42 U.S.C. § 1983

Section 1983 requires a complaint to connect each individual defendant to the conduct underlying the claim.

Cloninger v. PrimeCare Medical, Inc. · filed 2020-05-20

Yet, despite the general sufficiency of these allegations, Count One fails to state a claim specifically against Harvey, Robinson, and Thiessen because the Complaint does not allege these defendants committed any of the relevant conduct, except for Thiessen’s comment regarding Cloninger’s “tummy ache.”

Section 1983 requires a plaintiff suing officials individually to plead how each defendant was personally involved in the alleged deprivation of rights.

Daywitt v. Harpstead · filed 2020-05-20

To survive a Motion to Dismiss, Daywitt must specify “how each individual defendant was involved in the alleged deprivation of his constitutional rights.” ... The Amended Complaint fails to do this.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged wrongdoing; collective allegations against defendants are insufficient.

MALAT v. BOROUGH OF MAGNOLIA · filed 2020-05-20

Presumably the named defendants, Police Chief Robert A. Stetser, Police Lieutenant J. Vadurro, and Prosecutor Cheryl H. Cohen, Esq., were involved in these allegations, but pleading claims against these defendants collectively fails to satisfy the requirement that for claims brought pursuant to § 1983, a plaintiff must demonstrate a defendant’s “personal involvement in the alleged wrongs.”

Section 1983 requires facts showing each defendant’s personal participation in the alleged violation.

Houston v. Howell · filed 2020-05-20

Because Houston’s complaint lacks facts to show what any particular defendant did, he has not stated a colorable § 1983 claim against any defendant.

Section 1983 requires allegations connecting a defendant to the claimed constitutional violation; naming a person only in the complaint’s caption is insufficient.

Thompson v. Stover · filed 2020-05-21

Nurse Ellison is named in the case caption of the Complaint and mentioned nowhere else. Merely naming a person as a defendant is not enough to proceed with a constitutional claim against him or her.

Section 1983 claims against multiple defendants require factual allegations showing each defendant’s involvement in the alleged wrongdoing.

8 ERIE ST. JC LLC v. CITY OF JERSEY CITY · filed 2020-05-21

In this instance, Plaintiff falls short of the requirement that it plead specific facts as to each Defendant’s involvement in the alleged wrongdoing. Instead, Plaintiff frequently groups the Defendants together and simply alleges that collectively, Defendants acted improperly.

Section 1983 requires each defendant to be personally responsible for the conduct alleged to have violated the plaintiff’s rights.

Gilmore v. Burch · filed 2020-05-21

Defendants are only liable under § 1983 for their own conduct.

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

Cole v. Coverstone · filed 2020-05-21

“To successfully state a claim under 42 U.S.C. § 1983, a plaintiff must identify ‘a right secured by the United States Constitution and the deprivation of that right by a person acting under color of state law.’” Miller v. Roberts, No. 2:09-CV-00240, 2009 WL 10710389, at *2 (S.D. Ohio Nov. 30, 2009) (quoting Adams v. Metiva, 31 F.3d 375, 386 (6th Cir. 1994)). To do so, “‘the plaintiff must allege some personal involvement by each of the named defendants.’” Miller, 2019 WL 10710389, at *2 (quoting Bennett v. Schroeder, 99 F. App’x 707, 712–13 (6th Cir. 2004)). Plaintiffs’ allegations against Defendant White do not meet this basic requirement.

Section 1983 requires a showing that an individual defendant personally participated in the alleged violation.

Abdullah v. Ducey · filed 2020-05-22

In other words, a defendant’s liability under § 1983 exists only where a plaintiff makes a showing of personal participation by the defendant in the alleged violation.

Section 1983 requires each defendant to be personally involved in or to have caused the alleged civil rights violation; vicarious liability is unavailable.

Battensby v. Zhang · filed 2020-05-22

Additionally, there is no vicarious liability for civil rights violations, and a Section 1983 plaintiff must allege that each defendant was personally involved in or caused the alleged civil rights violation.

Section 1983 imposes individual liability only when a state actor personally participates in the alleged misconduct.

Parker v. Wofford · filed 2020-05-22

Accordingly, individual liability can be imposed under § 1983 only if the state actor played an “affirmative part” in the alleged misconduct.

Section 1983 requires a plaintiff to link a defendant’s actions to the alleged deprivation of rights.

Ybarra v. Mee · filed 2020-05-22

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.

Section 1983 requires an affirmative link between each defendant’s conduct and the claimed deprivation.

(PC) Smith v. Parole Board · filed 2020-05-26

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.

Section 1983 does not impose liability on prison officials who merely process or review grievances without participating in the underlying conduct.

Chase v. Lashbrook · filed 2020-05-26

Similarly, prison officials who simply processed or reviewed inmate grievances lack personal involvement in the conduct forming the basis of the grievance, which precludes liability under Section 1983.

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

Sullivan v. MOSOP · filed 2020-05-26

It is well established that the doctrine of respondeat superior does not apply in § 1983 suits.

Section 1983 requires a government employee’s personal participation for a claim against the employee in a personal capacity.

Campbell v. City of North Charleston · filed 2020-05-26

The law is clear that personal participation of a defendant is a necessary element of a § 1983 claim against a government employee in his personal capacity.

A Section 1983 claim against an officer requires evidence of the officer’s personal involvement in the challenged conduct.

Elie v. City of New York · filed 2020-05-27

Accordingly, the Supreme Court should have denied those branches of the defendants' motion which were for summary judgment dismissing the false arrest and false imprisonment, and malicious prosecution causes of action and so much of the 42 USC § 1983 causes of action as did not relate to Monell -type claims insofar as asserted against the City, Grant, and Fitzgerald. However, we agree with the defendants that they established, prima facie, that the subject causes of action, insofar as asserted against Cheatham, should be dismissed. The record reflects that Cheatham was not present when the plaintiff was arrested, did not sign the criminal complaint, and did not testify before the grand jury. In addition, the record does not reflect that Cheatham was present at the time that Pierre-Riviera alleged the police coerced him. In opposition, the plaintiff failed to raise a triable issue of fact as to Cheatham's involvement ( see generally Rivera v County of Nassau , 83 AD3d 1032, 1034).

Section 1983 requires a plaintiff seeking damages from an individual defendant to establish that defendant’s personal involvement in the alleged violation.

Whittington v. Ponte · filed 2020-05-27

When a § 1983 claim is brought against individual defendants, the plaintiff must allege personal involvement of each named individual.

Section 1983 requires a defendant to have personally participated in the deprivation of the plaintiff’s rights.

Farabee v. Lee · filed 2020-05-28

To establish liability under § 1983, a plaintiff must prove that the defendants “acted personally in the deprivation of the plaintiff’s rights.” ... Having reviewed relevant portions of the record de novo, the court agrees with the Magistrate Judge’s determination that Drs. W. Lee and Haynes are entitled to summary judgment as to this claim.

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

Vassel v. Palisades Funding Corp. · filed 2020-05-28

First, the claims against Commissioner O’Neill and Deputy Inspector Gilbert fail because, under Section 1983, a plaintiff must plead the defendant’s personal involvement in the alleged constitutional deprivation.

Section 1983 imposes individual liability only on defendants personally involved in the alleged misconduct.

Piotrowski v. the Rocky Point Union Free School District · filed 2020-05-28

Individuals can only be held liable under § 1983 if they were personally involved in the misconduct alleged.

Section 1983 requires a plaintiff suing a state or local employee in her individual capacity to allege that the employee was personally involved in the deprivation.

Craven v. City Of New York · filed 2020-05-28

To bring claims against a state or local employee in her individual capacity under Section 1983, a plaintiff must adequately allege that the employee was “personally involved in the alleged deprivation.” Gonzalez v. City of New York, 377 F. Supp. 3d 273, 287 (S.D.N.Y. 2019).

Section 1983 requires an officer’s personal involvement in an alleged constitutional deprivation; mere presence at a stop or arrest generally is insufficient.

Snead v. Lobianco · filed 2020-05-28

An officer’s mere presence at the scene of a stop or arrest generally does not constitute sufficient personal involvement for § 1983 liability.

Section 1983 liability requires factual allegations showing a defendant’s personal involvement in the alleged deprivation.

McCracken v. Fulton County · filed 2020-05-28

We will dismiss plaintiff’s deliberate- indifference claim against the Fulton County Commissioners for both lack of personal involvement and failure to plead the knowledge element.

Section 1983 requires a defendant’s personal involvement in an arrest to impose individual liability for an unlawful seizure.

Adkins v. Dinkins · filed 2020-05-28

As it pertains to Officers Loadholt and Hanley, and school employee Jefferson (now Jeannie Jefferson Lett), the Magistrate Judge correctly determined that the record contains no evidence showing any of the above were involved with the decision to arrest and charge J.A.. Loadholt, Hanley, and Jefferson are entitled to dismissal as party Defendants under Plaintiff’s unlawful search/seizure claim.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights; supervisory status alone does not establish liability.

Collins v. Martin · filed 2020-05-29

Yet, as indicated earlier, Plaintiff’s complaint and the exhibits attached to his objections do not demonstrate that he suffered physical injury, nor do they allege personal involvement on behalf of named Defendants as required under the § 1983 framework.

Section 1983 permits damages against a defendant only if she was personally responsible for a constitutional deprivation.

Jones v. Noble · filed 2020-05-29

A defendant is liable for damages under § 1983 only if she was personally responsible for the deprivation of a constitutional right, meaning that the deprivation occurred at the defendant’s behest or with her knowledge and consent.

Section 1983 allows a plaintiff to establish personal involvement through a defendant’s actual knowledge of and acquiescence in a violation, pleaded with appropriate particularity.

SHOKIRJONIY v. THE CITY OF CLINTON TOWNSHIP · filed 2020-05-29

Personal involvement in an alleged § 1983 action can be shown through allegations of actual knowledge and acquiescence of the violations, but such allegations must be made with appropriate particularity.

Section 1983 requires allegations of personal involvement in the alleged deprivation to state an individual capacity damages claim against a defendant.

Shabazz v. Centurion of Tennessee, LLC · filed 2020-05-29

Because the first amended complaint does not adequately allege that Defendants Williams, Wiley, and Parris were personally involved in Shabazz’s medical treatment, he has failed to state a claim on which relief may be granted.

Section 1983 requires personal involvement for individual liability, but allegations against an identified group of officers can adequately plead that involvement before discovery.

Hill v. Cook County · filed 2020-05-31

It’s true that liability for an individual-capacity claim under section 1983 hinges on a defendant’s personal involvement in the deprivation of a constitutional right. ... But at this early stage, “an allegation directed at multiple defendants can be adequate to plead personal involvement.”

Section 1983 imposes personal liability on a prison official only if the official participated in the alleged constitutional violation.

Adams v. Larson · filed 2020-06-01

As noted earlier, for a prison official to be personally liable, he must have participated in some way in the alleged constitutional violation.

Section 1983 requires a defendant’s personal participation in an alleged constitutional violation; officers who were not integral participants cannot be held liable.

Beitch v. Magnus · filed 2020-06-01

“Liability under section 1983 arises only upon a showing of personal participation by the Defendant.” ... Plaintiff has failed to present any evidence to suggest that Officers Wiberg, Rodriguez, and Gutierrez or Sergeant Hill were personally involved with any aspect of his detainment. As such, they cannot be said to be “integral participants” of any alleged constitutional violation and are entitled to qualified immunity.

Section 1983 requires a link between a defendant’s conduct and the claimed deprivation.

(PC) Bland v. Messinger · filed 2020-06-01

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.

Section 1983 requires a plaintiff to link each defendant’s personal acts or omissions to a claim for relief with enough facts to make the claim plausible.

Shepard v. San Diego Sheriff Department · filed 2020-06-01

To state a claim under § 1983, Plaintiff must link each Defendant’s personal acts or omissions to each claim for relief, and include “sufficient factual matter … to state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (citation omitted); Lemire v. Cal. Dep’t of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013). He still has not.

Section 1983 requires a defendant to have personally caused the deprivation; vicarious liability is insufficient.

SMITH v. MARTOCCIA · filed 2020-06-01

A defendant can be held liable under Section 1983 only for deprivations that he or she personally caused, either by direct action or by approval of the conduct of others – vicarious liability cannot support a Section 1983 claim.

Section 1983 requires a defendant’s personal involvement in the alleged violation; an officer who did not participate in fabricating or forwarding evidence cannot be liable for that fair trial claim.

Simon v. Cruz · filed 2020-06-01

Plaintiff advances no argument that Evans played a role in the fabrication and forwarding to the prosecutor of the false statement. (See generally Pl. Opp.) Therefore, Defendants’ request to dismiss Evans from the case is GRANTED.

Section 1983 requires a government official’s own actions to cause the alleged constitutional deprivation; conclusory allegations of personal involvement are insufficient.

Carter v. McNitt · filed 2020-06-01

A government official is not liable under § 1983 unless the official’s own actions caused the alleged constitutional deprivation.

Section 1983 requires allegations that each defendant personally participated in the deprivation of rights; naming a supervisor without linking him to the alleged conduct does not state a claim.

(PC) Nieto v. Gordon · filed 2020-06-02

Under § 1983, the plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. ... Plaintiff has named Warden Gordon as a defendant but fails to link any allegations to him. Thus, plaintiff fails to state a claim against Warden Gordon.

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

(PC) Perryman v. California Department of Corrections & Rehabilitation · filed 2020-06-02

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.

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

Corry v. Ju · filed 2020-06-02

Corry’s allegations against Ron Davis are DISMISSED without leave to amend because Davis’s role as a grievance reviewer is insufficient to link him to any constitutional violation.

Section 1983 requires a plaintiff to show what each defendant did to violate the plaintiff’s rights.

Vontz v. Does · filed 2020-06-02

The plaintiff must show what each defendant did to violate his or her rights.

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

Thompson v. Snortland · filed 2020-06-02

Plaintiff’s claims with respect to the remaining Defendants, however, fail, as Plaintiff does not allege any facts to support the personal involvement of Defendants C.O. Gilmartin, C.O Mahamadeo, or C.O. Papka in the deprivation of his civil rights.

Section 1983 requires a causal connection between a defendant’s conduct and the alleged constitutional violation; responding to a grievance after a completed violation does not establish liability.

Alkarawi v. Hartgrove · filed 2020-06-03

Having merely responded to Plaintiff’s grievance, Hartgrove could not have contributed to the underlying violation that allegedly caused the other inmate to attack Plaintiff.

An officer may be liable under § 1983 for excessive force when he actively participates by positioning a vehicle so another officer can deploy a Taser.

Fleming v. Oakland County Sheriff's Deputy Brandon Scruggs · filed 2020-06-03

As the driver of the police vehicle, Garcia was responsible for following Fleming and positioning the vehicle so that Scruggs could deploy his Taser on Fleming. Thus, Fleming has shown that Garcia “actively participated in the use of excessive force” and therefore is subject to liability.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement; jail staff cannot be sued as an undifferentiated group.

Dykes v. Naph Care Medical Billing · filed 2020-06-03

“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. Therefore, “Washoe County Jail Staff” cannot be held liable as a collective unit.

Section 1983 requires each defendant’s personal participation; a job title or another person’s conduct alone does not establish liability.

Clark v. Dzurenda · filed 2020-06-03

A defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.”

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

King v. Chambers · filed 2020-06-03

Plaintiff does not connect his sole defendant—Chambers—to his lack of medical care, and he does not identify anyone who knew he needed medical treatment and disregarded that need. To the extent Plaintiff intended to assert a claim for deliberate indifference to his medical needs, therefore, that claim is DISMISSED WITHOUT PREJUDICE for failure to state a claim.

Section 1983 requires allegations that a defendant was involved in or responsible for the violation of the plaintiff’s rights.

Mustache, Devin v. Barron County Jail Staff · filed 2020-06-04

As an initial matter, his complaint does not include any allegations about defendant Amy that suggest that she was involved in or responsible for a violation of plaintiff’s rights.

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

(PC) Aleem v. Covello · filed 2020-06-04

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.

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

(PC) Gittens v. Los Angeles County Superior Court · filed 2020-06-04

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.

Section 1983 requires factual allegations connecting a defendant’s acts or omissions to the alleged constitutional deprivation.

Elzy v. Duran · filed 2020-06-04

Plaintiff has not stated an Eighth Amendment conditions of confinement claim against Defendant Duran because his Complaint fails to contain factual allegations sufficient to show Duran was the individual who denied him access to a mattress and toilet paper or spit in his food.

Section 1983 requires a plaintiff suing an individual official to allege that official’s personal involvement in the claimed violation.

LASCHE v. STATE OF NEW JERSEY · filed 2020-06-04

In order to hold an individual defendant liable under Section 1983, a plaintiff must establish that he or she was “personally involved” in the violation of the plaintiff’s First Amendment rights. ... Critically, Plaintiffs have not alleged that any of the Defendants had a role in suspending Plaintiffs’ license, or that their roles at the DCPP involve making such licensing determinations.

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

Tyler v. Maggio · filed 2020-06-04

Moreover, the plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation. ... Plaintiff alleges the personal involvement of Detectives Maggio and O’Leary in the violation of his constitutional rights — that they entered his home without a warrant, arrested him, and caused injury to him during the arrest. The Court therefore refers Plaintiff’s claim against Detectives Maggio and O’Leary to Judge Levy for pretrial supervision.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory position alone does not establish liability.

Vann v. Sudranski · filed 2020-06-04

Moreover, Section 1983 liability cannot be predicated on a theory of respondeat superior. ... Accordingly, because Lt. Hann had no personal involvement in the alleged constitutional violation, she is entitled to summary judgment on the excessive force claim.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability to arise.

Roland Price v. Friedrich · filed 2020-06-05

Because he does not suggest what role (if any) Friedrich played in this alleged withholding, no liability may arise under 42 U.S.C. § 1983 without Friedrich’s personal involvement.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged wrong; individual liability cannot rest solely on respondeat superior.

Smith III v. Burley · filed 2020-06-05

To establish personal liability against a defendant in a section 1983 action, a defendant must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior. ... Nor do the facts describe the personal involvement, if any, of each defendant. As pleaded, the medical needs claim fails to state a claim upon which relief may be granted against the Connections Defendants.

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

Radwan v. University of Connecticut Board of Trustees · filed 2020-06-06

Again, Section 1983 claims require the personal involvement of defendants in order to for them to be liable for deprivation of constitutional rights.

Section 1983 requires facts linking each defendant to the alleged deprivation of rights; naming officers without alleging what they did fails to state a claim.

Kleinfelt 337043 v. Gilbert · filed 2020-06-08

While each of the Defendants may be sued under § 1983, Plaintiff fails to state a claim against any of them. ... Plaintiff fails to allege any facts against any of the named Defendants. For that reason, he fails to state a claim for relief against any named Defendant, and they will be dismissed.

Section 1983 requires an actual connection between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Harris v. Munoz · filed 2020-06-08

Thus, the statute requires that there be an actual connection or link between the actions of the defendants and the plaintiff’s alleged deprivation.

Section 1983 requires a plaintiff to connect each defendant’s conduct to a specific injury and deprivation of rights.

Purugganan v. Department of Public Safety · filed 2020-06-08

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation. ... Purugganan does not explain what allegedly happened, when or where these alleged events occurred or detail what each Defendant personally did to connect them to his allegations.

Section 1983 requires facts showing that each defendant was personally responsible for the alleged deprivation; receiving a complaint alone does not establish liability.

Harper v. Giese · filed 2020-06-09

The court reminds Harper that the mere fact that he complained to someone is not enough for that person to be held liable for violating his constitutional rights. To be liable to Harper the person must have had the opportunity and responsibility to do something about it.

Section 1983 requires a defendant’s personal participation in the alleged unlawful conduct for individual liability.

Clifton Terrell, Jr. v. Ducart · filed 2020-06-09

The district court properly granted summary judgment for defendants Gomez, Holt, Peterson, and Ducart because Terrell failed to raise a genuine dispute of material fact as to whether these defendants personally participated in the prison’s process to approve religious meals for prisoners.

Section 1983 requires a plaintiff to allege a specific injury and an affirmative link between that injury and a particular defendant’s conduct.

Loring v. Daly · filed 2020-06-09

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 largely fails to allege any supporting circumstances, including when the acts occurred and facts to support that Daly or Mitchell were in any way involved with the complained of adverse acts.

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

(PC) Childers v. Rayome · filed 2020-06-09

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. ... Plaintiff’s claim that he did not timely receive a brace or device is dismissed with leave to amend because no defendant is linked to this claim.

Section 1983 requires an affirmative causal connection between an official’s acts or omissions and the alleged deprivation.

Venneau v. Woodard · filed 2020-06-09

Additionally, the Eleventh Circuit requires “‘an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation’ in § 1983 cases.” ... Plaintiff has not alleged that Defendant Woodard had any further involvement in his housing assignments after he transferred from Sumter C.I.

Section 1983 requires allegations that a defendant was personally involved in the alleged deprivation of rights.

Kugler v. Parsons · filed 2020-06-09

In addition, Plaintiff has not alleged Defendant Scott was directly involved in the alleged assault.

A Section 1983 claim against an individual defendant requires allegations of that defendant’s own unconstitutional conduct; collective allegations against defendants are insufficient.

Najera v. Brookhouser · filed 2020-06-09

Plaintiff’s reliance on the actions of the collective “Defendants” simply fails to state a viable Section 1983 Fourth Amendment claim against Holguin.

Section 1983 requires a plaintiff to allege how each defendant was personally involved in the constitutional violation.

ELLERBY v. LEHIGH COUNTY PRISON · filed 2020-06-09

In a § 1983 action, 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. See Rode, 845 F.2d at 1207. Because Mr. Ellerby does not allege how Deputy Warden Miller or Warden Russell were involved in the alleged violation of his constitutional rights, the claims against them are not sufficient will be dismissed.

Section 1983 requires specific factual allegations showing a defendant’s personal involvement in the deprivation of a constitutional right.

Williams v. Rodriguez · filed 2020-06-10

Here, the complaint does not contain specific factual allegations demonstrating that either the CHO or the Acting Director was personally involved in the deprivation of the plaintiff's constitutional rights.

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

(PC) Adcock v. Burton · filed 2020-06-10

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.

Section 1983 requires a defendant’s personal involvement in the alleged violation; a supervisor cannot be held liable solely for others’ conduct.

Allah v. Annucci · filed 2020-06-10

Collado cannot be held liable for Howard’s and Wajid’s failures because it is well-established that “vicarious liability is inapplicable to . . . § 1983 suits.”

Section 1983 requires a defendant’s personal involvement in the alleged wrongs for individual liability.

TUSTIN v. STRAWN · filed 2020-06-10

To establish personal liability against a defendant in a § 1983 action, a defendant must have personal involvement in the alleged wrongs.

Section 1983 liability requires personal involvement in the alleged violation.

Lumpkin v. Sigh · filed 2020-06-11

The district court properly granted summary judgment for defendant Nicholas because Lumpkin failed to raise a genuine dispute of fact as to whether ... Nicholas personally participated in the incident. See Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (liability under § 1983 requires personal involvement).

Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Diaz v. Hurley · filed 2020-06-11

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.

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

(PC) Mosley v. Cargill · filed 2020-06-11

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.

Section 1983 requires a defendant to have caused or participated in the alleged constitutional deprivation to be personally liable.

FKFJ, INC. v. Village of Worth · filed 2020-06-11

There is no evidence that Werner was involved in his decision to write either memo or the officers’ decisions to write the tickets. Thus, there is no basis for holding Werner personally responsible for the tickets under § 1983.

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

AARON v. RUST · filed 2020-06-11

Mr. Aaron does not allege that Correctional Officer B. Rust, Correctional Officer D. Temple, or Lt. C. Cooperider were involved in the assault or segregation. "Individual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."

A Section 1983 plaintiff plausibly alleges a defendant’s personal involvement by alleging that the defendant directly participated in the challenged use of force.

Ortiz v. Ciminelli · filed 2020-06-11

These allegations, which Defendants do not address in their Motion, are sufficient to plausibly allege that each defendant “participated directly” in an alleged excessive use of force against Plaintiff.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation or a causal connection between the defendant’s acts and that deprivation.

Ducksworth v. MacMurdo · filed 2020-06-12

Ducksworth’s complaint shows that his factual allegations do not demonstrate the personal involvement of these defendants in the alleged denial of medical care or a causal connection between their acts and the alleged denial of medical care.

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

(PC) Ruiz v. Leon · filed 2020-06-12

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.

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

Eason v. Quinn · filed 2020-06-12

The “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires a plaintiff to link a specific injury to each defendant’s conduct and the alleged violation of rights.

Bertlemann v. Mulleitner · filed 2020-06-12

Thus, a plaintiff must allege that he suffered a specific injury as a result of a particular defendant’s conduct and must affirmatively link that injury to the violation of his rights.

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

WILLIAMS v. HOLCOMB · filed 2020-06-12

All claims against defendants Eric Holcomb and Robert E. Carter, Jr. are dismissed. "A damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation."

Section 1983 requires a connection between each defendant’s conduct and the plaintiff’s alleged deprivation.

Presti v. Warden of Waiawa Correctional Facility · filed 2020-06-15

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.

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

Baker v. City of New York · filed 2020-06-15

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.”

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for individual liability.

Reyes v. Colorado Div. of Reclamation · filed 2020-06-16

Moreover, none of those four defendants could have personally participated in any violation of Reyes’ due process rights by refusing to treat her comment as timely, to grant her party status, or to allow her to present evidence or testimony at the hearing. Those decisions are among the Board’s duties.

Section 1983 requires a defendant to have personally participated in a substantial way in the alleged deprivation of a federal constitutional right.

(PC) Ruiz v. Woodfill · filed 2020-06-16

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.

Section 1983 requires a plaintiff to identify each defendant and allege how that person’s actions or omissions caused a violation of the plaintiff’s rights.

Waddell v. Minton · filed 2020-06-16

Waddell should not refer to defendants generally as “the deputies,” and must instead identify each involved defendant by name and explain the specific actions or omissions of each person that caused a violation of his rights.

Section 1983 requires evidence that a defendant personally participated in the challenged conduct.

Carter 645573 v. Supnick · filed 2020-06-16

Plaintiff has failed to show that Defendants Supnick and Mattson had any specific role in the legal writer refusing to perform the requested work for Plaintiff.

Section 1983 requires allegations that a specific defendant took unconstitutional action against the plaintiff; general allegations about inmates do not suffice.

Ofori v. Clarke · filed 2020-06-17

The “Fourth,”“Sixth,” and “Eighth”parts of Count IIIall fail because they contain general allegations, on behalf of “inmates” generally, but do not allege that any specific defendant took unconstitutional action against Ofori specifically, nor describe any specific incident with dates or other particulars.

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

(PS) Shook v. McLeod · filed 2020-06-17

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.

Section 1983 imposes personal liability only on a defendant who caused or participated in a constitutional deprivation.

Martinez v. Kennedy · filed 2020-06-17

Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir.2005) (citations omitted).

A § 1983 complaint must identify the individual officers alleged to have personally participated in the violation.

Crespin v. Albuquerque Police Department · filed 2020-06-17

“A successful § 1983 complaint must make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claim against him or her.” Robbins v. Oklahoma, 519 F.3d 1242, 1249-50 (10th Cir. 2008). Accordingly, the Court will direct Plaintiff to file an amended complaint naming the individual officers within seventy-five (75) days of entry of this Order.

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

Wlodarz v. Centurion of Tennessee, LLC (PSLC2) · filed 2020-06-17

Second, the Court finds that Plaintiff has not alleged that Defendants Parker or Doe had any involvement in the decision whether Plaintiff received medical care, and therefore, he has failed to state a claim against either of these Defendants.

A § 1983 complaint must allege conduct by a defendant to state a claim against that defendant.

Hrabik v. Kopp · filed 2020-06-18

Plaintiff names “John Doe” as a defendant, but the complaint does not contain any allegations against him. Therefore, John Doe will be dismissed as a defendant.

Section 1983 requires an individual defendant to be personally responsible for the deprivation of the plaintiff’s rights.

Southard v. Pritzer · filed 2020-06-18

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.” Wilson v. Warren Cty., Illinois, 2016 WL 3878215, at *3 (7th Cir. 2016).

Section 1983 requires allegations of each defendant’s personal participation in a constitutional violation; employment or supervisory status alone is insufficient.

Brown v. Yates · filed 2020-06-18

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim.

Section 1983 requires a complaint to allege each defendant’s involvement and a connection between that defendant’s actions and the claimed deprivation.

(PC) Gomez v. Ferris · filed 2020-06-19

The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant’s actions and the claimed deprivation.

Section 1983 requires personal participation in an alleged constitutional violation to impose individual damages liability on a prison official or medical provider.

Alkarawi v. Michael · filed 2020-06-19

Prison officials and prison medical providers generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations. ... Indeed, the Complaint does not identify any particular action taken by Defendant at all.

Section 1983 requires a plaintiff to allege how each defendant’s acts or omissions violated his rights.

Gray v. Finch · filed 2020-06-19

That is, for each defendant, plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of rights.

Jordon v. Brad · filed 2020-06-22

Thus,a§ 1983 claimrequiresfactualdetailabouteachdefendant’s personal involvement.

Section 1983 requires personal involvement in the alleged deprivation; merely processing or reviewing a prison grievance does not establish liability.

Morgan v. Wexford Health Services, Inc. · filed 2020-06-22

Similarly, prison officials who simply processed or reviewed inmate grievances lack personal involvement in the conduct forming the basis of the grievance, which precludes liability under Section 1983.

Section 1983 requires an individual defendant to have caused or participated in the constitutional violation.

Walker, Jr. v. Thompson · filed 2020-06-22

That is because § 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.”

Section 1983 requires a defendant’s conduct to contribute to the alleged injury; mishandling a grievance alone does not establish personal liability.

Taylor v. Paul · filed 2020-06-22

Mr. Taylor doesn’t allege, nor is there any basis to infer, that Ms. Morson’s actions somehow contributed to his injury or prevented him from obtaining needed medical care. Accordingly, she must be dismissed.

Section 1983 claims against supervisors fail when the plaintiff cannot establish their personal involvement in the alleged constitutional deprivation.

Santana v. Racette · filed 2020-06-22

Because Plaintiff has failed to establish the personal involvement of Racette and Brown, his § 1983 claims against them fail as a matter of law.

Section 1983 requires allegations supporting a defendant’s personal involvement in the challenged conduct.

Rodriguez v. McCulloch · filed 2020-06-22

However, neither the complaint nor Plaintiff's response provide any supported indication of Defendants' role in any decisions made as to Plaintiff's previous discharges from CNYPC to a DOCCS facility.

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

Davis v. City of Mount Vernon · filed 2020-06-22

As a preliminary matter, P.O.s Mitchell, Kressman, and Chery are entitled to summary judgment on plaintiff’s unconstitutional seizure claim because they were not personally involved in the determination to transport plaintiff to Montefiore MV or in the seizure of plaintiff for that purpose.

Section 1983 requires an official’s personal involvement; a supervisory position alone does not create liability.

Roman v. McKoy · filed 2020-06-22

As mentioned earlier, Plaintiff cannot maintain claims against the named defendants merely because they hold positions of authority.

Section 1983 personal involvement is adequately pleaded when the facts plausibly show that a defendant directly participated in, or knew of and acquiesced to, the challenged action.

Bhatti v. The Republican Caucus of the Pennsylvania House of Representatives · filed 2020-06-22

Viewing the amended complaint as a whole, Bhatti alleges that the individual Defendants exercised sufficiently close control over his employment to permit a plausible inference that they were directly involved in, or had knowledge of and acquiesced to, his termination.

Section 1983 requires evidence connecting the named defendant to the alleged deprivation of rights.

Wilson v. Miller · filed 2020-06-23

First and most importantly, Wilson offers no evidence, based on personal knowledge, that Miller himself—the only named defendant—destroyed or improperly disposed of his property. Even if it was later destroyed improperly, then, Wilson has not put forth any factual basis from which a reasonable factfinder could conclude that Miller was the person who destroyed it.

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

(PC) Dudley v. Kohler · filed 2020-06-23

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.

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

Purcell v. Odem · filed 2020-06-23

Second, plaintiff failed to allege facts showing how Odem or Plunkett were directly involved in or personally responsible for specific violations of his constitutional rights.

A Section 1983 claim requires the plaintiff to connect a defendant to the alleged wrong.

Covey v. Gregg County Facility · filed 2020-06-23

Specifically, Judge Mitchell found that plaintiff's claims and request for injunctive relief against the Gregg County Jail are now moot because he is no longer confined at that facility, and that plaintiff failed to connect defendants President Donald Trump and Governor Greg Abbott to his action in any way. ... Accordingly, the magistrate judge’s report and recommendation is adopted.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of his rights.

(PC) Frazier v. Janam · filed 2020-06-24

Under § 1983, plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.

Section 1983 requires facts connecting each individual defendant to the alleged deprivation of rights.

Slay v. Newete · filed 2020-06-24

Liability in a § 1983 case is personal. ... This fails to demonstrate how each individual defendant was directly responsible for depriving plaintiff of his constitutional rights.

Section 1983 requires a plaintiff to link each defendant’s conduct to the alleged deprivation of constitutional rights.

(PC) Vis v. Stevenson · filed 2020-06-25

Plaintiff’s complaint fails to state any claims for relief cognizable under 42 U.S.C. § 1983. He fails to explain just what each, individual defendant did that violated his constitutional rights.

Section 1983 liability requires personal participation in the deprivation of rights.

(PC) Hash v. Rallos · filed 2020-06-25

Liability under Section 1983 requires personal participation in the deprivation of rights.

Section 1983 requires a plaintiff to allege how each defendant was personally involved in the acts underlying the claim.

Hall v. LMDC · filed 2020-06-25

To state a claim for relief, Plaintiff must show how each Defendant is liable because the Defendant was personally involved in the acts about which he complains. ... The complaint fails to state how any Defendant was personally involved in the actions alleged by Plaintiff.

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

(PC) Barker v. California Health Care Facility · filed 2020-06-26

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.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation; vicarious liability does not suffice.

Williams v. Hampton · filed 2020-06-26

“Because vicarious liability is inapplicable to ... § 1983 suits, [Plaintiff] must plead that each government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Plaintiff alleges no such facts against Defendant Lewis. Thus, Plaintiff’s retaliation claims against Defendant Lewis are DISMISSED for failing to state a claim.

Section 1983 permits personal involvement to be established when prison officials responsible for grievances fail to remedy a constitutional deprivation.

Lugo v. Hannah · filed 2020-06-26

By failing to remedy the deprivation, these defendants were personally involved in the deprivation.

Section 1983 requires facts supporting a reasonable inference that each defendant is liable for the alleged deprivation; responsibility for a facility alone is insufficient.

ROGERS v. LEITH · filed 2020-06-26

To be liable under § 1983, a plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. Although Plaintiffs allege that Warden Leith is responsible for the facility, they have not alleged the circumstances under which ten COVID-19 positive staff members were permitted to have contact with inmates.

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

ADORNO v. THE GEO GROUP, INC. · filed 2020-06-26

In a § 1983 action, 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.

Section 1983 requires a plaintiff to allege that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Hackworth v. Arevalos · filed 2020-06-29

Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... Plaintiff does not include any allegations to show that one or more of the defendants informed the inmates of the charge knowing that it would create a risk to Plaintiff’s health or safety.

Section 1983 does not impose liability on an official who merely responds to a grievance without personally participating in the alleged violation.

Alkarawi v. Diaz · filed 2020-06-29

Diaz merely responded to Plaintiff’s grievance on the issue and, therefore, cannot be held liable under § 1983.

Section 1983 requires facts linking a defendant’s own actions to the alleged constitutional injury.

Alkarawi v. Grace · filed 2020-06-29

Further, there is nothing to suggest that the delay in scheduling Plaintiff’s appointment with the specialist was a result of Grace’s actions, rather than the offsite specialist’s availability or schedule.

Section 1983 requires a defendant’s personal participation in the alleged deprivation of rights for individual liability.

Jerrod v. Phillips · filed 2020-06-29

Liability under § 1983 arises only upon a showing of personal participation by a defendant.

Section 1983 requires a defendant’s personal involvement, which may be shown by maintaining a harmful policy or directly carrying out the alleged wrong.

JACKMON v. NJ DEPARTMENT OF CORRECTIONS · filed 2020-06-29

Here, reading Plaintiff’s pro se complaint liberally, I find that Plaintiff has sufficiently alleged that the individual Defendants had personal involvement in the alleged wrongs.

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

Pina-Rodriquez v. Koenigsmann · filed 2020-06-29

To adequately plead a Section 1983 claim, a plaintiff must also “plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Thus, plaintiff fails plausibly to plead the personal involvement of Drs. Viereckl-Prast, Conicelli, and Saleh in the administration of such procedure.

Section 1983 requires specific allegations of each individual defendant’s personal involvement in the alleged wrongs; liability cannot rest solely on supervisory status.

FRITZ v. WESTMORELAND COUNTY · filed 2020-06-29

To plead a sufficient civil rights claim against a defendant in his individual capacity, a plaintiff must show that the defendant had “personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” Rode v. Dellariciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (citation omitted). ... Therefore, the individual capacity claims directed at Anderson, Cerilli and Kopas in Count VI are dismissed with prejudice for failure to state a claim.

Section 1983 permits liability when an officer effectively causes another officer to commit a constitutional injury, even without directly participating.

Amisi v. Brown · filed 2020-06-30

However, Townsend ignores that § 1983 “imposes liability not only for conduct that directly violates a right but for conduct that is the effective cause of another’s direct infliction of the constitutional injury.” Sales v. Grant, 158 F.3d 768, 776 (4th Cir. 1998). ... Under this so-called “effective causation” theory, Plaintiff has alleged sufficient facts to establish that Townsend searched her.

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

Holmes v. McEwen · filed 2020-06-30

Accordingly, Mr. Holmes has failed to create any genuine issue of fact regarding Defendant McEwen’s involvement in the underlying incident, and Defendant McEwen is entitled to judgment as a matter of law.

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)Covarrubis v. Deuel Vocational Institution · filed 2020-06-30

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.

Section 1983 does not impose liability on prison officials who merely process or review grievances without personal involvement in the underlying conduct.

Jackson v. Santos · filed 2020-06-30

Similarly, prison officials who simply processed or reviewed inmate grievances lack personal involvement in the conduct forming the basis of the grievance, which precludes liability under Section 1983.

Section 1983 requires allegations that the defendant was personally involved in the claimed violation.

STAFFORD v. SHAPIRO · filed 2020-06-30

As there are no factual allegations of personal involvement by Shapiro, I cannot discern any legal basis for Shapiro’s liability here, and the claims against him must be dismissed.

Section 1983 requires allegations that each defendant was personally involved in the claimed rights violation.

Salter v. Wetzel · filed 2020-06-30

Because Plaintiff fails to provide any allegations of personal involvement in his complaint against Defendants Wetzel, Piskorik and Varner, these Defendants will be dismissed, as Plaintiff has failed to state a claim upon which relief may be granted.

Section 1983 requires a government official’s personal participation for individual-capacity liability.

Washington v. South Carolina Department of Corrections · filed 2020-06-30

But, as to individual capacity liability, the “personal participation of a defendant is a necessary element of a Section 1983 claim against government officials in their individual capacities.” ... The Court adopts the Magistrate Judge’s recommendation to dismiss Count Two as to Cartledge in his individual capacity.

Section 1983 requires proof that each defendant personally caused or participated in a constitutional deprivation.

Sierra-Lopez, Kevin v. Syed, Salam · filed 2020-07-01

Moreover, as the court explained in its screening order, plaintiff’s claims turn on his proof with respect to each individual defendant, rather than a claim against the defendants collectively.

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

CLARK v. DOE-HERNANDEZ · filed 2020-07-01

Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... He has not raised any allegations at all against Champlin, so he clearly has not provided a basis for a claim against her.

Section 1983 requires each defendant to be personally involved in the alleged deprivation of rights; supervisory status or later review of a grievance alone is insufficient.

VO v. WETZEL · filed 2020-07-01

Because neither Oliver nor Wetzel was personally involved in the alleged unconstitutional conduct, the claims brought against them are dismissed.

Section 1983 requires allegations connecting each defendant to the claimed deprivation of rights.

Bryant v. Tyler · filed 2020-07-02

Plaintiff has also named Milwaukee County Sheriff’s Office as a defendant, but the complaint does not contain any allegations against it. Accordingly, the Milwaukee County Sheriff’s Office will be dismissed as a defendant.

Section 1983 generally does not impose personal liability on a prison official merely for denying an inmate’s grievance about an alleged constitutional violation.

Guzman v. Jones · filed 2020-07-02

A prison official’s denial of an inmate’s grievance generally does not constitute significant participation in an alleged constitutional violation sufficient to give rise to personal liability under Section 1983.

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

Mieloszyk v. McBride · filed 2020-07-02

Absent this information, Plaintiff has failed to allege personal involvement as to any defendant that is sufficient to state a claim for deliberate indifference.

Section 1983 permits personal liability for a prison administrator whose correspondence from an inmate gives sufficient knowledge of a constitutional deprivation; an in-person conversation is unnecessary.

Saucedo-Cervante v. Childers · filed 2020-07-02

The Court agrees with Saucedo-Cervante that whether he ever personally spoke to Defendant Walker or Defendant Benton is completely irrelevant. It is well-established that “[a]n inmate’s correspondence to a prison administrator may . . . establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez v. Fenoglio, 792 F.3d 768, 781–82 (7th Cir. 2015).

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

Gee v. Department of Correction · filed 2020-07-02

In order to demonstrate that Defendants’ actions deprived Plaintiff of a constitutional right, Plaintiff must allege specific facts concerning each Defendant’s personal involvement in the alleged deprivations.

Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that defendant’s personal involvement in the constitutional violation; naming a defendant only in the complaint’s caption is insufficient.

Ayala-Rosario v. Westchester County · filed 2020-07-02

“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.” ... While Plaintiff includes Spano in the caption of his Complaint, Plaintiff alleges no conduct by Spano and does not even mention Spano in the body of his Complaint.

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

(PC) Scarzo v. Gruen · filed 2020-07-06

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.

Section 1983 requires a connection between each defendant’s actions and the alleged deprivation of rights; supervisory status alone does not establish liability.

(PC) Casto v. Newsom · filed 2020-07-06

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.

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

(PC) Miles v. Petersen · filed 2020-07-06

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.

Section 1983 requires a defendant’s personal involvement in the violation and does not impose liability solely because the defendant supervises someone else.

Campbell v. Hassell · filed 2020-07-06

“It is well established that there is no respondeat superior liability under § 1983.” ... While Mr. Campbell may be able to state valid Fourteenth Amendment claims, he does not describe how the defendants were personally involved. Therefore, he may not proceed against on this complaint.