42 U.S.C. § 1983

Section 1983 requires each defendant’s personal involvement in the alleged violation; it does not impose supervisory or respondeat superior liability.

Percle v. DeRidder · filed 2020-07-06

Section 1983 does not “create supervisory or respondeat superior liability.” ... Rather, the plaintiff “must allege facts reflecting the defendants' participation in the alleged wrong, specifying ... the personal involvement of each defendant.”

Section 1983 requires a plaintiff to allege that each individual defendant personally caused or participated in a constitutional deprivation.

Banks, Leon v. Staff/Medical Staff · filed 2020-07-07

To demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.

Section 1983 requires a plaintiff to allege facts showing that each individual defendant personally caused or participated in a constitutional deprivation.

Johnson, Maurice v. Warner, C. · filed 2020-07-07

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.

Section 1983 makes a public employee liable for her own knowledge and actions, so she cannot be liable for denying a benefit she had no power to grant.

Douglas v. Faith Reeves · filed 2020-07-07

Under § 1983, “a public employee’s liability is premised on her own knowledge and actions.” Aguilar v. Gaston‐Camara, 861 F.3d 626, 630 (7th Cir. 2017). Reeves—the only remaining defend‐ ant in this lawsuit—cannot be liable for denying Douglas a benefit she had no power to confer.

Section 1983 requires a plaintiff to allege specific facts about each defendant’s individual conduct in a retaliation claim.

Moore v. Hatton · filed 2020-07-07

He must allege specific facts as to each Defendant’s individual conduct to satisfy the first element of a retaliation claim.

Section 1983 requires a defendant to have caused or participated in a constitutional deprivation before personal liability can attach.

Smith v. Tapio · filed 2020-07-08

There was significant delay in addressing the plaintiff’s injury, but the court cannot reasonably infer from the plaintiff’s allegations that Tapio was responsible for the delays. See Vance v. Peters, 97 F.3d 987, 991 (7th Cir.1996) (“Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.”) (internal quotation marks and citation omitted).

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

(PC) Hernandez v. Mule Creek State Prison · filed 2020-07-08

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 plaintiff to identify the defendant’s conduct and explain how it caused the alleged deprivation of a constitutional right.

(PC) Gay v. State of California · filed 2020-07-08

A cognizable claim must specifically identify defendant’s challenged conduct, explain how that conduct is unreasonable under the circumstances, and describe how defendant’s conduct has harmed plaintiff. “A person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another’s affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made.”

Section 1983 requires liability to rest on each defendant’s own conduct; an officer cannot be held liable merely because other officers participated in an incident.

Purnell v. City of Sunnyvale Police Department · filed 2020-07-08

A defendant cannot be held liable under §1983 based on a “team effort” theory, which “lump[s] all the defendants together, rather than requir[ing] [plaintiff] to base each individual’s liability on his own conduct.”

A § 1983 claim against an individual defendant requires facts showing that defendant’s personal involvement in the alleged constitutional deprivation.

Dames v. De Blasio · filed 2020-07-08

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Defendant Mayor Bill de Blasio was personally involved in the events underlying her claims. Plaintiff’s claims against Mayor Bill de Blasio are therefore dismissed for failure to state a claim on which relief may be granted.

Section 1983 imposes individual liability only when a state actor plays an affirmative part in the alleged misconduct.

Oke v. Garman · filed 2020-07-08

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

Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status or denial of a grievance alone does not establish liability.

Weston v. Lensbower · filed 2020-07-08

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.” Evancho, 423 F.3d at 353 (quoting Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1998)). ... Defendant Lensbower is entitled to dismissal from this action based on lack of personal involvement in the alleged wrongful conduct.

Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; an officer who knows of unlawful conduct and turns a blind eye to it may be personally responsible.

Rivera v. Town Of Cicero · filed 2020-07-09

It is well established in this circuit that a plaintiff asserting claims under 42 U.S.C. § 1983 must allege that each defendant was personally involved in the alleged constitutional deprivation. ... Accordingly, the Court grants the motion to dismiss Count I as to Defendant Perez but denies it as to Defendant Lara.

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

Burnside v. Mueller · filed 2020-07-09

Liability under § 1983 is predicated on a defendant’s personal involvement in the alleged constitutional violation.

Section 1983 requires a defendant’s personal involvement in depriving the plaintiff of a constitutional right.

Johnson v. Corizon LLC · filed 2020-07-09

“A defendant will not be held liable under 42 U.S.C. § 1983 unless he was personally involved in ... causing the deprivation of a constitutional right.”

A § 1983 claim against a prison official must allege how that official personally participated in the claimed deprivation of rights.

GRIFFIN v. WETZEL · filed 2020-07-09

Griffin also does not explain how Defendant Wetzel was involved in the grievance process or otherwise personally acted to violate his due process rights.

A Section 1983 complaint must allege facts supporting a claim against the named defendant.

BURTCH v. GEORGIA · filed 2020-07-10

While Plaintiff names Deputy Warden Jones as the Defendant, he alleges no facts supporting any claim against her.

Section 1983 requires a plaintiff seeking to hold a prison official individually liable to plausibly allege the official’s personal involvement; a position in the chain of command alone is insufficient.

Knight v. New York State Department of Corrections · filed 2020-07-10

Accordingly, because “mere linkage in the prison chain of command is insufficient to implicate a [senior prison official] in a § 1983 claim,” all individual capacity claims against Koengismann are dismissed.

A § 1983 claim against a supervisor in a personal capacity requires facts plausibly linking the supervisor to the alleged deprivation of rights.

White v. Gutwein · filed 2020-07-10

Because Plaintiff fails to allege any facts that plausibly suggest that Commissioner Annucci had any direct involvement with, knowledge of, or responsibility for the alleged deprivations of Plaintiff’s rights, he also fails to state a claim against Commissioner Annucci in his personal capacity.

Section 1983 requires facts showing that an individually named defendant personally participated in causing the alleged harm.

Bradley v. Department of Executive Services · filed 2020-07-13

The Court declines to order that plaintiff's complaint be served because his complaint is deficient in the following respect: Plaintiff does not specifically allege in his complaint that the individual defendants violated any of his federal constitutional rights nor does he set forth any specific facts demonstrating that the individual defendants personally participated in causing him any harm of constitutional dimension.

Section 1983 requires a government official to have personally caused or acquiesced in the alleged deprivation of constitutional rights; a supervisory role alone is insufficient.

Smith v. Stevens · filed 2020-07-13

But for a government official to be liable under 42 U.S.C. §1983, that official personally must have caused the deprivation of the plaintiff’s constitutional rights.

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

(PC) Stobbe v. Gill · filed 2020-07-13

Plaintiff must allege that each defendant personally participated in the deprivation of his rights.

Section 1983 requires a plaintiff to allege a causal link between each defendant’s actions and the claimed deprivation of rights.

(PC) Muhammad v. Linennger · filed 2020-07-13

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. ... Since plaintiff never alleges any of these twenty-one defendants had a causal role in depriving plaintiff of his constitutional rights, the Court finds that plaintiff fails to state a claim against them.

Section 1983 requires a plaintiff to connect each defendant’s acts or omissions to the alleged constitutional violation.

King v. Davis · filed 2020-07-13

As the court also explained, King had to link individual defendants to his claims by explaining what each defendant did or failed to do that caused a violation of his constitutional rights.

Section 1983 requires factual allegations describing a defendant’s own actions and responsibilities to support individual liability.

Tucker v. Day · filed 2020-07-13

Tucker’s claims against Navarrete are also DISMISSED with leave to amend. Tucker names Navarette as a defendant but does not describe his actions in any way. Without specific factual allegations describing Navarette’s actions and responsibilities, the Court cannot assess whether he could be liable for his conduct.

Section 1983 requires allegations that the defendants were involved in the alleged deprivation of the plaintiff’s federal rights.

Phillips v. DOC · filed 2020-07-14

The complaint does not contain allegations that the defendants were involved in releasing the spreadsheet or that the spreadsheet contained any information about Plaintiff, including his protected health information.

Section 1983 requires personal involvement; an allegation that an official was present during conduct underlying a dismissed excessive force claim does not establish personal liability.

Martinaj v. Uhler · filed 2020-07-14

The Court notes that while Copeland alleges that Racette was present during his “interrogation, search and abuse,” (Dkt. No. 40, ¶ 159), Copeland’s excessive force claim has been dismissed and thus this allegation is insufficient to establish Racette’s personal liability.

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

(PC) Moore v. Mendoza · filed 2020-07-15

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.

Section 1983 requires an official’s personal involvement in an alleged constitutional violation; a place in the chain of command is insufficient.

Sampel v. Livingston County Jail · filed 2020-07-15

To establish liability against an official under § 1983, a plaintiff must allege that individual’s personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.

Section 1983 does not require an official’s personal involvement in past violations when the plaintiff seeks prospective injunctive relief for ongoing violations.

Doxzon v. Department of Human Services of the Commonwealth of Pennsylvania · filed 2020-07-15

We also reject defendant Miller’s contention that Doxzon does not have a reasonable likelihood of success on the merits of the 42 U.S.C. § 1983 claims against her because she was not personally involved in any decision regarding Doxzon’s CHC waiver services. Personal involvement is not, however, required as to claims for prospective injunctive relief for ongoing violations of federal law.

Section 1983 requires a defendant’s personal involvement in conduct that causes the deprivation of a federal right.

Shaw v. Kaemingk · filed 2020-07-15

Only state actors whose personal conduct caused the deprivation of a federal right are liable under § 1983. ... Shaw has not come forward with evidence to show that CBM defendants were personally involved in denying his Project Applications or his “Request for Religious and Alternative Diet” forms.

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

Pritchard v. Sheppard (PSLC1) · filed 2020-07-15

As Plaintiff’s complaint does not allow the Court to plausibly infer that Defendants were personally involved in any denial of assistance to him for his broken prosthetic leg, however, this claim will be DISMISSED for failure to state a claim upon which relief may be granted under § 1983.

Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.

Farnsworth v. Davis · filed 2020-07-16

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.

Reynolds v. Southwest VA Haysi Regional Jail Authority · filed 2020-07-16

Despite two prior orders informing Reynolds of these requirements and directing him to identify the specific actions of specific defendants to state a claim under Section 1983, his second amended complaint fails to name any action by any particular person or defendant.

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

Silk v. Hutcheson · filed 2020-07-16

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

Section 1983 requires facts showing that an individual defendant personally participated in or caused the alleged rights deprivation.

Tucker v. Adoc · filed 2020-07-16

The district court properly dismissed plaintiffs’ claims against Ryan in his individual capacity because plaintiffs failed to allege facts sufficient to show that Ryan personally participated in or caused the alleged violations.

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

Hayes v. Idaho Correctional Center · filed 2020-07-16

The district court properly granted summary judgment for defendant Burke because Hayes failed to raise a genuine dispute of material fact as to whether Burke personally participated in or caused the opening of his legal mail on December 28, 2010 and March 2, 2011. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires personal participation by the defendant in the alleged rights deprivation); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (elements for supervisory liability under § 1983).

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

Sherman v. Corcella · filed 2020-07-16

Absent proof that an official was personally involved in an Eighth Amendment violation, he or she cannot be held liable under § 1983.

Section 1983 requires a causal link between each defendant and the alleged deprivation of rights; a claim against an entire staff without identifying individual involvement is insufficient.

Terry v. Parker · filed 2020-07-16

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”

Section 1983 requires facts showing that a defendant personally participated in or caused the alleged constitutional deprivation.

Blanco v. Pete · filed 2020-07-17

The district court properly dismissed Blanco’s action because Blanco failed to allege facts sufficient to show that defendants personally participated in or otherwise caused the opening of his incoming legal mail on four occasions in 2017 and 2018.

Section 1983 requires a defendant’s personal involvement or a sufficient causal connection to the alleged constitutional deprivation.

Collins v. Neven · filed 2020-07-17

The district court properly granted summary judgment on Collins’s medical deliberate indifference claim because Collins failed to raise a genuine dispute of material fact as to whether defendants Cox, Aranas, and Neven violated his Eighth Amendment rights when they were not personally involved in Collins’s medical care.

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

(PC) Bouie v. Smith · filed 2020-07-17

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.

Section 1983 requires a plaintiff to allege what a defendant did or failed to do that violated the plaintiff’s rights.

Robertson v. San Francisco County Sheriffs Department · filed 2020-07-17

Moreover, Robertson does not link any defendant to this claim by alleging what a defendant did or failed to do that showed a violation of his rights, as the court cautioned him was necessary.

Section 1983 requires a defendant’s personal involvement in a constitutional violation before that defendant can be liable for damages.

Jumpp v. Simonow · filed 2020-07-20

Because a defendant’s personal involvement in an alleged constitutional violation is a prerequisite to hold a defendant liable for an award of damages under § 1983, Jumpp has not sufficiently alleged a claim of Fourteenth Amendment deliberate indifference against any of the named defendants based on being served this meal of chicken ground with bones.

Section 1983 requires a defendant sued in an individual capacity to have personally participated in the alleged denial of rights.

Woodward v. Davis · filed 2020-07-20

For a defendant to be held liable under § 1983 in his individual capacity, the plaintiff must demonstrate that the defendant personally participated in the alleged denial of rights.

Section 1983 permits claims against each officer when the complaint alleges they acted in concert to violate the plaintiff’s rights.

D'Acquisto v. Anderson · filed 2020-07-20

Because Plaintiff alleges that they were acting in concert, Plaintiff’s allegations are sufficient to state claims against each of the defendants.

Section 1983 does not impose liability on defendants who were not involved in the challenged treatment decisions.

(PC) Williams v. Bell · filed 2020-07-20

The magistrate judge considered the evidence presented on summary judgment and the applicable law, concluding that the level of mental health care provided to plaintiff by defendants was reasonable, that plaintiff had not presented evidence meeting the threshold of establishing deliberate indifference, and that under the undisputed evidence some of the named defendants were not involved in decision-making related to plaintiff’s treatment. (Doc. No. 121 at 10-16.) Having carefully reviewed the entire file, the court finds the pending findings and recommendations to be supported by the record and by proper analysis.

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

Aguilera v. Ducart · filed 2020-07-20

The amended complaint sufficiently links the deprivation of plaintiff’s constitutional rights to defendant Molina’s blanket authorization of the use of deadly force and to defendant Hendrix’s actions.

Section 1983 requires a plaintiff to plausibly allege a causal link between each defendant’s actions or omissions and a violation of federal rights.

Hicks v. Diaz · filed 2020-07-20

As discussed above, § 1983 requires Plaintiff to allege facts sufficient to plausibly show that there is a link, or causal connection, between each defendant’s actions or omissions and a violation of his federal rights.

Section 1983 requires a defendant’s personal participation in a constitutional violation; supervisory status alone does not establish liability.

Stokes v. Dovey · filed 2020-07-20

Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation.

Section 1983 requires an official’s personal involvement in the alleged constitutional violation; a place in the chain of command is insufficient.

Briglin v. Morley · filed 2020-07-20

To establish liability against an official under § 1983, a plaintiff must allege that individual's personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; prison officials’ own decisions about funding medical care can support a claim.

ZEHRING v. SORBER · filed 2020-07-20

Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... Zehring’s claims against the non-medical Defendants, Superintendent Sorber, Deputy Secretary Ferguson, and Director Silva, based on the delay in medical treatment are grounded on their alleged personal knowledge of his need for treatment and their personal actions that failed to fund such treatment adequately, resulting in non-medical reasons for his delay in receiving treatment.

Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Petties v. Smalls · filed 2020-07-21

To state a claim under § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Defendant Kisha Smalls was personally involved in the events underlying his claims. The Court therefore dismisses Plaintiff’s claims against Smalls for failure to state a claim on which relief may be granted.

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

Hall v. Department of Corrections Medical Department · filed 2020-07-21

In general, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... These facts are far from sufficient to support Defendants’ personal involvement in a constitutional deprivation.

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

LAWSON v. BANTA · filed 2020-07-21

Plaintiff has not, however, provided any evidence directly tying either named Defendant to the alleged mail interference, as is required under § 1983.

Section 1983 requires allegations of a defendant’s personal involvement; a name appearing in medical records is insufficient.

(PC) Pena v. Sherman · filed 2020-07-22

Plaintiff’s single objection that does address substance—that the names of all fourteen defendants appear in his medical records—is insufficient to overcome the lack of personal allegations against ten of the fourteen.

Section 1983 liability requires an alleged affirmative connection between the challenged conduct and each identified defendant.

(PC) Greschner v. CDCR · filed 2020-07-22

This court also recommended the dismissal of defendants “HDSP personnel,” including potential supervisorial defendants, as “too broad to identify appropriate defendants, because liability requires an alleged affirmative connection between the conduct challenged and specifically identified defendants.” ... Plaintiff’s request is without merit for the reasons noted above.

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

Jackson v. Kuepper · filed 2020-07-23

But liability under 42 U.S.C. § 1983 requires personal involvement, see Mitchell v. Kallas, 895 F.3d 492, 498–99 (7th Cir. 2018), and Jackson offers no evidence that these defendants knew that Kuepper would put soap in the ice, that Jackson would drink the melted ice rather than potable water, and that she would do so in a quantity that was harmful.

Section 1983 requires a plaintiff to allege a specific injury linked to the conduct of a particular defendant.

Hill 068563 v. Arizona Department of Corrections · filed 2020-07-23

In addition, a plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff fails to allege facts to support when, how, or what each Defendant did that violated his right of familial association.

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

Hamilton v. Westchester Department of Corrections · filed 2020-07-23

Therefore, no named defendant is plausibly alleged to have been personally involved in those incidents, and Plaintiff cannot recover in the abstract for the pain he allegedly suffered during that period.

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

Brown v. Yates · filed 2020-07-23

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Plaintiff must go further and state how the named defendant’s personal participation violated his constitutional rights.

A defendant’s notice of an alleged sentence miscalculation through a grievance appeal, followed by inaction, can sufficiently allege personal involvement in a § 1983 claim.

Marrow v. Lawler · filed 2020-07-23

Moreover, while Plaintiff’s only allegation against Defendant Brittain is that she denied the appeal of his grievance regarding his sentence calculation (id. at 2), the Court concludes that such is sufficient to state a claim that Defendant Brittain was on notice of the alleged miscalculation and took no action to correct it.

Section 1983 requires proof that each named officer was personally involved in the alleged violation.

Williams v. City of York · filed 2020-07-24

Jutrowski’s central tenet—that “a defendant’s § 1983 liability must be predicated on his direct and personal involvement in the alleged violation”—is “manifest in our excessive force jurisprudence.”

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

(PC) Howell v. McKelvey · filed 2020-07-24

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

(PC) Burton v. Arya · filed 2020-07-24

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 conduct and the claimed deprivation of rights.

Uniloc 2017 LLC v. Google LLC · filed 2020-07-24

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.

Section 1983 requires a causal connection between a defendant and the alleged injury, even when the defendant did not personally participate.

Corpus v. Depass · filed 2020-07-24

Although personal participation is not specifically required for liability under § 1983, there must be some causal connection between the defendant named and the injury allegedly sustained.

Section 1983 requires a plaintiff to explain how each named defendant was personally involved in the alleged wrongdoing.

Davis v. Hassel · filed 2020-07-24

Nor has Mr. Davis explained how the named defendants are personally involved with these alleged shortcomings.

Section 1983 does not impose liability on county commissioners solely because they oversee county matters or supervise county personnel; they must be personally involved.

Miles v. Grant County Commissioners · filed 2020-07-24

There is nothing to suggest that any of the Grant County Commissioners were personally involved in these events, and they cannot be held liable solely because they oversee matters within the county or supervise other county personnel.

Section 1983 requires an individual defendant to have been personally involved in the constitutional violation.

Fernandez v. O'Neill · filed 2020-07-24

Plaintiff has not provided evidence that Moncion was personally involved in his arrest.

Individual liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory status alone is insufficient.

Price v. Koenigsmann · filed 2020-07-24

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under [42 U.S.C.] § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” ... Therefore, Koenigsmann is dismissed for lack of personal involvement.

Section 1983 requires allegations connecting a named defendant to the alleged violation; naming someone only in the caption is insufficient.

Coit v. Luther · filed 2020-07-24

Plaintiff names Defendant Ellenberger in the caption, but there are no averments related to him in the body of the complaint. Plaintiff’s complaint, therefore, is subject to dismissal with respect to Defendant Ellenberger for that reason alone.

Section 1983 requires personal involvement to establish individual liability.

Cook v. Helder · filed 2020-07-27

Individual liability under § 1983 must be based on personal involvement.

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

Fluker v. Kelly · filed 2020-07-27

Fluker cannot hold a defendant liable for an award damages without alleging a defendant’s personal involvement in the asserted constitutional violation. ... Although the extent of involvement by Lieutenant Kelly, Officer Michaud and Officer Verdura in the alleged procedural due process violation is not entirely clear, the court will permit this claim to proceed against Lieutenant Kelly, Officer Michaud and Officer Verdura for further development.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages can be awarded against that defendant.

Oh v. Saprano · filed 2020-07-27

I dismiss all of Oh’s claims against those seven supervisory defendants because (1) he has not alleged that some of them were personally involved in his alleged constitutional deprivation, and, even if he had, (2) he has not alleged that any supervisory defendant acted with a sufficiently culpable state of mind. “Personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 damages claims require allegations connecting each defendant’s own conduct to the alleged constitutional violation.

Ghee v. State of New York Department of Corrections · filed 2020-07-27

Because the complaint fails to allege the personal involvement of defendants Kirkpatrick and Doe in any alleged constitutional violation, any claims asserted against those individuals are dismissed for failure to state a claim upon which relief may be granted pursuant to Sections 1915(e)(2)(B)(ii) and 1915A(b)(1).

Section 1983 requires a defendant to cause or participate in the rights violation; investigating or denying a grievance about it does not suffice.

Williams v. Kinyon · filed 2020-07-28

Payne’s allegedly poor investigation and denial of Williams’ inmate complaint did not cause or contribute to the delay in treatment, so he fails to state a claim against her.

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

Davies v. Espinda · filed 2020-07-28

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

Section 1983 requires a supervisor’s personal involvement in a constitutional violation; supervisory status alone does not create liability.

Ruiz v. Westchester County DOC · filed 2020-07-28

A supervisor does not become responsible for the actions of those under their command merely because of their supervisory role.

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

Burton v. WETZEL · filed 2020-07-28

Accordingly, for the foregoing reasons, we will grant the defendants’ motion for a more definite statement and require Burton to file an amended complaint containing the details requested by the defendants, i.e., the specific instances of sexual harassment, discrimination, and verbal and psychological abuse and each defendant’s direct role in every instance. ... 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.

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

Wilson v. Wexford Health Source Inc. · filed 2020-07-29

Since Wilson fails to allege that Jeffreys or Baldwin were “personally responsible” for the alleged deprivations of his rights, Wilson fails to state a § 1983 claim against either of these defendants.

Section 1983 liability requires a defendant’s personal participation in the constitutional violation; supervisory status alone does not suffice.

Footes v. Bishop · filed 2020-07-29

Liability under § 1983 attaches only upon a defendant’s personal participation in the constitutional violation.

Section 1983 requires factual allegations connecting each individual defendant to the claimed violation.

(PC) Escobar v. Gary · filed 2020-07-30

Having carefully reviewed the entire file, including plaintiffs objections, the court concludes that the findings and recommendations are supported by the record and by proper analysis. ... Notably, the objections do not dispute that the FAC fails to allege any facts against any of the individually named defendants, or any facts supporting any of the various claims plaintiff appears to be asserting in this action.

Section 1983 requires each defendant’s personal involvement in the deprivation of rights; it does not impose respondeat superior liability.

(PC) Ramsey v. Dickerson · filed 2020-07-30

There is no respondeat superior liability, and each defendant is only liable for his or her own misconduct.

Section 1983 requires a complaint to allege how each named defendant was involved in depriving the plaintiff of a federal right.

(PC) Brooks v. Santoro · filed 2020-07-30

The amended complaint must allege in specific terms how each named defendant is involved, or how implementation of the underground regulation caused violation of his rights.

Section 1983 requires a complaint to identify each defendant’s involvement and connect that defendant’s actions to the alleged deprivation of rights.

(PC) Green v. McFarlane · filed 2020-07-30

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

(PC) Johnson v. Nelson · filed 2020-07-30

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 link each defendant’s conduct to the alleged deprivation of rights.

D'Agirbaud v. Kam · filed 2020-07-30

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

Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation.

Valdez v. City of Chicago · filed 2020-07-30

To state a claim under 42 U.S.C.§ 1983, Valdez must allege “personal involvement in the alleged constitutional deprivation.” ... Because the court can conceive of no facts that would implicate Emanuel in the promotion decision, Counts III and IV are dismissed against him with prejudice.

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

Taylor v. NYC · filed 2020-07-30

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.

Section 1983 liability requires personal involvement in the deprivation of a federal constitutional right.

Jay v. Venetozzi · filed 2020-07-30

Personal involvement in the deprivation of a federal constitutional right is the sine qua non of liability under § 1983.

Section 1983 does not impose liability on prison officials who only deny grievances without causing or participating in the underlying conduct.

Bryson v. Donovan · filed 2020-07-31

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under §1983.

A § 1983 claim against an individual defendant must plausibly allege what that person did; merely identifying the person as involved is insufficient.

Bush v. Philadelphia Redevelopment Aut · filed 2020-07-31

They have not developed that argument, but we need not reach it because we agree with their alternative argument and with the District Court that Bush otherwise failed to state any plausible claim against them. In Bush’s complaint, he merely identified the individual defendants as persons “involved” in the events giving rise to his claims without specifying what they did.

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

Phillips v. Reinhart · filed 2020-07-31

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 has not alleged what the only individual defendant named specifically did to violate his constitutional rights. Accordingly, Plaintiff fails to state a cognizable claim for relief against Defendant Michael Reinhart in this action.

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

(PC) Foster v. Russell · filed 2020-07-31

If plaintiff elects to file a third amended complaint, that pleading must identify as a defendant only persons who personally participated in a substantial way in depriving him of a federal constitutional right.

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

(PC) West v. High Desert State Prison · filed 2020-07-31

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 connection between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Cox v. Daram · filed 2020-07-31

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.

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

SELBY v. KILEY · filed 2020-07-31

Next, claims against Sheriff Dave Wedding must be dismissed because "[i]ndividual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."

A Section 1983 complaint must connect its factual allegations to particular defendants.

Jones v. Chief of Police · filed 2020-07-31

Plaintiff Jason Marcus Jones, who is a pretrial detainee at the Washoe County Detention Facility (“WCDF”), brings this action under 42 U.S.C. § 1983. Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 25), recommending that the Court: ... (2) dismiss his Complaint with leave to amend, primarily because he did not include many factual allegations in his Complaint, nor connect those allegations to particular defendants; ... For this reason, and as explained below, the Court adopts the R&R, and will take each of the actions Judge Cobb recommends.

Section 1983 requires a defendant’s personal involvement in the alleged violation; a defendant cannot be held liable solely for another officer’s actions.

BROWN v. GEO GROUP INC · filed 2020-07-31

Because Brown alleges no facts that point to the involvement of any of the moving Defendants in that incident, they are entitled to dismissal.

Section 1983 requires facts showing that the defendant personally caused the alleged constitutional violation.

Rainey v. Golden · filed 2020-08-03

Moreover, Plaintiff has failed to direct the Court to any specific facts that Defendant himself delayed Plaintiff's arraignment due to ill-will or malice.

Section 1983 does not impose liability on a prison official for failing to provide information during a grievance process without personal involvement in the underlying constitutional deprivation.

AUSTIN v. HAMMERS · filed 2020-08-03

Nor is Bolland’s alleged failure to provide information in the context of the grievance procedure actionable.

Section 1983 requires a defendant to be personally responsible for the alleged deprivation of rights.

Williams, Derek v. Boughton, Warden · filed 2020-08-04

The undisputed evidence shows that Goff wasn’t the one who decided that Jumu’ah should take place in the gym that day, so he cannot be held liable under § 1983.

Section 1983 requires allegations showing each defendant personally participated in the deprivation of the plaintiff’s rights; naming defendants alone is insufficient.

(PC) Vargas v. California Department of Corrections and Rehabilitation · filed 2020-08-04

Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... Although Plaintiff adequately alleges a serious medical need and the deliberate indifference demonstrated by the denial of that need, Plaintiff’s allegations are too conclusory to impose liability on any of that Defendants.

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

(PC) Dunbar v. California Corrections Department · filed 2020-08-04

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 a defendant to have personally caused the alleged constitutional deprivation; filing a false report after an assault does not make that defendant liable for the force used.

(PC) Lamon v. Mey · filed 2020-08-04

These allegations do not rise to the level of an Eighth Amendment claim because the alleged filing of the false report did not cause the alleged assault.

Section 1983 requires personal fault, based on a defendant’s own conduct or conduct carried out under the defendant’s policies or customs.

Blankumsee v. Foxwell · filed 2020-08-04

Section 1983 requires a showing of personal fault, whether based upon the defendant’s own conduct or another’s conduct in executing the defendant’s policies or customs.

Section 1983 requires an individual defendant to participate directly in the alleged constitutional violation; vicarious liability alone is insufficient.

Salvatore v. City of Wildwood, Missouri · filed 2020-08-04

An individual may not be held liable under § 1983 under a theory of vicarious liability or respondeat superior. ... In short, the Court finds that genuine issues of material fact exist on Bowlin and Thomas’s direct participation in deprivation of Salvatore’s First Amendment rights, and denies both Motions for Summary Judgment on this point.

Section 1983 requires facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.

Ndemenoh v. Boudreau · filed 2020-08-04

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.

Section 1983 makes a public employee liable for the employee’s own knowledge and actions.

Harris v. Meisner · filed 2020-08-05

Messner is not responsible for what happened to the documents after Harris’ sister picked them up. Under § 1983, “a public employee’s liability is premised on h[is] own knowledge and actions.” Id. at 630.

Section 1983 requires evidence that defendants were personally involved in a constitutional deprivation.

Martin v. Basnettt · filed 2020-08-05

In order to recover under section 1983, Plaintiff must present evidence that Defendants were personally involved in a constitutional deprivation. ... But Plaintiff fails to present any such evidence.

Section 1983 requires a plaintiff to establish each defendant’s personal involvement to survive summary judgment.

Waters v. State of Delaware · filed 2020-08-05

This rule ensures that a plaintiff establishes the “personal involvement” of each defendant in order to survive summary judgment. ... This concession accords with the evidence, as Defendant McCann, and not the other two officers, activated all three taser bursts. Summary judgment on the excessive force claim is therefore granted for Defendants Osgood and Holl.

Section 1983 requires a causal link between a defendant and the deprivation of rights; merely naming an official does not establish liability.

Johnson v. White · filed 2020-08-05

“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Simply placing a defendant’s name in the complaint is not enough to assert their responsibility. ... Plaintiff asserts no allegations of wrongdoing on the part of warden Lawson and therefore fails to state a claim against her.

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

(PC) Franks v. Johnson · filed 2020-08-06

The statute plainly 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. ... Here, Plaintiff has identified three separate defendants, but he has not alleged what each defendant did or did not do that resulted in a violation of his constitutional rights.

Section 1983 permits individual liability for officials who personally influence a decision that violates someone’s rights, even if they lack formal authority to make it.

Hladek v. City of Calumet City · filed 2020-08-06

However, Plaintiff adequately alleges facts plausibly suggesting that the Moving Defendants actively participated in and corruptly influenced the promotional decision, despite their lack of legal authority to do so, and may be liable for the resulting injury.

Section 1983 requires an individual defendant’s personal involvement in the alleged wrongdoing; supervisory responsibility alone does not establish liability.

WILSON v. NEW JERSEY DEPARTMENT OF CORRECTION · filed 2020-08-06

A[n individual government] defendant in a civil rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of respondeat superior. ... In sum, Plaintiff has failed to allege sufficient facts supporting his conclusion that he was exposed to a serious risk to his health or that any defendant was aware of and failed to protect him from a serious risk of present or future injury from breathing a hazardous substance or exposure to temperature extremes.

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

LEWIS v. ENGLISH · filed 2020-08-06

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 does not impose liability on prison officials solely because they respond to, or fail to respond to, grievances about an earlier alleged rights violation.

POWELL v. MCKEOWN · filed 2020-08-06

Consequently, any claims asserted by Plaintiff in an attempt to establish liability against Defendants Mahally and Moslak based solely upon the substance of their respective responses, or lack thereof, to his grievances or administrative remedies does not support a constitutional claim.

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

Milardo v. Semple · filed 2020-08-07

For any action under Section 1983, a plaintiff must also allege facts showing the defendants’ direct and “personal involvement . . . in [the] alleged constitutional deprivations.”

Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

OSBORN v. GILMORE · filed 2020-08-07

"Individual 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 and citation omitted). Because Mr. Osborn has made no allegations against Kevin Gilmore or Richard Brown, any claims against them are dismissed for failure to state a claim upon which relief may be granted.

Section 1983 requires a plaintiff suing an individual defendant to allege that defendant’s personal involvement in the alleged wrongdoing.

Vega v. Commonwealth of Pennsylvania, Department of Transportation · filed 2020-08-07

Therefore, Vega does not sufficiently allege personal involvement by Richards. As a result, all claims (Counts I, II, III, and IV) against Richards in her personal capacity are dismissed without prejudice.

Section 1983 claims must sufficiently allege each defendant’s personal involvement; conclusory allegations do not state a claim.

Ndaula v. Clinton County Correctional Facility · filed 2020-08-07

The amended complaint should specify which actions are alleged as to which defendants and sufficiently allege personal involvement of the defendant in the acts which Plaintiff claims violated his rights. Mere conclusory allegations will not set forth cognizable claims.

Section 1983 does not impose liability on a prison official solely for improperly processing an inmate’s grievances or appeals.

Himes v. Garcia · filed 2020-08-10

However, a prison official’s allegedly improper processing of an inmate’s grievances or appeals, without more, cannot serve as a basis for section 1983 liability.

Section 1983 requires personal involvement for individual-capacity liability; vague allegations about officials’ conduct do not suffice.

Watison v. Parker · filed 2020-08-10

However, these allegations are far too vague to plead personal involvement necessary to “plausibly suggest an entitlement to relief.” Williams, 631 F.3d at 383 (quoting Iqbal, 556 U.S. at 681). Accordingly, Plaintiff’s individual-capacity Section 1983 claims against Slattery, Parker, and Dotson must be dismissed.

Section 1983 requires a plaintiff to allege that each defendant was personally involved in violating a constitutional right; supervisory status alone does not establish liability.

Thomas-El v. Francis · filed 2020-08-11

To state a claim under § 1983, plaintiff must plead that a government official has personally violated his constitutional rights.

Section 1983 requires a defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights for personal liability.

Shelton v. Price · filed 2020-08-11

Moreover, personal liability in a § 1983 action hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights. ... Shelton’s complaint makes no allegations at all against Price specifically, much less allege that Price was personally involved in conduct that violated his constitutional rights.

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

Stapleton v. Pagano · filed 2020-08-11

This too is fatal to Plaintiff’s claim. “Proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on a claim for damages under § 1983.”

A § 1983 claim requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.

Coke v. New York State Department of Corrections & Community Supervision Medical Services Department · filed 2020-08-11

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing how Defendants Parker and Ferdous were personally involved in a constitutional violation.

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

Martz v. Wetzel · filed 2020-08-11

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.” ... Martz’s claims against Defendants Wetzel, Bickell, and Delbalso must be dismissed because his complaint is devoid of any facts showing how they were involved in the alleged constitutional violations.

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

Molcon v. Betti · filed 2020-08-11

That said, Plaintiff continues to fail to allege any personal involvement by Defendant Betti in the amended complaint.

Section 1983 requires each defendant’s personal involvement in the alleged deprivation; mere presence and awareness are insufficient.

GREEN v. WETZEL · filed 2020-08-11

Here, Plaintiff cannot rely on the mere presence and “awareness” of defendants Crum, Ruff, Galbreathe, Sissem, Anderson, Adams, and Santos to establish that these defendants played an affirmative part in transferring him to cell 31 when the evidence in the record reflects that Deplatchet was the decisionmaker who ordered the transfer.

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

Moore v. Parsons · filed 2020-08-12

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.

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

Clark v. Wimer · filed 2020-08-12

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement. ... In light of these failures, the court will dismiss the deliberate indifference claim, but allow Clark to file an amended complaint that states specifically who he believes was deliberately indifferent to his medical needs, as well as any facts to support those claims.

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

(PC) Anderson v. Vangerwen · filed 2020-08-12

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 generally requires a prison official’s personal participation in an alleged constitutional violation for individual-capacity damages.

Veenstra v. Little · filed 2020-08-12

Prison officials generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations.

Section 1983 does not impose liability on a warden merely for addressing an inmate’s grievance without personal involvement in the alleged violation.

Abell v. Graham · filed 2020-08-12

However, addressing an inmate’s complaint, without more, is insufficient to confer liability.

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

Horacek v. Carter · filed 2020-08-12

In addition, the plaintiff must allege that “the defendants were personally involved in the alleged deprivation of federal rights.” Frazier v. Michigan, 41 F. App’x 762, 764 (6th Cir. 2002) (citing Hall v. United States, 704 F.2d 246, 251 (6th Cir. 1983)). ... Because Plaintiff made no allegations against Kim Farris, Marianne D. McKissick, or Sgt. Slater, those defendants will be dismissed.

Section 1983 claims against prison officials must identify individuals personally involved in the alleged violations.

Taylor v. Alexis · filed 2020-08-12

The second amended complaint must name proper defendants (i.e., those individuals with personal involvement over plaintiff’s claims), and those defendants must be named in the caption and in the statement of claim.

Section 1983 requires facts plausibly showing that a named defendant was personally involved in the alleged retaliatory act.

Gilmore v. Karandy · filed 2020-08-12

Insofar as plaintiff has asserted a retaliation claim based on plaintiff's transfer to a new correctional facility following his submission of a grievance regarding the allegedly forged medical records, the Court has no basis to plausibly infer from the allegations in the amended complaint either that the named defendants were personally involved in the decision to transfer plaintiff, or that the transfer was motivated by plaintiff's grievance submission.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; allegations that medical providers knew of a prisoner’s condition and withheld treatment can support a claim.

SCHURAWLOW v. RUSSELL · filed 2020-08-12

Furthermore, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs” to be liable. ... Here, Schurawlow alleges that Benner and Dr. Wilson had knowledge of his conditions and either did not provide medical treatment or did not provide the treatment that he claims was required. Taking all inferences as true as the court is obligated to do at this stage of the litigation, Schurawlow has alleged sufficient facts to proceed on his claims against these two defendants.

Section 1983 requires allegations connecting a defendant to the claimed deprivation; merely naming an entity without alleging its conduct does not state a claim against it.

Esposito v. Gibbs · filed 2020-08-13

Plaintiff has named the Racine County Sheriff’s Office as a defendant, but the complaint contains no allegations against the entity. Therefore, it will be dismissed as a defendant.

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

Washington v. Ondrejka · filed 2020-08-13

Washington’s claims against these defendants are not based on personal involvement, as required to establish liability in a § 1983 claim; they are based solely on the operation of respondeat superior.

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

Osborn 178862 v. Wishchuen · filed 2020-08-13

In addition, a plaintiff must allege that she suffered a specific injury as a result of the conduct of a particular defendant and she must allege an affirmative link between the injury and the conduct of that defendant. ... Plaintiff claims she has suffered ongoing harassment by other prisoners, but she has provided no factual detail regarding any such harassment, let alone connected that harassment to Chacon’s conduct.

Section 1983 requires a plaintiff to allege facts showing how each defendant was personally involved in or directly responsible for the alleged harm.

Moore v. Turner · filed 2020-08-13

It is important that plaintiff allege facts explaining how each defendant was personally involved in or directly responsible for harming him.

Section 1983 requires evidence of a health services manager’s personal involvement in an inmate’s care to hold the manager liable for that care.

Machicote v. Doctor Roethlisberger · filed 2020-08-14

As for Warner, the health services manager, the district court properly concluded that she did not have knowledge of Machicote’s treatment or the authority to intervene in it. No evidence suggests that she was personally involved in his care beyond fielding Nurse Stecker’s complaints about him.

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

(PC) Miles v. Garland · filed 2020-08-14

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 does not support a claim against an official for mishandling grievances when the official neither caused nor participated in the underlying misconduct.

Balderas v. Hale · filed 2020-08-14

Plaintiff’s only allegations against Major McLauran pertain to his mishandling of Plaintiff’s grievances and no other underlying misconduct. Accordingly, Count 4 cannot proceed against this defendant and shall be dismissed with prejudice.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; a defendant who did not decide a prisoner’s transfer cannot be held liable for that transfer based on her statements alone.

Hill 250316 v. Coleman · filed 2020-08-14

Moreover, Plaintiff fails to allege facts showing that Defendant Doolittle had any part in his transfer. Even if Defendant Doolittle had made retaliatory statements to Plaintiff, those statements would not be evidence of retaliation if she was not the decisionmaker taking the alleged adverse action.

Section 1983 requires a plaintiff seeking individual liability to identify each defendant’s personal involvement in the alleged constitutional violation.

Whitehead v. Bickford · filed 2020-08-14

To illustrate, Plaintiffs allege that “Defendants” collectively disseminated the press release but then fail to identify which individual Defendant(s) personally participated in its creation and release, which is required for individual liable under 42 U.S.C. § 1983.

Section 1983 requires factual allegations tying each government official to the alleged constitutional violation; allegations against defendants as a group are insufficient.

Richardson v. Clarke · filed 2020-08-17

Section 1983 plaintiffs must “ground [their] legal conclusions in a sufficiently plausible factual basis” that places each defendant “on notice of what exactly [he or she] might have done to violate [the plaintiff's] rights under the Constitution.” ... Richardson’s complaint repeatedly runs afoul of the foregoing requirements and repeatedly refers to “Defendants” as a group, without any specific factual allegations tying Director Clarke to the alleged unconstitutional conduct.