation of his rights.

Luke v. Finch · filed 2020-04-21

It is important that plaintiff establish the responsibility of each separate defendant for harming him. That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Reed v. Finch · filed 2020-04-21

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions caused a deprivation of the plaintiff’s rights.

Bowen v. Finch · filed 2020-04-21

It is important that Plaintiff establish the responsibility of each separate defendant for harming him. In other words, for each defendant, Plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires a defendant's personal involvement in the alleged wrong; reviewing a grievance after the fact does not establish involvement in the underlying violation.

COPELAND v. MERCER COUNTY CORRECTION CENTER · filed 2020-04-21

But a defendant's participation in an after-the-fact review of a grievance is insufficient to establish personal involvement in an underlying constitutional wrong.
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Section 1983 requires a causal link between an official’s own conduct and the alleged deprivation of rights.

Woodham v. Moody · filed 2020-04-22

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”
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Section 1983 requires a plaintiff to name defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Chillis v. Neuschmid · filed 2020-04-22

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.
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Section 1983 requires a plaintiff to name as defendants only people who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Florence v. Beards · filed 2020-04-22

He 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.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.

(PC) Rood v. Lockwood · filed 2020-04-22

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. ... The court has reviewed the allegations in your complaint and concluded that you do not link any of the alleged constitutional violations to the individual defendants or provide sufficient facts to state a constitutional violation.
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Section 1983 does not impose liability on a prison official solely for reviewing a prisoner’s administrative appeal.

(PC) Vallery v. Botkin · filed 2020-04-22

A prison official’s mere administrative review of a prisoner’s appeal cannot serve as the basis of the official’s liability under § 1983.
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Section 1983 does not impose liability on an official merely for denying a grievance or failing to act on information in it.

Green 189440 v. Anderson · filed 2020-04-22

Moreover, § 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s constitutional rights.

Lewis v. Finch · filed 2020-04-22

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Jacobs v. Finch · filed 2020-04-22

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires personal participation by a government official sued in an individual capacity.

Heaton v. Stirling · filed 2020-04-22

“The law is clear that personal participation of a defendant is a necessary element of a Section 1983 claim against government officials in their individual capacities.” ... These defendants were not SCDC employees in 2004 (Dkt. No. 67- 2), which Plaintiff does not dispute (Dkt. No. 101 at 16). These § 1983 claims as to these Defendants are dismissed for this reason.
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Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation.

(PC) Whitely v. Lebeck · filed 2020-04-23

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.
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Section 1983 requires a plaintiff to name defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Millare v. Murphy · filed 2020-04-23

The court cautions plaintiff 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.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; simply reviewing an inmate grievance is insufficient.

Christmas v. Wexford Health Sources, Inc. · filed 2020-04-23

In order to establish liability under § 1983, a plaintiff must demonstrate that a given defendant was personally involved in the alleged constitutional deprivation. Prison officials who simply process or review inmate grievances lack personal involvement in the conduct forming the basis of the grievance.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

BAILEY v. ANDREWS · filed 2020-04-23

“Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.”
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of a plaintiff’s civil rights.

Sublett v. Doe · filed 2020-04-23

Personal liability in a § 1983 action hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal responsibility for the claimed deprivation of rights; general allegations against defendants as a group are insufficient.

Thompson v. Finch · filed 2020-04-23

It is not enough for plaintiff to make general allegations against all the defendants as a group.
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Section 1983 holds officials sued in their individual capacities responsible only for their personal conduct.

Boland v. Sandoval County · filed 2020-04-23

Defendants correctly acknowledge that Iqbal requires that officials sued under section 1983 are responsible only for their personal conduct.
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A § 1983 claim against a supervisor in his individual capacity requires factual allegations of his personal involvement in the alleged rights violation.

PARHAM v. MAY · filed 2020-04-23

The Court finds that Plaintiff’s TAC is wholly deficient as to Defendant May’s personal involvement in the alleged constitutional violations since there are no factual allegations to support the viability of a claim against him in his individual capacity.
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Section 1983 requires allegations connecting each defendant to the alleged rights violation; naming an official without alleging any involvement does not state a claim against that official.

Lewis v. Superintendent Mason · filed 2020-04-23

With respect to Defendant Wetzel, however, there are no averments related to him in the body of the amended complaint. Thus, Plaintiff’s claims against him are subject to dismissal for that reason alone.
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Section 1983 requires personal involvement in the challenged conduct; processing or reviewing an inmate grievance alone does not establish it.

Verrier v. Murphy · filed 2020-04-24

However, prison officials who process or review inmate grievances lack personal involvement in the conduct forming the basis of the grievance.
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Section 1983 requires facts showing an individual defendant’s personal involvement in the constitutional deprivation or a causal connection between that defendant’s conduct and the deprivation.

(PC) Rodriguez v. Clemmons · filed 2020-04-24

An individual defendant is not liable on a civil rights claim unless the facts establish the defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s wrongful conduct and the alleged constitutional deprivation.
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Section 1983 requires a defendant to have been personally involved in the wrongful conduct to be liable.

Nall v. Sussex Correctional Institution · filed 2020-04-24

Liability in a 42 U.S.C. § 1983 action is personal in nature, and to be liable, a defendant must have been personally involved in the wrongful conduct.
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Section 1983 permits a claim to proceed past initial review when the complaint alleges that each named state employee had decision-making power over the challenged restrictions.

Derby v. Wiskus · filed 2020-04-24

Plaintiff clearly alleges in the Amended Complaint that all named defendants are officials or employees of SORTS or the Missouri Department of Mental Health, and that they all have decision-making power at SORTS in regards to access to religious practice and materials.
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Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Fisher v. Finch · filed 2020-04-24

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; naming a defendant in the caption is insufficient.

Holmes v. Hawthorne · filed 2020-04-24

Plaintiff is required to allege facts showing how each named defendant was directly involved in, and personally responsible for, violating his rights.
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Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Jones v. Finch · filed 2020-04-24

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.
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Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the harm.

Anderson v. Finch · filed 2020-04-24

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the misconduct.

Dooley v. Wetzel · filed 2020-04-27

Dooley’s Complaint failed to state an adequate § 1983 claim because it did not demonstrate personal involvement by any of the defendants in the complained-of conduct.
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Section 1983 requires a plaintiff to identify each individual defendant and link that defendant’s personal participation to the alleged harm.

(PC) Fields v. Kernan · filed 2020-04-27

A viable Section 1983 claim must name specific defendants who can be linked to and/or who have personally participated in the harm plaintiff alleges.
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A § 1983 complaint must allege conduct by each defendant that could support a claim against that defendant.

Seibert v. Maier · filed 2020-04-27

The plaintiff must plead sufficient facts to show that each individual defendant committed a redressable legal wrong. ... He fails to allege any conduct by Defendant Wahtola at all.
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Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the claimed harm.

Rankin v. Finch · filed 2020-04-27

It is important that plaintiff allege facts explaining how each defendant was personally involved in and directly responsible for harming him.
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Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.

Flannel v. Finch · filed 2020-04-27

It is important that plaintiff establish the responsibility of each separate defendant for harming him. That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.
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Section 1983 requires factual allegations connecting an individual defendant to the alleged violation; naming the defendant in the caption alone is insufficient.

CASTELONIA v. HOLLENBUSH · filed 2020-04-27

With respect to Defendant Ashton, Plaintiff names him in the caption, but there are no averments related to him in the body of the complaint. Plaintiff’s complaint is subject to dismissal with respect to Defendant Ashton for that reason alone.
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Section 1983 requires a plaintiff to name defendants who personally participated in the alleged deprivation of constitutional rights.

(PC) Easley v. Strain/Hall · filed 2020-04-28

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.
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Section 1983 requires a plaintiff to identify defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Dixon v. Navarro · filed 2020-04-28

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

Martinez v. LaManna · filed 2020-04-28

Moreover, Section 1983 liability cannot be predicated on a theory of respondeat superior.
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Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of rights.

Yousef v. County Of Westchester · filed 2020-04-28

Plaintiff has failed allege that Cheverko had any personal involvement in Bassem’s death, and as such, no § 1983 claims can be maintained against him.
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Section 1983 requires a defendant’s personal involvement in the alleged misconduct for individual liability.

Williams v. Magee · filed 2020-04-28

Thus, Plaintiff has failed to demonstrate that Defendants McGee and Kowalski were personally involved in the alleged misconduct such that they could be held liable for the alleged violation of Plaintiff’s Eighth Amendment rights.
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Section 1983 requires a plaintiff to plausibly allege each defendant’s personal involvement in the claimed violation.

Proctor v. James · filed 2020-04-29

Proctor failed to plausibly allege that any defendant was personally involved in the alleged confiscation.
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Section 1983 permits liability only for someone personally responsible for a constitutional violation.

Wojcik v. Cook County, Illinois · filed 2020-04-29

Only someone personally responsible in a constitutional violation can be held liable under § 1983.
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Section 1983 requires a plaintiff to allege a specific injury linked to the conduct of each defendant.

Shreeve v. Arizona Department of Public Safety · filed 2020-04-29

The plaintiff must also allege that he suffered a specific injury as a result of the conduct of a particular defendant, and must allege an affirmative link between the injury and the conduct of that defendant. ... But Plaintiff still fails to explain how the named Defendants – Governor Ducey and Directors Milstead and Tobin – committed defamation or violated his Fifth, Eight, and Fourteenth Amendment rights. ... The Court therefore must dismiss the complaint for failure to state a claim for relief.
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Section 1983 requires a plaintiff to allege what each defendant did to deprive the plaintiff of a federal right; vague allegations against defendants collectively fail to state a claim.

(PC) Shikeb Saddozai v. Hosey · filed 2020-04-29

We have screened plaintiff’s first amended complaint and find that it fails to state a cognizable claim against any defendant. Plaintiff may file a second amended complaint if he wishes to proceed with this suit. An amended complaint would need to allege what each defendant did and why those actions violated plaintiff’s constitutional rights.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Perkins v. Saipher · filed 2020-04-29

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.
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Section 1983 requires liability to rest on a defendant’s own actions or inactions, not respondeat superior.

Howard v. Mississippi Department of Corrections · filed 2020-04-29

Indeed, defendants can only be held liable for their own actions or inactions under 42 U.S.C. § 1983; liability may not be found by way of a respondeat superior theory.
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A § 1983 claim against a supervisor can proceed when evidence creates a genuine dispute about the supervisor’s personal involvement in the alleged constitutional violations.

SMITH v. THE DEPT. OF CORRECTIONS OF NEW JERSEY · filed 2020-04-29

Here, there remains a genuine dispute of material fact as to whether Defendant had personal involvement in the underlying constitutional violations.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisory role alone does not establish liability.

Lee v. Jess · filed 2020-04-30

Under 42 U.S.C. §1983, a plaintiff may sue only those individuals who were personally involved in the alleged constitutional violation. ... The undisputed facts show that none of the defendants were involved in the decision not to adjust the plaintiff’s sentence under Act 28.
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Section 1983 requires a causal connection between an official’s conduct and the alleged constitutional deprivation; allegations that an official authorized or directed the force can support a claim against that official.

Palmer v. Hampton · filed 2020-04-30

Additionally, the Eleventh Circuit requires “‘an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation’ in § 1983 cases.” ... In reaching this conclusion, the Court observes that Palmer asserts that Biascochea authorized and/or directed the May 23, 2019 chemical spraying and cell extraction based on false accusations that he had not complied with orders, resulting in Palmer suffering with hand, head, and genital injuries. ... As such, Defendants' Motion is due to be denied as to Palmer’s Eighth Amendment claims against them.
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Section 1983 limits public employees’ liability to their own misconduct; receiving grievances about others’ conduct does not establish personal involvement.

Meskauskas v. Hansen · filed 2020-04-30

Section 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.”
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A Section 1983 claim cannot proceed against a defendant named only in the complaint’s caption.

Brown v. St. Clair County Jail · filed 2020-04-30

Merely invoking the name of a potential defendant is not sufficient to state a claim against that individual.
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Section 1983 requires facts tying an individual officer to the challenged conduct or supporting bystander liability.

Robinson v. City of Hagerstown, Maryland · filed 2020-04-30

More significantly, because the Complaint makes only general reference to actions by “officers,” it contains no specific factual allegations to suggest that Branche personally took, or failed to take, any actions to confirm Robinson’s identity. It also contains no allegation that Branche, if he did not personally engage in the relevant actions, would be subject to bystander liability under the standards enunciated in Randall v. Prince George’s Cnty., Maryland, 302 F.3d 188, 204 (4th Cir. 2002).
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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.

Dawes v. New York City Housing Authority · filed 2020-04-30

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. ... In any event, even under Colon, the plaintiff does not allege any facts showing how Defendants Hector Ramos, Paul Sebastian, Mr. Uwn, Anita Lal, Kimberly Taylor, Monique McLeod, John Resi, Lynette Hill, Mohammed Zubair, Ms. Brown, and Ms. Barnette were personally involved in the events underlying his claims.
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Section 1983 requires a plaintiff to allege how each named defendant personally participated in violating the plaintiff’s constitutional rights.

Stamper v. Crow · filed 2020-04-30

Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in violating the plaintiff’s rights; employment or supervisory status alone is insufficient.

Keely v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires allegations of each defendant’s personal participation; employment or supervisory status alone is insufficient.

Bishop v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in violating the plaintiff’s rights; employment or supervisory status alone is insufficient.

Davis v. Crow · filed 2020-04-30

Plaintiffs are admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Each plaintiff must go further and state how each named defendant’s personal participation violated the plaintiff’s constitutional rights.
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Section 1983 requires a defendant’s personal involvement in an act or omission that deprives the plaintiff of constitutional rights.

Morgan v. Director of TDCJ · filed 2020-04-30

Further, Plaintiff does not dispute the Magistrate Judge’s proper conclusions that ... (2) Plaintiff failed to show that any Defendant was personally involved in any act or omission that deprived Plaintiff of his constitutional rights, see Silva v. Moses, 542 F. App’x 308, 310-11 (Sth Cir. 2013); ... The Court therefore adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Heim v. Doe · filed 2020-05-01

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.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a governor’s authority over state agencies alone does not establish liability.

BASTON v. HOLCOMB · filed 2020-05-01

Although § 1983 allows litigants to seek redress for violations of their constitutional rights, see 42 U.S.C. § 1983, liability under § 1983 "requires personal involvement in the alleged constitutional deprivation." Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). Although Governor Holcomb is, as Governor of Indiana, in charge of all state agencies, he was not personally involved in Mr. Baston's criminal prosecution or conviction.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Chambers v. Lombardi · filed 2020-05-01

Accordingly, the Court will consider the merits of any potential claims regarding each segment of the incident only as to those individuals who were involved in the segment at issue.
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Section 1983 requires each individual defendant to have personal involvement in the alleged wrongdoing; reviewing a grievance after the fact is insufficient.

JACKSON v. ARMEL · filed 2020-05-01

To maintain a § 1983 claim, each individual defendant “must have personal involvement in the alleged wrongdoing.”
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Section 1983 requires a defendant’s personal involvement in a constitutional violation; affirming a conduct report alone is insufficient.

Randall, James v. Wilfong · filed 2020-05-04

In addition, the fact that defendants Thome and Whichmann affirmed the conduct report does not qualify as personal involvement in a constitutional violation and is not enough to state a claim.
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Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Strand v. Lizarraga · filed 2020-05-04

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.
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Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Lal v. United States of America · filed 2020-05-04

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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Section 1983 requires personal responsibility for a constitutional deprivation; a plaintiff cannot sue broad groups of unspecified staff without identifying the individuals responsible.

Brown v. St. Clair County Jail · filed 2020-05-04

Section 1983 liability hinges on personal responsibility for the deprivation of a constitutional right. ... However, Plaintiff cannot pursue a claim against a large group of unspecified defendants, such as “unknown medical staff” and “unknown jail staff.” Accordingly, Count 1 shall be dismissed without prejudice from this action.
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Section 1983 requires a plaintiff seeking damages from individual defendants to allege their personal involvement in the violation.

Brown v. NYC D.O.C. Chief Jennings · filed 2020-05-04

However, the plaintiff has not adequately pleaded the personal involvement of any individual defendant sufficient to sustain a claim for money damages under 42 U.S.C. § 1983.
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Section 1983 requires personal involvement; a defendant cannot be held liable for medical treatment provided by other staff without a basis for attributing that treatment to her.

Collard v. Blozinski · filed 2020-05-05

Although the plaintiff claims that his medical treatment was inadequate, those claims do not involve the defendant, who never personally examined or treated the plaintiff. The plaintiff provides no basis to hold the defendant liable for the medical treatment from other HSU staff.
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Section 1983 requires a defendant to have personally caused or participated in a constitutional violation.

Pozo v. Schmidt · filed 2020-05-05

Section 1983 limits liability to public employees who are personally responsible for a constitutional violation.
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Section 1983 requires personal involvement in a constitutional violation and does not impose collective or vicarious liability.

Bradley v. Kallas · filed 2020-05-05

Section 1983 does not create collective or vicarious responsibility.
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Section 1983 requires a causal link between each defendant’s actions and the alleged deprivation of rights.

(PC) Cramer v. Hubbard · filed 2020-05-05

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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A Section 1983 complaint must sufficiently allege each defendant’s involvement in the claimed deprivation of rights.

(PC) Hill v. Diaz · filed 2020-05-05

Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
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Section 1983 requires an individual defendant to be personally responsible for the deprivation of rights.

Young v. Young · filed 2020-05-05

In order to hold an individual liable under Section 1983, Plaintiff must “show that the defendants were personally responsible for the deprivation of their rights.”
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Section 1983 requires an individual defendant to be personally involved in the prisoner’s medical care or treatment; a managerial title alone does not establish liability.

Cole, Damien v. Health Services Manager Marchant · filed 2020-05-06

Only individuals who are personally involved with a prisoner’s medical care or treatment can be held liable for a constitutional violation under 42 U.S.C. § 1983.
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Section 1983 requires facts connecting each defendant personally to the claimed constitutional injury; job responsibilities alone do not establish liability.

(PC) Wilkins v. Barber · filed 2020-05-06

In addition, “a defendant may not be held liable under § 1983 merely because he had certain job responsibilities.” ... Instead, plaintiff must include specific factual allegations showing how, or to what extent, Adams or Recarey may be held personally liable for any constitutional injury.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.

GRAHAM v. ZATECKY · filed 2020-05-06

Applying the foregoing legal standard to the undisputed facts, Ms. McCullough has established that she was not employed or working at PCF at any time relevant to Mr. Graham's claims. ... “Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.”
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the acts at issue.

Hobbs v. New York City Department of Transportation · filed 2020-05-06

Plaintiff must name as proper defendants those individuals who have some personal involvement in the acts he alleges in the amended complaint.
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Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

Donohue v. Hughes · filed 2020-05-06

To prevail on an Eighth Amendment claim under § 1983 against a specific defendant, a plaintiff must show for that defendant that he or she personally participated in the deprivation of the plaintiff’s rights.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Kravitz v. Leis · filed 2020-05-07

“[I]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Kravitz points to no evidence that Leis, or indeed anyone else, reversed the grievance coordinator’s ruling or denied his grievance.
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Section 1983 requires a plaintiff to connect each defendant’s acts or omissions to the alleged constitutional deprivation.

Morris v. Gonzales · filed 2020-05-07

Plaintiff fails to identify any Defendant who was purportedly responsible for deciding to place him in the jumpsuit, labeling him as a sex offender, or that had any knowledge of the circumstances Plaintiff alleges he faced on the exercise yard.
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Section 1983 requires a plaintiff suing an individual defendant to allege facts showing that defendant’s personal responsibility for the harm.

Bodway v. Payne · filed 2020-05-07

If plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.
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Section 1983 claims against individual defendants require factual allegations identifying each defendant’s wrongful conduct.

Ansara v. Maldonado · filed 2020-05-07

Without defendant-specific allegations of wrongdoing, the Court cannot adequately evaluate how due process rights were infringed through deliberately indifferent conduct and by which defendant. Dismissal of these three claims is therefore appropriate, but without prejudice and with leave to amend.
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional deprivation.

Oliver v. Yaphank Correctional Facility · filed 2020-05-07

In order to state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Turner v. Procopio · filed 2020-05-07

Even if this defendant had been properly served, however, plaintiff’s claim against defendant Werne independently fails because she has failed to plead his personal involvement.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Smith v. Perez · filed 2020-05-08

At this initial stage in action, the Court nevertheless will permit Mr. Smith’s claim to proceed against Defendants Lieutenant Perez, Deputy Warden Snyder, Captain Perez and Counselor Supervisor Long, who allegedly all have some involvement in the events that resulted in the loss of his housing assignment and employment. See Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006) (“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.”).
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Section 1983 requires a plaintiff seeking damages to allege each defendant’s personal involvement in the constitutional deprivation; supervisory status alone is insufficient.

Kerr v. Hines · filed 2020-05-08

Mr. Kerr, however, has not stated a plausible Fourteenth Amendment claim because he has not alleged the personal involvement of any of the named defendants. “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.’” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)).
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of rights.

Azeezuddin v. Smith · filed 2020-05-11

Azeezuddin fails to allege any facts indicating that any of the Defendants were personally involved in the deprivation of his Eighth Amendment rights.
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Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Stiles v. Baros · filed 2020-05-11

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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Section 1983 liability cannot rest solely on a prison official’s processing of an inmate’s grievances.

Mack v. Perez · filed 2020-05-11

(4) failed to state a Section 1983 claim based on the handling of plaintiff’s inmate grievances ... because, among other reasons, a prison official’s processing of an inmate’s appeals, without more, cannot serve as a basis for Section 1983 liability; ... This Court agrees with and adopts the March ... Order, and finds that the Magistrate Judge properly dismissed the Complaint with ... leave to amend for the reasons discussed therein.
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Section 1983 requires a plaintiff to link each defendant’s own actions or omissions to the alleged violation; vicarious liability does not suffice.

Williams v. Yanez · filed 2020-05-11

“Causation is, of course, a required element of a § 1983 claim.” ... There are no factual allegations linking Defendants Diaz, Montgomery, or Amat to any of his claims regarding alleged constitutional violations. Thus, for these reasons, the Court finds that Plaintiff’s claims against Diaz, Montgomery, and Amat must be dismissed for failing to state a claim upon which relief may be granted.
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Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged wrongdoing.

Lewis v. Connections · filed 2020-05-11

A claim under 42 U.S.C. § 1983 requires a showing that a defendant was personally involved in the alleged wrongdoing.
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A plaintiff seeking damages under Section 1983 must allege each defendant’s personal involvement in the violation.

Sherman v. Litz · filed 2020-05-11

Further, to the extent they are seeking damages, Sherman and Eby must show that the defendants were personally involved in the alleged violation of their rights. ... Here, as to defendant Davis, all Sherman and Eby allege is that they asked for a grievance form from her. That is not sufficient to show personal involvement on the part of Davis. For this reason also, the complaint fails to state a claim upon which relief may be granted as to defendant Davis.
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Section 1983 requires a showing that the defendant personally participated in the alleged rights deprivation.

Vaughn v. Wegman · filed 2020-05-12

The district court properly granted summary judgment on Vaughn’s First and Fourteenth Amendment claims because Vaughn failed to raise a genuine dispute of material fact as to whether Wegman personally participated in the decisions that Vaughn challenges, or exercised authority over the individuals who made those decisions.
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Section 1983 liability requires personal responsibility for a constitutional deprivation.

Ezebuiroh v. Doe 1 · filed 2020-05-12

Section 1983 liability hinges on personal responsibility for a constitutional deprivation.
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An individual-capacity claim under § 1983 requires evidence that the defendant was personally involved in the alleged rights violation.

King v. Herbert · filed 2020-05-12

Without evidence of personal involvement, an “essential element” of an individual capacity claim under § 1983, King cannot prevail on her Fourth Amendment claim against Sgt. Thompson, Sgt. Davis, or Lt. Bergeron.
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Section 1983 liability requires personal involvement in the alleged violation; processing arrest paperwork alone does not establish it.

LEARY v. COOK · filed 2020-05-12

The record reveals that Officer Cook was not personally involved in seeking the arrest warrant or investigating or prosecuting Plaintiff. Officer Cook is entitled to summary judgment on all civil rights claims.
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Section 1983 does not make an arresting officer liable for a later wrongful detention based on protests of innocence when the officer had no responsibility for continued custody.

Seales v. City of Detroit · filed 2020-05-13

Nor do an arrestee’s claims of innocence in the context of a permissible arrest create later liability for an officer who does not have responsibility to oversee the custody.
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Section 1983 requires each defendant to have personally participated in the deprivation of the plaintiff’s rights; liability cannot rest on respondeat superior.

(PC) Micenheimer v. Kern Valley State Prison · filed 2020-05-13

There is no respondeat superior liability, and each defendant is only liable for his own misconduct.
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Section 1983 requires an affirmative link between a defendant’s conduct and the claimed deprivation of rights.

(PC) Hearne v. Farhat · filed 2020-05-13

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.
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A Section 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the alleged constitutional deprivation.

Marchese v. Nassau County Jail · filed 2020-05-13

In order to state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.

Gantz v. PA Department of Corrections · filed 2020-05-13

Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”
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Section 1983 requires a plaintiff to allege facts showing that each individual defendant personally caused or participated in a constitutional deprivation.

Brown, Victor v. Ribault, Justin · filed 2020-05-14

Also important here, to demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing.

ALONZO v. COOK · filed 2020-05-14

The claim is also defective because Alonzo fails to allege how any of the named Defendants was involved in the incident that caused him injury.
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Section 1983 requires a causal link between each defendant’s actions and the alleged deprivation of rights; a supervisor’s general responsibility is insufficient.

Merritt v. Payne · filed 2020-05-15

As such, § 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Here, plaintiff has not presented facts showing a causal link between the actions of each warden, and the deprivation of plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff suing defendants in their personal capacities to plead each defendant’s personal involvement in the alleged wrong.

Woodring v. The Replublican Caucus of the Pennsylvania House of Representatives · filed 2020-05-15

For Woodring’s claims against a specific defendant to survive, Woodring must plead personal involvement by that defendant in either the termination decision, meeting, or letter.
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Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional violation.

Walker v. Clarke · filed 2020-05-18

Lastly, to the extent that Walker sues the individual defendants in their individual capacities, Walker must allege their personal involvement for them to be liable under 42 U.S.C. § 1983.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) J'Weial v. Barge · filed 2020-05-18

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.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.

(PC) Dotson v. Chandler · filed 2020-05-18

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.
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A Section 1983 complaint must allege specific facts showing how each defendant was involved in the alleged constitutional violation.

Mason v. Besse · filed 2020-05-18

Any amended complaint must set forth the facts that pertain to each arrest separately and must include specific facts regarding how each defendant was involved in the alleged constitutional violation.
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Section 1983 requires a plaintiff seeking to hold an official personally liable to show that the official’s own actions caused the deprivation of a federal right.

MILLS v. NUNGESTER · filed 2020-05-18

"To establish personal liability in a section 1983 action, the plaintiff must show that the [defendant] 'caused the deprivation of a federal right.'" ... He alleges that the officers arrested him, thereby directly depriving him of his constitutional right to liberty.
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Section 1983 requires a defendant’s personal involvement in the alleged violation.

Robinson 602273 v. Knack · filed 2020-05-18

There is no evidence to support that Defendant Eicher forged the results of the test. Therefore, Robinson’s claim against Defendant Eicher is properly dismissed.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation; a supervisor may be liable for misconduct occurring after he arrives at the scene.

Maldonado v. Town Of Greenburgh · filed 2020-05-18

Attalienti’s personal involvement is plausibly alleged as to everything that occurred after his arrival—i.e., the deliberate indifference to Maldonado’s medical needs once he became limp and unresponsive and the false incident report that was filed regarding the circumstances surrounding Maldonado’s arrest.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of a constitutional right.

Kemmerly v. Hill · filed 2020-05-19

Mr. Kemmerly’s amended complaint failed to show how any of the defendants personally disregarded his physical and mental well-being at SCADF. See Trujillo v. Williams, 465 F.3d 1210, 1227 (10th Cir. 2006) (“In order for liability to arise under § 1983, a defendant’s direct personal liability for the claimed deprivation of a constitutional right must be established.”); Olson v. Stotts, 9 F.3d 1475, 1477 (10th Cir. 1993) (noting a “defendant cannot be liable under § 1983 unless personally involved in the deprivation”). We therefore affirm the district court’s dismissal of this claim.
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A § 1983 complaint must state what each named defendant did to cause the alleged deprivation of constitutional rights.

(PC) Hammler v. State of California · filed 2020-05-19

Plaintiff is reminded that his amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556 U.S. at 678-79.
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Section 1983 requires a link between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Harris v. Benkle · filed 2020-05-19

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation.

Purcell v. City of New York · filed 2020-05-19

Further, “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 (2d Cir. 2013). “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.” Iqbal, 556 U.S. at 676. Here, the Second Amended Complaint is devoid of any allegations as to Dennis Cavalli and Nicola Zuill (see generally SAC, Dkt. 58-1), and the Court thus dismisses the Complaint with respect to these two Defendants.
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Notes 74551–74700 of 89,157, oldest cases first.

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