42 U.S.C. § 1983

Section 1983 requires facts plausibly showing a defendant's personal involvement in the alleged wrongdoing.

Sanchez v. Shanley · filed 2020-11-03

In short, the amended complaint lacks allegations which plausibly suggest that defendant Shanley was personally involved in any wrongdoing following his alleged receipt of a letter from plaintiff regarding plaintiff's removal from a training program.

Section 1983 requires a plaintiff seeking to hold an individual defendant liable to show that defendant’s personal involvement in the alleged constitutional deprivation.

Turner v. Dellapia · filed 2020-11-03

“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983,” as under Bivens, “a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.” ... The Court therefore denies the County Defendants’ motion to the extent it is premised on failure to allege their personal involvement in the allegedly unconstitutional acts.

Section 1983 requires facts connecting each defendant to the alleged deprivation; identifying officials by their positions alone does not state a claim.

Duffy v. May · filed 2020-11-04

Other than to describe their positions, there are no allegations directed to any defendant.

Section 1983 does not make officers liable for another officer’s use of force when they neither caused it nor had an opportunity to intervene.

Williamson v. Wills · filed 2020-11-04

None of these officers caused the shooting defendants to discharge their weapons. There was no time for them to either object or intercede. Simply put, the non-shooting defendants may have participated in the initial plan to stop Chacon, but they were bystanders to the subsequent use of force.

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

Mieloszyk v. McBride · filed 2020-11-04

Further, to state a claim under Section 1983 Plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.

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

El Dey v. Brann · filed 2020-11-04

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

Green v. Ratliff · filed 2020-11-05

Thus, Green has not stated facts describing personal actions by each of the defendants as required to state a § 1983 claim against any of them.

Section 1983 requires a complaint to name defendants who personally participated in the alleged deprivation of a federal constitutional right.

(PC) Hill v. Newsom · filed 2020-11-05

Finally, an amended complaint must also 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 show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC)Dingle v. Tesluk · filed 2020-11-05

Under § 1983, plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. ... Plaintiff fails to identify any specific action, or inaction, by any specific unnamed defendant.

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

(PC) Adcock v. Peery · filed 2020-11-05

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) Lake v. Diaz · filed 2020-11-05

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.

Section 1983 requires a plaintiff to show a defendant’s personal involvement in the alleged constitutional deprivation to establish individual liability.

Jensen v. Quiros · filed 2020-11-05

“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 liability for deliberate indifference cannot rest solely on a defendant’s knowledge of a prisoner’s complaints through grievances.

Gill v. Aranas · filed 2020-11-05

But as Judge Baldwin correctly found, Aranas’s knowledge of Plaintiff’s ... complaints through Plaintiff’s grievances, without more, cannot establish that Aranas personally acted with deliberate indifference for purposes of § 1983 liability.

A § 1983 claim for delayed or denied medical care requires the personal involvement of a defendant.

Feliz v. Westchester Department of Corrections (Valhalla) · filed 2020-11-05

The allegations about medical care for the resulting injuries could arguably give rise to a § 1983 claim, but Plaintiff does not name any defendant who was personally involved in delaying or denying him adequate medical care.

A § 1983 claim requires allegations showing each defendant’s personal involvement in the alleged constitutional violation.

KELLY v. PA DOC · filed 2020-11-05

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 link each defendant’s conduct to the alleged deprivation.

Pitts v. Espinda · filed 2020-11-06

These claims fail at the starting gate, however, because Pitts fails to link the alleged harm to any Defendant. See Latonie, 2013 WL 3327942, at *3 (“There can be no liability under § 1983 without an affirmative link or connection between an individual defendant's actions and the claimed deprivation.”). Pitts claims based on the conditions in the SHU are DISMISSED with leave granted to amend.

Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right; a sheriff’s position alone does not establish liability.

Pitts v. Downey · filed 2020-11-06

Plaintiff’s only allegations against Defendant Downey is that he is responsible in his capacity as Sheriff. Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.” quoting Chavez v. Ill. State Police, 251 F.3d 612, 651 (7th Cir.2001)). Here, as Plaintiff does not allege Defendant Downey had personal knowledge of the alleged conditions, he is DISMISSED.

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

Lacy v. Osmundson · filed 2020-11-06

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.”

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

Dittmer v. Corizon Health, Inc. · filed 2020-11-06

Disregarding the objective component, the complaint states neither a culpable mental state nor personal involvement of the MDOC Defendants.

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

Caggiano v. Rees · filed 2020-11-06

While the Complaint contains allegations related to Plaintiff's mental health needs and treatment at Mohawk C.F. and Mid-State C.F. from August 2017 until December 2017, Plaintiff has not alleged that Agosh was personally involved in decisions related to his medical treatment at those facilities.

A § 1983 complaint must allege facts supporting a reasonable inference that a named defendant was personally involved in the alleged violation.

Menefee v. Washington County Jail · filed 2020-11-06

Here, plaintiff’s denial of religious freedom claim fails to allege facts giving rise to a reasonable inference that any of the named defendants were personally involved in the alleged violation of his rights; plaintiff does not allege who was personally involved in the decision to deny him access to religious services. Accordingly, plaintiff fails to state a claim for denial of his First Amendment rights upon which relief may be granted under § 1983.

Section 1983 requires facts plausibly showing that an individual defendant was personally involved in the alleged deprivation of a federal right.

Scott v. Core Civic · filed 2020-11-06

First, while Plaintiff has sued Defendants Warden Deal and Medical Administrator Dr. Reagan, he does not set forth any facts from which the Court can plausibly infer that these Defendants were personally involved in any alleged deprivation of medications or medical procedures such that they might be liable for those incidents under § 1983.

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

Holley v. Combs · filed 2020-11-09

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement. ... There simply are no factual allegations regarding anything either of those individuals did or failed to do. Accordingly, Holley has failed to state a claim against Lawson and Muncy, and they will be dismissed without prejudice.

Section 1983 requires a plaintiff to allege that the defendant was personally responsible for the challenged deprivation.

Thomas v. Wolf · filed 2020-11-09

As for Thomas’s claim that he received insufficient physical therapy, the complaint does not allege that Dr. Wolf was responsible for any purportedly undue delay in treatment.

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

(PC) Williams v. Unknown · filed 2020-11-09

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.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional deprivation; merely allowing a grievance appeal is insufficient.

Bibbs v. Dart · filed 2020-11-09

The mere fact that Shebel allowed Bibbs’s January 20, 2017, appeal alone is insufficient to adequately allege Shebel’s personal involvement in a § 1983 claim.

Section 1983 requires allegations connecting a defendant to the claimed deprivation; naming a defendant only in the caption does not state a claim against that person.

Adkins v. St. Clair County Sheriff's Department · filed 2020-11-09

As to John Doe #3, Plaintiff identifies him in the caption of his Complaint but fails to include any allegations against him in the statement of claim or individual counts. Accordingly, John Doe #3 is DISMISSED without prejudice.

Section 1983 requires evidence that an individual officer personally participated in the alleged excessive force; presence at the scene and a conclusory allegation do not suffice.

HENDERSON v. MATTHEWS · filed 2020-11-09

There is no evidence that identifies Baker as using excessive force against Helen Henderson. Indeed, plaintiffs’ own eyewitness, Hughes, does not identify Baker as one of the officers who “pulled” his mother down the steps of their neighbor’s home. Aside from the conclusory allegation in the complaint stated above, there is no evidence to suggest otherwise. The motion of defendant Baker for summary judgment will be granted with respect to the excessive force claim.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; naming a defendant in the complaint’s caption is insufficient.

Mateen v. Collins · filed 2020-11-10

Mateen’s amended complaint fails to state a §1983 claim against the above-listed defendants because he does not allege any action by them; they simply are listed in the caption of his amended complaint.

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

(PC) Kitchens v. Rio Consumnes Correctional Center · filed 2020-11-10

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 each defendant to have personally participated in a substantial way in the alleged deprivation of constitutional rights.

(PC) Reyes v. Matteson · filed 2020-11-10

Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.

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

Rials v. Grijalva · filed 2020-11-10

As to Defendants Tiscornia and Ramirez, Plaintiff has not made any specific allegations as to how those Defendants’ actions violated his constitutional rights. “A plaintiff must allege facts, not simply conclusions, t[o] show that [each defendant] was personally involved in the deprivation of his civil rights.”

Section 1983 requires facts supporting a reasonable inference that the defendant was personally involved in the alleged unconstitutional conduct.

BANGO v. MASSING · filed 2020-11-10

There is not enough information for the Court to reasonably infer that Officer Massing was personally involved in creating unconstitutional conditions of confinement under the Fourteenth Amendment.

Section 1983 requires a plaintiff to show that a prison employee was personally responsible for the deprivation of the plaintiff’s rights.

Santiago v. Gilbert · filed 2020-11-12

For a prison employee to be subject to liability under §1983, the plaintiff must show that that employee had “personal responsibility” for the deprivation of his constitutional rights.

Section 1983 does not make grievance reviewers liable merely for failing to stop another officer’s alleged violation when they created no constitutional wrong themselves.

Asher Hill v. Nicholson · filed 2020-11-12

Because Hill does not allege that these reviewing officers created any new constitutional wrongs—they merely did not stop Stump’s alleged violation—Hill’s suit against them was properly dismissed.

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

(PC) Witt v. Helm · filed 2020-11-12

Any amended complaint 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 an actual connection between a defendant’s actions and the alleged deprivation of rights.

(PC) Shaw v. Woods · filed 2020-11-12

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 personal involvement in the alleged constitutional deprivation; merely responding to grievances about others’ conduct does not establish individual liability.

Ortega v. Halliday · filed 2020-11-12

Under this authority, these Defendants, who merely responded to Plaintiff’s grievances, were not “personally involved” in the allegedly unconstitutional rejections of Plaintiff’s proposed MSR host site and refusals to release him from prison.

Section 1983 requires allegations that each defendant was personally involved in the deprivation of federal rights.

Clark v. Brown · filed 2020-11-12

Plaintiff makes no allegation against Chapman in either his individual or official capacities, and attributes no policy or practice to him. As a result, Plaintiff has failed to allege Defendant Chapman had any personal involvement in the alleged deprivation of his civil rights.

A § 1983 complaint must allege specific conduct by each defendant; merely naming a defendant is insufficient.

Roberson 981817 v. Bray · filed 2020-11-12

Where a person is named as a defendant without an allegation of specific conduct, the complaint is subject to dismissal, even under the liberal construction afforded to pro se complaints.

Section 1983 complaints must identify the actions or inactions of each defendant alleged to have violated the plaintiff’s rights.

Roach v. Tennessee Department of Corrections · filed 2020-11-12

Accordingly, within 30 days of the entry of this Order, Plaintiff must file an amended complaint in which he (1) clearly identifies his claims related to particular occurrences that violated his rights, (2) describes the particular actions and/or inactions of each defendant about which he complains, and (3) provides the approximate date of each such occurrence.

Section 1983 requires a prison official’s personal involvement in the alleged rights violation or a causal connection between the official’s actions and the violation.

Carrillo v. El Paso County Commissioners · filed 2020-11-13

In order to hold that prison official liable under § 1983, a plaintiff must show the official was personally and directly involved in conduct causing an alleged deprivation of his constitutional rights—or there was a causal connection between the actions of the official and the constitutional violation he seeks to redress. ... Carrillo does not allege Corenjudo was aware of the attack or personally involved in the violation of his rights.

Section 1983 requires facts showing a defendant’s personal participation in a constitutional violation.

Rickie Hill v. Holland · filed 2020-11-13

The district court properly dismissed Hill’s claims against defendant Filson because Hill failed to allege facts sufficient to show that Filson personally participated in a constitutional violation.

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

Brown v. Tran · filed 2020-11-13

As it stands, the Amended Complaint fails to allege sufficient facts to support the conclusion that Millikan was personally involved in, or directly responsible for, any deprivation of Brown’s Eighth Amendment rights.

Section 1983 requires a plaintiff to allege what each defendant did or failed to do to cause a constitutional injury.

Robinson v. Zembrano · filed 2020-11-16

He must also name each Defendant and link them to his claims by explaining what each person did or failed to do that caused him constitutional injury.

Section 1983 does not impose personal liability on officials merely for mishandling grievances.

Pickens v. Wallace · filed 2020-11-16

While Plaintiff is critical of the handling of his various grievances, this is not enough to plead personal liability under § 1983.

Section 1983 requires a plaintiff suing an individual supervisor to allege facts showing the supervisor’s personal involvement in the constitutional deprivation.

Coleman v. State Of Illinois · filed 2020-11-16

But for the Section 1983 claims to survive a motion to dismiss, Coleman must at least provide at least some basic information about what Baldwin and Garnett did, beyond the conclusory allegation that they were somehow “responsible” for his suspension and termination.

Section 1983 does not impose liability on officials who only review a grievance about a constitutional violation that has already occurred.

Orozco v. Butler · filed 2020-11-16

According to the Second Amended Complaint, McCarty and Godinez had no involvement in the disciplinary proceedings that occurred at Menard. They simply reviewed the grievance that Orozco submitted regarding the alleged constitutional violations that had already happened.

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

Harris v. Ferrari · filed 2020-11-16

Aside from naming those Defendants in the caption, Plaintiff does not explain how either individual was aware of, or involved with, the attack by fellow detainee Stallings. The Amended Complaint therefore fails to state a claim under 42 U.S.C. § 1983.

Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for damages; allegations that an officer poisoned a prisoner’s food or coerced a pantry worker to taint it satisfy that requirement.

Carter v. Shepard · filed 2020-11-16

“It is well-settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Plaintiff has thus sufficiently alleged Officer Shepperson’s personal knowledge and involvement.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Carter v. Maxwell · filed 2020-11-16

“It is well-settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Plaintiff has thus sufficiently alleged Officer Shepperson’s personal knowledge and involvement.

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

Delorenzo v. Sullivan County Jail Administration · filed 2020-11-16

Plaintiff names as a defendant the “mental health administrator,” but he does not state any facts regarding this individual’s personal involvement. ... Thus, the Court dismisses this defendant without prejudice for failure to state a claim against this defendant.

Section 1983 imposes individual liability only when the defendant personally participated in the alleged misconduct.

Stuart v. Murray · filed 2020-11-16

Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct.

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

Tillery v. Virginia Peninsula Regional Jail · filed 2020-11-17

To state a cause of action under § 1983, a plaintiff must allege facts demonstrating that each named defendant had personal knowledge of, and involvement in, the alleged violations of his Eighth Amendment rights for the action to proceed against each named defendant.

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

(PC) Zapata v. Stites · filed 2020-11-17

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.

An individual-capacity claim under Section 1983 requires allegations that the defendant personally violated the plaintiff’s rights.

(PC) Booth v. Newsom · filed 2020-11-17

Plaintiff cannot pursue an individual capacity suit against Governor Newsom because the complaint does not allege that the Governor, acting in his personal capacity, violated plaintiff’s rights.

Section 1983 liability depends on each defendant’s own knowledge and actions, not those of people they supervise.

Harris v. Livers · filed 2020-11-17

Section 1983 “liability depends on each defendant’s knowledge and actions, not on the knowledge or actions of persons they supervise.” Burks v. Raemisch, 555 F.3d 592, 594 (7th Cir. 2009).

A defendant’s personal involvement in the alleged misconduct is required for liability under § 1983.

Dykes 201541 v. Finco · filed 2020-11-17

The only remaining Defendant, Thomas Finco, filed a Motion for Summary Judgment on the grounds that he was not personally involved in the alleged illegal conduct. ... Accordingly, this Court approves and adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. ... IT IS FURTHER ORDERED that Defendant Finco’s Motion for Summary Judgment (ECF No. 42) is GRANTED.

Section 1983 does not make a prison official liable for denying a grievance when the official did not cause or participate in the underlying conduct.

Thomas v. Tritt · filed 2020-11-18

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

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

(PC) Grubbs v. Sacramento County Jail · filed 2020-11-18

I cannot direct service, however, until plaintiff identifies the defendants against whom he intends to proceed and explains how each was responsible for his inadequate care.

Section 1983 requires allegations of each defendant’s personal involvement; naming a defendant only in the caption does not state a claim against that person.

Fannin v. Sellers · filed 2020-11-19

“Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints.” ... Because Fannin fails to mention Defendant Sellers in the body of his complaint and claim against Defendant Sellers will be DISMISSED WITHOUT PREJUDICE.

Section 1983 requires an individual defendant to have caused or participated in the constitutional violation; awareness of a policy alone does not establish personal liability for its application.

Gama v. Dart · filed 2020-11-19

To be liable under 42 U.S.C. § 1983, an individual defendant must have caused or participated in the constitutional violation.

Section 1983 requires a complaint to allege how each defendant personally violated the plaintiff’s rights; bare conclusions about defendants’ conduct do not state a claim.

SZEMPLE v. CMS · filed 2020-11-19

He fails, however, to allege specifically how or when any particular Defendant violated his rights, over a more than sixteen-year period.

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

MUIR v. WETZEL · filed 2020-11-19

While Muir generally alleges interference with his legal mail, his Complaint fails to set forth specific factual averments describing how any named Defendant was personally involved in the interference.

Section 1983 requires a plaintiff to allege conduct by the named defendants that caused the claimed deprivation.

Branham v. Trent · filed 2020-11-20

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of a right guaranteed by the Constitution or laws of the United States, and that this deprivation resulted from the conduct of a person acting under color of state law. ... First, although he names both Timothy Trent and Major Espinoza as defendants, he has failed to set forth any allegations against either individual. ... Because Branham has failed to state any cause of action against the named defendants, his complaint must be dismissed.

Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.

Sanders v. Zitek · filed 2020-11-20

Individual liability under § 1983 “requires personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir. 2017) (quoting Minix v. Canarecci, 597 F.3d 823, 833 (7th Cir. 2010)). Plaintiff does not offer any factual allegations regarding VanLanen, Mejia, Kind, and Retzlaff’s involvement in making him choose between breaking his Ramadan fast or going without his medication. Thus, VanLanen, Mejia, Kind, and Retzlaff will be dismissed.

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

WATTERSON v. INDIANA DEPT OF CORRECTIONS · filed 2020-11-20

Any claims against I. Randolph and Warden Knight in their individual capacities are dismissed. "Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." ... Mr. Watterson includes no factual allegations that demonstrate Warden Knight or I. Randolph deprived Mr. Watterson of his ability to practice his religion.

A § 1983 claim against an individual defendant must allege facts supporting that defendant’s liability; grouping the defendant with others is insufficient.

Reavis v. Saint Louis County, Missouri · filed 2020-11-20

The allegations in paragraph 98 do not even make claims against Davis or Robertson specifically, instead claiming § 1983 violations against now-Defendant Murphy and St. Louis County. ... In its current form, the proposed Amended Complaint lacks sufficient facts with respect to either Davis or Robertson to endure a potential Rule 12(b)(6) motion; as such, the proposed additions of Davis and Robertson are futile, and Plaintiff may not add them to the case as defendants.

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

McDaniel v. The City of New York · filed 2020-11-20

In fact, Plaintiff fails to allege facts suggesting that either defendant had any personal involvement in the alleged violation of his rights.

Section 1983 imposes liability only on state actors whose personal conduct caused the deprivation of a federal right.

Shaw v. Kaemingk · filed 2020-11-20

Only state actors whose personal conduct caused the deprivation of a federal right are liable under § 1983. ... Because Shaw alleges that defendants have not provided him with the evidence necessary to prove these defendants’ involvement, there is a genuine issue of material fact as to whether Drieske, Baker, or Miller-Hunhoff were personally involved in the administrative appeals process regarding the four rejection notices signed by these non-party individuals.

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

Duncan v. Lee · filed 2020-11-23

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

Section 1983 does not impose liability on prison officials who deny grievances but did not cause or participate in the underlying conduct.

Scott v. Kind · filed 2020-11-23

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

Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of his rights.

(PC) Ortega v. Lynn · filed 2020-11-23

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 requires a plaintiff to allege a connection between each defendant’s actions and the claimed constitutional deprivation.

(PC) Latu v. Mc Fadden · filed 2020-11-23

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 facts identifying each defendant’s personal involvement in the alleged deprivation of rights.

Buckelew v. Gore · filed 2020-11-23

Thus, insofar as Plaintiff’s FAC simply mentions various instances during which he claims to have been subject to “unlawful conditions” without identifying the individuals responsible for those wrongs, he fails to state any plausible claims for relief under § 1983.

Section 1983 requires evidence tying a defendant personally to the alleged unconstitutional conduct.

Harris v. Belford · filed 2020-11-23

As to the alleged second spray of O/C, Plaintiff has not produced any evidence that Belford was the one who sprayed him.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; directly assigning discriminatory tasks can satisfy that requirement.

Sherman v. City of New York · filed 2020-11-23

Because Lagares personally assigned Plaintiff to perform menial and janitorial tasks, she was directly involved in the constitutional violation and thus Plaintiff’s claim on this ground survives.

Section 1983 does not make a prison official liable for denying a grievance if the official neither caused nor participated in the underlying conduct.

Smith v. Kind · filed 2020-11-24

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

Section 1983 requires a plaintiff to plausibly allege that the defendant was personally responsible for the claimed constitutional deprivation.

Bolyard v. Village of Sherman · filed 2020-11-24

For a § 1983 claim against a given defendant to survive a motion to dismiss, the plaintiff must plausibly allege that the identified defendant was personally responsible for the claimed deprivation of an established constitutional right.

Section 1983 requires allegations connecting a defendant to the claimed wrongdoing; naming someone only in the caption does not state a claim against that person.

Pruitt v. Benzing · filed 2020-11-24

Plaintiffs name this defendant in the case caption of the Complaint, but the doctor is not mentioned in the statement of claim. Plaintiffs cannot articulate a claim against a defendant by merely listing him in the lawsuit. Accordingly, this defendant shall be dismissed without prejudice.

Section 1983 individual-capacity claims require plausible allegations of the defendant’s personal involvement in the alleged constitutional violation.

5464 Route 212, LLC v. New York State Department of Transportation · filed 2020-11-24

Because Plaintiff’s allegations fail to plausibly allege Dominguez’s personal involvement in the alleged constitutional violations, Plaintiffs’ claims under §1983 against Dominguez in her individual capacity must be dismissed.

Section 1983 requires a plaintiff to link each defendant’s own acts or omissions to the alleged constitutional deprivation.

Smith v. Avalos · filed 2020-11-25

“Causation is, of course, a required element of a § 1983 claim.” ... There are no plausible factual allegations linking Defendants to any of his claims regarding access to courts.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; sufficiently pleaded involvement allows an individual-capacity claim to proceed.

Brigham v. Coles County Illinois · filed 2020-11-25

To recover under § 1983, a plaintiff must prove that a defendant was personally involved in the alleged constitutional deprivation. ... Therefore, Defendant’s motion to dismiss Defendant Rankin from Counts I and II is denied as Plaintiff has sufficiently pled personal involvement by Defendant Rankin.

Section 1983 requires factual allegations suggesting each defendant’s personal involvement in the alleged rights violation; naming a defendant in the caption alone is insufficient.

Francis v. Carson · filed 2020-11-25

Further, where as here defendants are named in the caption of a complaint without factual allegations in the body of the complaint sufficient to suggest the personal involvement of each defendant in the rights violation alleged, the complaint is subject to dismissal even under the liberal construction afforded pro se pleadings.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; responding to a grievance alone does not establish liability.

Jackson v. SCI Huntingdon Prison Officials · filed 2020-11-25

Because such involvement is insufficient to trigger § 1983 liability, Plaintiff has failed to state a claim upon which relief may be granted as to Defendants Kauffman, Ellenberger, and Price.

Section 1983 requires a plaintiff to allege facts connecting a named defendant to the deprivation of a federal right.

Keen v. Clear · filed 2020-11-30

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. ... In fact, Keen fails to allege any fact against any of the named defendants.

Section 1983 requires each individual-capacity defendant to have personally participated in the alleged violation; supervisory status alone does not create liability.

Haendel v. Virginia Department of Corrections · filed 2020-11-30

Thus, a plaintiff must show that “each [g]overnment-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676.

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

(PC) West v. High Desert State Prison · filed 2020-11-30

To state a claim under §1983, the plaintiff must allege an actual connection or link between the actions of the named defendant and the alleged deprivations. ... Because the complaint does not contain any factual allegations regarding Monk, it does not contain any claims against this defendant.

Section 1983 individual-capacity liability requires allegations of the defendant’s personal involvement in the alleged constitutional violation.

West v. Inch · filed 2020-11-30

Nonetheless, like the individual-capacity claim against Secretary Inch, Plaintiff’s claim against Conn fails because the SAC does not allege Conn’s personal involvement in the alleged Eighth Amendment violations.

Section 1983 requires a plaintiff to show that each individual defendant was personally responsible for the alleged deprivation.

Ali v. Chicago · filed 2020-11-30

The second flaw in Ali’s bond-posting claim against the individual Defendants is that the evidence does not establish that any of them were personally responsible in delaying his chance to post bond.

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

Eason v. Pritzker · filed 2020-11-30

Additionally, to state a viable Section 1983 claim, a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.

Section 1983 requires each individual defendant to have personally participated in the alleged rights violation.

Deis v. Mitchell · filed 2020-11-30

A defendant’s “[p]ersonal involvement is necessary” to establish liability. ... Defendants contend that Deis cannot establish that either Mitchell or Guzowski participated in any violation of Deis’ constitutional rights because neither Mitchell nor Guzowski was present for Deis’ arrests on June 1, 2017 or June 2, 2017. The Court agrees.

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

Headrick v. Waate · filed 2020-11-30

To prevail on a § 1983 claim, a plaintiff must show each individual defendant’s personal involvement in the alleged violation.

Section 1983 permits a claim against defendants plausibly alleged to have known or reasonably should have known that their conduct would lead to violations of a plaintiff’s constitutional rights.

Fudge v. Brown · filed 2020-11-30

Because Fudge has indicated that the Defendants here knew or should have known about the constitutional violations against him, he has plausibly alleged that they may be subject to § 1983 liability.

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

Ashley v. Gonzalez · filed 2020-11-30

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

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

Lopes v. Westchester County · filed 2020-11-30

There are, in sum, no alleged facts plausibly establishing that Martinez, Delgrosso, or Spano was personally involved in the alleged unconstitutional deprivation at issue.

Section 1983 requires facts showing that a defendant’s conduct caused a deprivation of federal rights.

Moore v. Russell · filed 2020-12-01

To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. ... Despite being given the opportunity to amend his complaint, Moore alleges no facts against or conduct committed by defendants Superintendent Russell or WellPath.

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

Pangman v. Sellen · filed 2020-12-01

For liability to exist under § 1983, an individual must have “personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (quoting Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010)).

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

Osborne v. Williamson County Jail · filed 2020-12-01

This claim shall be dismissed against Chief Ferrell in his individual capacity because he did not receive any grievances or otherwise know of the deprivation.

Section 1983 requires a plaintiff seeking damages from an individual defendant to allege that defendant’s personal involvement in the constitutional deprivation.

Trotman Junior v. Herod · filed 2020-12-01

As noted above, the Second Circuit Court of Appeals has made clear that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Farid, 593 F.3d at 249 (internal quotations marks omitted). ... Accordingly, plaintiff’s claims against Capt. Wilson and Capt. Cowen are dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b).

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

Singleton v. Office of the Mayor · filed 2020-12-01

To state a § 1983 claim, a plaintiff must also allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires allegations that each defendant was personally involved in the alleged wrongdoing.

Rosado v. Karnes · filed 2020-12-01

Since, Plaintiff has failed to plead any personal involvement on the part of these Defendants, the claims against them will be dismissed.

Section 1983 requires a plaintiff to allege facts showing that the defendant participated in the alleged wrong.

Boyett v. Collier · filed 2020-12-01

To successfully plead a cause of action in a civil rights case, a plaintiff must allege facts that illustrate the defendant participated in the alleged wrong.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the alleged wrong, shown through personal direction or actual knowledge and acquiescence.

Gibson v. Erickson · filed 2020-12-02

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that the defendants had “personal involvement in the alleged wrongs,” which can be shown through “allegations of personal direction or of actual knowledge and acquiescence.”

Section 1983 requires each defendant’s own actions to support liability; respondeat superior and vicarious liability do not apply.

Stompingbear v. Reed · filed 2020-12-02

Because respondeat superior or vicarious liability is inapplicable to § 1983 suits, Plaintiff must plead that each defendant, through his own individual actions, has violated the Constitution.

Section 1983 requires allegations connecting a defendant personally to the claimed violation of constitutional rights.

Brickhouse v. Lashbrook · filed 2020-12-02

Brickhouse does plead any allegations or facts, however, regarding Wilson’s involvement in the violation of her constitutional rights. See Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014). Accordingly, Wilson is dismissed without prejudice.

Section 1983 requires a plaintiff to allege each defendant’s individual actions and how those actions violated a constitutional right.

Nichols v. The GEO Group, Inc. · filed 2020-12-02

The Complaint and Amended Complaint do not contain factual allegations setting out the individualized actions of each Defendant or specifically how the actions of any Defendant violated his constitutional rights. ... The allegations of the Complaint and Amended Complaint do not state a § 1983 claim against any Defendant.

A Section 1983 complaint must identify defendants who personally participated in a substantial way in depriving the plaintiff of a federal constitutional right.

(PC)Jones v. Ramirez · filed 2020-12-03

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

Section 1983 requires a defendant's personal involvement in the alleged constitutional violation; naming a defendant only in the complaint's caption does not state a claim against that defendant.

Calderon v. Annucci · filed 2020-12-03

Because the amended complaint fails to allege the personal involvement of defendant Annucci in any alleged constitutional violation, any claims asserted against him 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 does not impose respondeat superior liability; a plaintiff must allege each defendant’s personal misconduct.

KNOWLES v. TEMPLE UNIVERSITY · filed 2020-12-03

This is a fatal flaw, inasmuch as 42 U.S.C. § 1983 affords no respondeat superior liability.

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

Ballard v. Dzurenda · filed 2020-12-04

A complaint based upon a violation under section 1983 that does not allege the personal involvement of a defendant fails as a matter of law.

Section 1983 requires a defendant to be personally involved in the alleged deprivation to be liable.

Willison v. Meisner · filed 2020-12-07

Because a defendant must be personally involved in alleged deprivation to be liable under § 1983, Burks v. Raemisch, 555 F.3d 592, 595-96 (7th Cir. 2009), I will dismiss him from the lawsuit.

Section 1983 requires facts linking an identified defendant’s actions to the alleged deprivation of a federal right.

(PC) Jones v. County of Sacramento · filed 2020-12-07

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. ... The amended complaint fails to state a claim because it does not identify a defendant and plaintiff has failed to allege sufficient facts to state a claim.

Individual liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Banks, III v. Michaud · filed 2020-12-07

“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.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). Accordingly, I will dismiss the claims against defendants Semple, Beers, Dorian, and Maldonado.

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

Stevenson v. Quiros · filed 2020-12-07

The personal involvement of a defendant “in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006). ... Because Plaintiff has failed to allege Defendant Santiago’s personal involvement in the alleged constitutional violations, the Court will dismiss the clams against Defendant Santiago without prejudice.

Section 1983 permits a claim against a prison official who knows of unconstitutional medical care and fails to act.

Rosario v. Thompson · filed 2020-12-07

“[D]eliberate indifference may be found where an official knows about unconstitutional conduct and facilitates, approves, condones, or turns a blind eye to it.” Perez, 792 F.3d at 781. On this theory, Plaintiff’s claim in Count 5 may also proceed at this juncture.

Section 1983 liability requires a defendant’s personal participation in the constitutional violation; naming a correctional institution does not state a claim against a person.

Crusoe v. Warden · filed 2020-12-07

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

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

Ortiz v. Bowen · filed 2020-12-07

However, the Petition contains no allegations against either Warden Bowen or Geo Inc. The Complaint fails to state any § 1983 claim for relief against either Respondent.

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

Murphy v. Spaulding · filed 2020-12-07

To state a claim under § 1983, a plaintiff must also allege facts showing the defendants’ direct and personal involvement in the constitutional deprivation.

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

(PC) Brown v. Moore · filed 2020-12-08

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 facts showing what an individual defendant did or failed to do to violate the plaintiff’s rights; a bare legal conclusion is insufficient.

Link v. Hood · filed 2020-12-08

Plaintiff names Rob Jeffrey (IDOC Director) among the Defendants, but does not include any factual allegations against him in the statement of claim to set forth what Jeffrey did or failed to do that violated his constitutional rights. (Doc. 12, pp. 2, 6). He merely states the legal conclusion that Jeffrey exposed him to conditions that violated his Eighth Amendment rights. (Doc. 12, p. 7). This is not sufficient to state a constitutional claim against Jeffrey, thus he will be dismissed from the action without prejudice.

Section 1983 requires a plaintiff to identify each defendant and describe that person’s involvement in the alleged constitutional violation.

Henneberg v. Vandalia Officials · filed 2020-12-08

To state a claim against a defendant, a plaintiff must describe what each named defendant did, or failed to do, that violated the plaintiff’s constitutional rights.

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

Anderson v. Forolics · filed 2020-12-08

Plaintiff cannot establish the liability of any Defendant absent a clear showing that the Defendant was personally involved in the activities which form the basis of the alleged unconstitutional behavior.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; conclusory allegations of collective action are insufficient.

Servidio Landscaping, LLC v. Stamford · filed 2020-12-09

It is axiomatic that personal involvement in the alleged constitutional deprivation is a prerequisite to recovery under Section 1983.

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

Robertson v. T.D.C. J. · filed 2020-12-09

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

Section 1983 requires allegations of a defendant’s personal involvement; a supervisor’s position alone does not establish liability.

Gray v. Dzurenda · filed 2020-12-09

Nor does Plaintiff include any factual allegations such that the Court could reasonably construe a plausible Section 1983 claim based on a supervisory liability theory.

A Section 1983 plaintiff suing individual defendants must allege facts showing their personal involvement in the alleged violation of his rights.

Lee v. Department of Corrections · filed 2020-12-09

To the extent that Plaintiff names individuals as defendants, he must allege facts regarding their personal involvement in the alleged violations of his rights.

Section 1983 does not impose liability on prison officials merely for handling a grievance or failing to act on a complaint letter.

Bostick v. Byrd · filed 2020-12-09

Even if Plaintiff had otherwise stated a claim with regard to his medical care, he would have no resulting claim against the defendants who simply handled his grievance or failed to act in response to his letter.

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

Harris v. Dzurenda · filed 2020-12-10

Summary judgment was proper on Harris’s free speech claim stemming from regulation of his outgoing mail because Harris failed to raise a genuine dispute of material fact that defendants were involved with the alleged interference with his mail.

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

WADE v. STIGDON · filed 2020-12-10

For these reasons, the Court grants summary judgment for McSween, Decker, May, and Stigdon (in any allegation concerning her personal capacity) because they lacked the personal involvement necessary in any decision to prohibit Wade from counseling DCS clients for §1983 liability (Filing No. 122).

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

(PC) Dotson v. Chandler · filed 2020-12-11

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 link between a defendant’s conduct and the plaintiff’s alleged deprivation of rights.

Penque v. Department of Public Safety · filed 2020-12-11

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

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

Oliver v. New York State Police · filed 2020-12-11

As there are no facts asserted in the Second Amended Complaint suggesting any Defendant’s direct participation in the allegations concerning the NYSDHR or the Governor’s Office, Plaintiff fails to state a claim for relief with respect to those claims.

Section 1983 requires factual allegations connecting the defendant personally to the alleged constitutional deprivation.

Fauntleroy v. Doe · filed 2020-12-11

Moreover, although Plaintiff names John Doe as a defendant in the caption and the list of parties, see id. at 1, the Complaint lacks any substantive allegations related to John Doe. Absent such facts, the Court is unable to discern whether Plaintiff has stated a plausible claim.

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

(PC) Howard v. Aryad · filed 2020-12-14

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

(PC) Carroll v. Covello · filed 2020-12-14

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 requires personal involvement in a constitutional deprivation; signing a disciplinary report alone does not establish liability.

Jones v. Linn · filed 2020-12-14

Signing off on a disciplinary report or final summary report does not rise to the level of personal involvement necessary for liability to attach.

Section 1983 requires allegations describing what each defendant did or failed to do to violate the plaintiff’s rights.

Sims v. Thompson · filed 2020-12-14

Because Plaintiff presents no factual allegations regarding what the other defendants did or failed to do that violated his rights, the Complaint fails to state a claim upon which relief may be granted.

Section 1983 requires a plaintiff to identify a defendant who personally participated in the alleged rights violation.

Martin v. Williams · filed 2020-12-14

So I dismiss this claim without prejudice with leave to amend if Martin can identify an employee responsible for the condition of the food.

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

Ponce-Melendres v. Doe · filed 2020-12-14

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

Section 1983 requires a plaintiff suing individuals to allege each defendant’s personal involvement in the violation of his rights.

Davidson v. Department of Corrections · filed 2020-12-14

If Plaintiff names individuals as defendants, he must allege facts regarding the personal involvement of each in the alleged violations of his rights.

Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.

Bird v. Lampert · filed 2020-12-15

“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” ... Accordingly, we conclude that Bird has not shown that Lampert, Pacheco, and Weik were personally involved—either directly or indirectly—in the delay of his treatment by a dentist.

A § 1983 claim against a defendant requires allegations connecting that defendant personally to the alleged misconduct.

Peek 421782 v. Chippewa, County of · filed 2020-12-15

... Plaintiff failed to allege any personal involvement by Defendant Lightfoot to support an official capacity claim. ... IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 16) is APPROVED and ADOPTED as the Opinion of the Court with respect to the dismissal of all claims against Defendant Lightfoot; Plaintiff’s Objection (ECF No. 19) is DENIED as moot.

A § 1983 plaintiff must allege facts showing each defendant’s personal responsibility for the alleged constitutional violation.

Burgess v. Precythe · filed 2020-12-15

Third, plaintiff has not demonstrated the personal responsibility of each defendant for violating his constitutional rights.

Section 1983 requires a causal link between a defendant’s conduct and the deprivation of rights; knowledge of a problem and authority to address it do not establish personal involvement.

Van Allen v. Lawson · filed 2020-12-15

“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Plaintiff’s allegations that Vandergriff and Precythe “know[] the problems” at FCC and “have the most power to stop it,” are not enough to constitute personal involvement or direct responsibility.

A § 1983 complaint against prison officials must identify defendants personally involved in the alleged violation.

Johnson v. Court of Appeals · filed 2020-12-15

But Plaintiff’s amended complaint does not comply with the September 2, 2020 order. In short, Plaintiff does not name individual defendants at Sing Sing who were personally involved in the events giving rise to this action and does not provide sufficient facts to suggest that his constitutional rights were violated.

Section 1983 requires each defendant’s own conduct to be linked to the alleged constitutional violation; supervisory status alone does not create liability.

Kuruc v. Carr · filed 2020-12-16

Moreover, the doctrine of respondeat superior (supervisory liability) does not apply to actions filed under 42 U.S.C. § 1983.

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

JOHNSON v. UNKNOWN DET. PHILA POLICE · filed 2020-12-16

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

(PC) Glass v. CDCR · filed 2020-12-17

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 requires a defendant to be personally involved in or directly responsible for the alleged violation of rights.

Taylor v. Atterberry · filed 2020-12-17

As such, plaintiff’s § 1983 claim against the two named defendants fails because neither of the defendants were personally involved in or directly responsible for any alleged violation of plaintiff’s rights.