42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 requires a defendant’s personal involvement in the alleged violation of federal rights.
Pryor v. Evans · filed 2021-02-05
Further, as the Court noted above, Plaintiff does not allege that Defendant Evans or Defendant Detharidge was personally involved in keeping him from working such that they could be liable under § 1983 for this act.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant personally participated in or caused the unconstitutional conduct.
Mason v. Clover · filed 2021-02-08
To state a claim under §1983, the plaintiff must allege that each defendant “personally participated in or caused the unconstitutional actions.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each named defendant’s conduct to the specific injury claimed.
Morris v. Walker · filed 2021-02-08
Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement; allegations that the corrections department knew of a risk do not establish an individual defendant’s liability.
Raynor v. Feder · filed 2021-02-08
The complaint does not set forth any specific allegations against those defendants; the conclusory assertions that the DOC had knowledge of Raynor’s CSI and that the defendants knowingly caused him to endure pain do not suffice.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement in the constitutional deprivation.
Maldonado v. County Of Cook · filed 2021-02-08
Since Plaintiff’s warrant was issued by the Midlothian Police Department and he turned himself into this agency, which is unrelated to Defendants, Plaintiff has failed to plead personal responsibility on the part of the Defendant officers necessary for his unlawful seizure claim.Read the full opinion on CourtListener →
Section 1983 individual-capacity claims require allegations that each defendant personally participated in the alleged deprivation.
Mohammed v. Naperville 203 Comm. District · filed 2021-02-08
The complaint alleges nothing about Szczepanski, Fitzgerald, Wandke, Cush, Gericke, Kozminski, Leong, or Rohr, so the § 1983 claims against them in their individual capacities are dismissed.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant’s conduct and the alleged deprivation of rights.
Engel v. CO1 · filed 2021-02-08
Liability under 42 U.S.C. § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights. ... In the instant action, plaintiff has not set forth any facts indicating that any of the named defendants were directly involved in or personally responsible for the alleged violations of his constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a specific defendant’s action or inaction to an injury the plaintiff suffered.
Fourstar v. McQueen · filed 2021-02-08
To the extent the amended complaint addresses the allegations of the original complaint at all, it fails to link specific defendants’ acts or failures to act on specific occasions to an injury even one plaintiff suffered as a result of that act or failure to act.Read the full opinion on CourtListener →
Section 1983 requires the alleged violation to be attributable to the defendant.
MALHAN v. STATE OF NEW JERSEY · filed 2021-02-08
Defendant Katz was not present at Mr. Malhan’s home or office, and therefore, any banging or invasion of privacy could not be attributable to him, making the claim futile as to Defendant Katz.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional violation.
BRYANT v. FITZGERALD · filed 2021-02-08
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.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the alleged constitutional violation; notice of a grievance alone does not establish that involvement.
Parker v. Allbaugh · filed 2021-02-09
It is well-settled in this circuit that the denial of a grievance does not adequately establish personal participation. Stewart, 701 F.3d at 1328. And here, Defendant was even more removed from any alleged constitutional violations because, as Plaintiff recognized, Defendant did not personally deny the grievance appeal. Thus, Plaintiff failed to state a plausible § 1983 claim against Defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant personally acted or failed to act in depriving the plaintiff of a right.
(PC) Ramsey v. Dickerson · filed 2021-02-09
Plaintiff cannot state a claim against a Defendant(s) unless he demonstrates in his allegations that each individual Defendant, identified by name, personally acted or failed to act, violating Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 makes each defendant liable only for that defendant’s own actions.
Kensu v. Borgerding, M.D. · filed 2021-02-09
Under 42 U.S.C. § 1983, each defendant is liable only for his or her individual actions and the plaintiff must prove that each individual defendant had a ... sufficiently culpable state of mind.Read the full opinion on CourtListener →
Section 1983 claims require allegations connecting a defendant to the alleged deprivation of rights.
McFadden v. Koenigsmann · filed 2021-02-09
Plaintiff’s denial of dental care claims fail to state a claim. The allegations are unclear, include dates from 2010 to 2016, which are likely time-barred, mention other correctional facilities at which Plaintiff has been housed prior to Attica, and do not name a single Defendant involved in the alleged denial of care. Accordingly, Defendants motion to dismiss these claims is granted and these claims are DISMISSED WITHOUT PREJUDICE.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on a prison official for the conduct underlying a grievance solely because the official reviewed it.
ALVAREZ v. FACILITY MANAGER T. FERGUSON · filed 2021-02-09
Participation in a review of the grievance does not establish personal involvement establishing § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the conduct that violated the plaintiff’s rights; naming someone in a complaint’s caption alone does not state a claim.
Nelson v. Ackerman · filed 2021-02-10
For a person to be liable under §1983, they must have been personally involved in the conduct that violated the plaintiff’s rights. Simply listing names in the caption of the complaint without explaining what those persons did or failed to do does not state a claim against those persons.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant personally violated the plaintiff’s federal rights.
Madole v. Dorney · filed 2021-02-10
Madole, as the Plaintiff, is responsible for setting forth the facts of each of his claims and for affirmatively setting forth how each Defendant personally violated his federal constitutional claims.Read the full opinion on CourtListener →
Section 1983 requires an actual connection between a defendant’s actions and the alleged deprivation of rights.
(PC) Ilsung v. Yeh · filed 2021-02-10
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.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation to be personally liable.
Grommet v. Aramark · filed 2021-02-10
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir.2005) (citations omitted). ... Plaintiff does not plead anything to support that Defendant Whitehead was aware of his diet issues so as to establish Defendant’s personal liability and he is DISMISSED.Read the full opinion on CourtListener →
Section 1983 permits an individual-capacity claim when the allegations plausibly show the defendant’s personal involvement in a constitutional deprivation.
Dubose v. Kelner · filed 2021-02-10
As such, the Court finds that Dubose has sufficiently alleged Hallinan’s personal involvement in the alleged constitutional deprivation, and Defendants’ motion to dismiss the claim against Hallinan in his individual capacity is denied.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the alleged constitutional violation.
Martinez v. Benzing · filed 2021-02-10
Section 1983 creates a cause of action based on personal liability and predicated upon fault. ... Because he failed to do so in the Complaint, both defendants shall be dismissed without prejudice.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each individual defendant caused or personally participated in the claimed harm.
Martin v. Washington State Department of Corrections · filed 2021-02-11
He must allege facts showing how individually named defendants caused or personally participated in causing the harm alleged in the complaint. ... It does not clarify which of the CRC members participated in particular decisions and provides no detail whatsoever as to the acts or omissions of specific individuals giving rise to alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in a constitutional deprivation.
Wyre v. UTMB · filed 2021-02-11
Wyre has also shown no error in the district court’s determination that ... he fails to state a claim against Owen Murray, Mark Roberts, Bobby Cooper, Jr., or Nina Lane because he has not alleged their personal involvement in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s conduct and the alleged deprivation of rights.
Engel v. CO1 · filed 2021-02-11
His ambiguous allegations do not satisfy the 42 U.S.C. § 1983 requirement that plaintiff establish a defendant’s “causal link to, and direct responsibility for, the deprivation of rights.” See Mayorga v. Missouri, 442 F.3d 1128, 1132 (8th Cir. 2006).Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; a medical coordinator is not liable for appointments she lacked authority to order and did not decide to withhold.
Hand v. Arentz · filed 2021-02-11
She ordered all appointments and care authorized by the healthcare providers while Plaintiff was at SCI Camp Hill, and she had no personal involvement in the decision not to authorize the two follow up appointments that Plaintiff did not receive and, apparently, concludes that he should have.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; receiving a plaintiff’s letter and directing someone to respond is insufficient to state a claim against that defendant.
McCrary v. Marks · filed 2021-02-12
We further conclude that McCrary failed to allege Marks’s personal involvement. See Tangreti v. Bachmann, 983 F.3d 609, 618–19 (2d Cir. 2020) (explaining the standard for supervisory liability). Drawing all inferences in McCrary’s favor, the most he has alleged is that Marks received his letter and directed someone at the TVPA to respond to it. That is clearly not enough to state a claim against Marks. See id.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Adams v. Covello · filed 2021-02-12
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.
TYRA v. STATE OF INDIANA · filed 2021-02-12
Next, the plaintiff has not identified any individuals who are allegedly responsible for his injuries involving excessive force or improper medical treatment. "Individual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that defendant’s own conduct caused the deprivation of rights.
King v. Winegardner · filed 2021-02-12
As such, § 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights.” Mayorga v. Missouri, 442 F.3d 1128, 1132 (8th Cir. 2006). While plaintiff is relatively clear about what happened overall, he is vague as to the role of each of the named defendants. For these reasons, the complaint is subject to dismissal.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a connection between each defendant’s actions and the claimed deprivation.
(PC) Bryant v. Duncan · filed 2021-02-17
Plaintiff fails to allege specific acts taken by any of the defendants that link them to the claims alleged. 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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory status alone does not establish liability.
White v. Connections Community CSP Inc. · filed 2021-02-17
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.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a deprivation of rights for individual capacity liability; respondeat superior alone is insufficient.
SHORT v. HARTMAN · filed 2021-02-17
A showing of respondeat superior is not sufficient for a § 1983 claim against an officer in his or her individual capacity; therefore, personal deprivation of a detainee’s constitutional rights is required to be shown as to each defendant.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant personally participated in the alleged misconduct.
Teeter v. Boland · filed 2021-02-18
Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct. ... The record is devoid of evidence that Defendant Boland had any personal involvement in the adjustment of Teeter’s estrogen dosing or any involvement in her overall medical care. Accordingly, he is entitled to an entry of summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for an award of damages.
JiRau v. Cook · filed 2021-02-19
“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.’” ... Because Plaintiff’s allegations fail to indicate Commissioner Cook had any direct personal involvement in a Fourteenth Amendment violation based on the failure to provide ladders for the BCC bunks, the Court will dismiss the Fourteenth Amendment claim for damages against Commissioner Cook.Read the full opinion on CourtListener →
Section 1983 requires a basis for holding an official personally responsible; an individual-capacity claim fails when the official was not shown to know of or deliberately disregard the plaintiff’s placement.
Purnell v. Hohmer · filed 2021-02-19
First, Plaintiff’s attempt to name Director Jeffreys in his individual capacity for Jeffreys’ alleged failure to ensure Plaintiff was placed in a fully handicap accessible environment fails as there is no ... indication Jeffreys was made aware of Plaintiff’s placement or acted in deliberate disregard of the same.Read the full opinion on CourtListener →
Section 1983 liability requires each defendant’s personal involvement in the alleged wrongdoing.
8 ERIE ST. JC LLC v. CITY OF JERSEY CITY · filed 2021-02-19
For Section 1983 liability to attach to “[an individual] defendant in a civil rights action[, that defendant] must have personal involvement in the alleged wrongdoing.” Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005). ... Accordingly, Plaintiff makes specific allegations of wrongdoing as to the City and the Council.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.
Rainey v. Link · filed 2021-02-19
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.” ... The Court finds that Rainey’s amended complaint is bereft of any allegations identifying how any of the Defendants were personally involved in the alleged constitutional deprivations. Accordingly, Defendants’ motion to dismiss will be granted on this ground.Read the full opinion on CourtListener →
Section 1983 requires facts connecting an individual defendant’s conduct to the alleged deprivation of rights.
Parker v. Stoddard County Sheriff's Department · filed 2021-02-19
In this case, plaintiff has failed to provide any allegations showing a causal connection between an action taken by Sheriff Hefner, and any alleged deprivation of plaintiffs constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in a constitutional violation.
Baker v. Brockmeyer · filed 2021-02-22
Liability under § 1983 requires personal involvement in the constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.
(PC) Priest v. Kuersten · filed 2021-02-22
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. ... Plaintiff’s claims against defendant Cryer are dismissed with leave to amend because defendant Cryer is not linked to any alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a link between a defendant’s conduct and the alleged deprivation of rights.
(PC) Hearne v. Farhat · filed 2021-02-22
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s action and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation; knowledge of a subordinate’s misconduct alone does not establish liability.
ADAMS v. STEPHENS · filed 2021-02-22
Under § 1983, mere "knowledge of a subordinate's misconduct is not enough for liability." ... The Court agrees. There is no evidence that Mason personally participated in the alleged deprivations, accordingly, he also is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant and the alleged violation; employment by the same police department alone does not establish individual liability.
Street v. O'Toole · filed 2021-02-22
Defendants cannot be held liable merely because they were employed by the SLMPD on the night some members of that department may have violated plaintiffs’ rights—liability under § 1983 requires proof of a causal link between each defendant and the specific wrongs that defendant committed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation.
Gutierrez v. The City of New York · filed 2021-02-22
A plaintiff must allege the direct or personal involvement of each of the named defendants in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation; responding to grievances about another official’s conduct does not establish it.
Smith v. Capt. Booth · filed 2021-02-23
As an initial matter, Capt. Lucy and Investigator Jacobs are entitled to summary judgment with respect to this claim because they did not remove him the Kosher diet—Capt. Booth did. Capt. Lucy and Investigator Jacobs merely responded to Smith’s grievances and explained why Smith had been removed from the Kosher diet.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Daniels v. Baer · filed 2021-02-23
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts showing that each defendant participated in, condoned, encouraged, or knowingly acquiesced in the alleged misconduct.
Prichard v. Michigan Department of Corrections · filed 2021-02-23
Plaintiff fails to allege facts showing that, as a dental assistant, McCreadie had the authority or ability to treat his condition or order treatment. A complaint must allege facts showing that each named defendant participated, condoned, encouraged, or knowingly acquiesced in misconduct to establish liability.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
Garcia v. Diaz · filed 2021-02-24
There can be no liability under Section 1983 unless there is an affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations showing each defendant’s personal involvement in the alleged violation.
DIORIO v. HARRY · filed 2021-02-24
There is no other allegation of any involvement by Onqukanjo. Accordingly, Plaintiff’s proposed addition of claims against Jacoby and Onwukanjo is futile because the allegations fail to state a claim under Rule 12(b)(6).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant personally acted or failed to act in depriving the plaintiff of a federal right.
(PC) White v. Pfeiffer · filed 2021-02-25
Plaintiff cannot state a claim against any of the Defendants unless he demonstrates in his allegations that the Defendant, identified by name or Doe defendant number, personally acted or failed to act, violating Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires each defendant to have personally violated the plaintiff’s right.
Joyner v. Harewood · filed 2021-02-25
To succeed under § 1983, each official must have personally violated his Eighth Amendment right.Read the full opinion on CourtListener →
Section 1983 requires a plausible link between each individual defendant’s own actions and the alleged constitutional violation.
Babakr v. Goerdel · filed 2021-02-25
The court agrees that the FAC has not pled individual actions by Dr. Goerdel, Dr. Getha-Taylor and Director Robinson that violated or caused the violation of Babakr’s First Amendment rights after his statement to Coordinator Epp in September of 2017.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations of an individual defendant’s personal involvement; a conclusory allegation that a supervisor failed to train or oversee others is insufficient.
Dumel v. Westchester County · filed 2021-02-25
Here, Plaintiff fails plausibly to allege the personal involvement of Defendant Spano.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant’s conduct and the alleged deprivation of rights for individual liability.
Allen v. Dobbs · filed 2021-02-26
“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.” ... As stated above, plaintiff has failed to plead specific facts establishing an actual link or connection between the named defendants and the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect the named defendants to the alleged injury; contracting COVID-19 in jail alone does not establish their responsibility.
Burnette v. Schmaling · filed 2021-03-01
Burnette may have contracted COVID-19 at the Racine County Jail, but none of the individuals named in this lawsuit (whether they were involved in his criminal case or whether they worked at the jail) are responsible for him catching the virus.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Davis, Willie v. Jakusz · filed 2021-03-01
As such, the court sees no error in dismissing Meisner for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Cuentas v. Covello · filed 2021-03-01
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Negron v. White · filed 2021-03-01
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation.
Gakuba v. Swells · filed 2021-03-01
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.
CRAFT v. CARTER · filed 2021-03-01
Any claim against Commissioner Robert Carter is dismissed. "Individual liability under § 1983… requires personal involvement in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant personally participated in the challenged decision; a policy listing committee positions does not establish participation when the evidence shows who made the decision.
Burns v. Sandoval · filed 2021-03-01
The Court understands Plaintiff’s apparent frustration with Defendants’ admission they were not following their own policy, but Plaintiff does not point to any evidence beyond the policy that anyone besides Sandoval and Hammel made the decision to move him. Thus, there is no material dispute of fact.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; a supervisor’s awareness of a harmful custom and failure to address it can satisfy that requirement.
Hall v. Westchester County · filed 2021-03-01
If this is true, the individual defendants were either aware of the custom and allowed it to continue or were grossly negligent in supervising subordinates who committed the wrongful acts. ... Therefore, the Court finds that pro se Plaintiff has adequately pled personal involvement.Read the full opinion on CourtListener →
Section 1983 does not make prison officials liable for misconduct they did not cause or participate in merely because they denied a grievance about it.
Lee v. Sanchez · filed 2021-03-02
Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the alleged deprivation; a sheriff’s supervisory position alone does not establish liability.
(PC) Woolery v. Lassen County Jail · filed 2021-03-02
Plaintiff’s claims against defendant Lassen County Sheriff in his individual capacity are dismissed because he is not linked to any alleged deprivation. ... There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 generally does not impose liability through respondeat superior; liability requires the defendant’s personal participation in the constitutional violation.
Tyner v. Harford County Maryland · filed 2021-03-02
In addition, in a suit arising under 42 U.S.C. § 1983, the doctrine of respondeat superior generally does not apply and liability attaches only upon a defendant’s personal participation in the constitutional violation.Read the full opinion on CourtListener →
A Section 1983 claim against an individual defendant requires that defendant to be responsible for the alleged constitutional violation.
Alexander v. Hall · filed 2021-03-02
These arguments go to the heart of a § 1983 claim against an individual defendant, which requires a constitutional violation and that the defendant be responsible for the violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation.
McLean v. Morton · filed 2021-03-02
In a §1983action, a plaintiff must allege facts showing the defendants’direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s own involvement in a constitutional violation; supervisory position alone does not establish liability.
Jackson v. Sheehan · filed 2021-03-02
A plaintiff must demonstrate that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; supervisory status alone is insufficient.
Mincy v. Wolfe · filed 2021-03-02
Plaintiff’s claims against Defendants Wolf and Levine are insufficient because he fails to allege their personal involvement in the Covid-19 management and response at SCI Huntingdon.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; supervisory status alone does not establish liability.
Barney v. Wetzel · filed 2021-03-02
Initially, we find that Plaintiff’s Eighth Amendment claims against Defendants Wetzel, and Garman, should be dismissed because these Defendants are not alleged to have sufficient personal involvement in the alleged wrongdoing. As stated above, liability cannot be predicated in a §1983 action solely on the operation of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that an official was personally involved in the alleged deprivation of rights; the official’s position alone does not establish liability.
Villarreal v. Dixon, MD · filed 2021-03-03
Villarreal’s failure to identify precisely how Warden Call was personally involved in the alleged deprivation of his rights constitutes an alternative basis for dismissing both Claims One and Two.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each government official who personally participated in the alleged deprivation.
(HC) Franklin v. Hill · filed 2021-03-03
In pleading for relief pursuant to 42 U.S.C. § 1983, petitioner must identify each individual government official who he believes specifically took part in the alleged acts.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisor is not liable solely because of a supervisory role.
Williams v. Moffett · filed 2021-03-03
In § 1983 lawsuits, government officials are responsible only for their own misconduct. Perez v. Fenoglio, 792 F.3d 768, 781 (7th Cir. 2015). This means that to recover damages from a prison official in a supervisory role, a plaintiff may not rely on a theory of supervisory liability, but must instead allege that the defendant, through his own conduct, violated the Constitution.Read the full opinion on CourtListener →
Section 1983 imposes liability only on persons who cause or participate in a constitutional deprivation.
Pearson v. Hawthorne · filed 2021-03-03
Only persons who cause or participate in an alleged constitutional deprivation are responsible under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each defendant’s personal involvement in the alleged constitutional violation.
Henneberg v. Vandalia Officials · filed 2021-03-03
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Vill. of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005).Read the full opinion on CourtListener →
Section 1983 permits individual damages liability for state employees only when they were personally involved in the alleged deprivation of rights.
Davi v. Roberts · filed 2021-03-03
State employees may be held individually liable for damages under 42 U.S.C. § 1983 only if they were “personally involved in the alleged deprivation” of Davi’s rights.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing a defendant’s personal involvement; an unsupported conspiracy allegation does not establish it.
Forbes v. Officer John Doe · filed 2021-03-03
Here, Plaintiff has pled no facts that would support his allegation of a conspiracy, and this is not a plausible basis for finding personal involvement by Shadder.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s direct personal involvement in the claimed violation of federal rights.
Allen v. Young · filed 2021-03-04
To state a claim under § 1983, the plaintiff must show direct personal involvement by each defendant in an alleged violation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged wrongdoing.
Fatir v. Phelps · filed 2021-03-04
Liability under 42 U.S.C. § 1983 requires a showing that each defendant was personally involved in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation.
MCLEMORE v. MEYERS · filed 2021-03-04
Mr. McLemore names Sheriff Myers as a defendant but does not allege any personal involvement on his part, so all claims against him are dismissed.Read the full opinion on CourtListener →
Section 1983 requires factual allegations that an individual defendant personally participated in the challenged conduct; a conclusory allegation of participation is insufficient.
Rys v. Grimm · filed 2021-03-04
Additionally, other than alleging in conclusory terms that Defendant Miquel Grimm "personally engaged" in discriminatory bias, Plaintiff has not alleged that she directly participated in any discriminatory conduct, which is required to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation.
Martin v. Secretary of Corrections · filed 2021-03-04
By failing to definitively identify Barger as the individual who used physical force on him, Martin has, in turn, failed to establish his personal involvement and culpable state of mind. The Court will grant Defendants’ motion based on Defendant Barger’s lack of personal involvement in the use of force incident.Read the full opinion on CourtListener →
A § 1983 claim against an officer requires facts showing the officer’s involvement in the alleged constitutional violation.
Gaddis v. South Carolina Department of Correction · filed 2021-03-04
The magistrate judge concluded that Plaintiff’s claims for damages against the South Carolina Department of Corrections (“SCDC”) are barred by the Eleventh Amendment and that Plaintiff failed to allege facts that would demonstrate Defendant Williamson was involved in the alleged constitutional violations. ... Accordingly, the court ADOPTS the Report (ECF No. 84), which is incorporated herein, and GRANTS Defendants’ motion for summary judgment (ECF No. 74).Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each defendant’s personal knowledge of and involvement in the deprivation of rights.
KEENAN v. JONES · filed 2021-03-05
To be liable under § 1983, a complaint must allege that the defendants “had personal knowledge of and involvement in the alleged deprivation of [Plaintiff's] rights.”Read the full opinion on CourtListener →
Section 1983 permits liability against an individual defendant when that defendant’s actions cause the deprivation of a federally protected right.
Ruffin v. San Francisco Sheriff's Department · filed 2021-03-05
Accordingly, these named defendants should be dismissed for failure to state a claim for relief against them. ... Liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the plaintiff can show that the defendant’s actions both actually and proximately caused the deprivation of a federally protected right.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Perryman v. Baughman · filed 2021-03-08
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation.
Haskell v. Cuomo · filed 2021-03-08
Where a Section 1983 claim fails to allege the personal involvement of the defendant, it fails as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to award damages against that defendant.
Jackson v. City of Peekskill Police Department · filed 2021-03-08
Indeed, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under Section 1983.”Read the full opinion on CourtListener →
Section 1983 requires each defendant to participate in the alleged violation; allegations that two officers jointly assaulted a plaintiff sufficiently plead each officer’s involvement.
McFarlin v. Penzone · filed 2021-03-09
First, as to the grouping of individuals, we have rejected a “team effort” theory of liability under § 1983 and instead required “integral participation” by each actor before liability attaches. ... McFarlin’s assertion that both officers picked him up and slammed him against the wall sufficiently alleges that each was an active participant in the alleged violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from a state official to allege that official’s personal involvement in the constitutional violation.
Cruz v. Naqvi · filed 2021-03-09
Any claims against Captain Dow, whose name appears in the case caption, are DISMISSED without prejudice because Cruz has not alleged Dow’s personal involvement in the alleged Fourteenth Amendment medical indifference or any other constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant’s conduct and the alleged deprivation of rights.
Williams v. Payne · filed 2021-03-09
Specifically, the First Amended Complaint fails to explain how each named Defendant was personally involved in, and directly responsible for, violating his rights. “Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires particularized allegations tying each defendant to the alleged deprivation; vague allegations that officers caused an unlawful arrest do not suffice.
Rogers v. Charlotte Mecklenburg Police Department · filed 2021-03-09
These allegations are too vague and conclusory to state any cause of action against these Defendants under the Fourth Amendment or otherwise.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; supervisory status alone is insufficient.
Velazquez v. State of New York · filed 2021-03-09
The Court finds, however, that Plaintiff does not adequately allege that Lao and Brooks are personally involved with his parole conditions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for damages liability.
Aikens v. Bishop · filed 2021-03-09
Personal involvement in the deprivation of a federal constitutional right is the sine qua non of liability under § 1983. ... Hunter will therefore be dismissed for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued in an individual capacity to be personally involved in the alleged injury; merely receiving a letter or grievance is insufficient.
Bostick v. Byrd · filed 2021-03-09
Mere receipt of a letter or grievance does not establish that a defendant is sufficiently personally involved in either the cause or treatment of an injury, as required to make a defendant liable under Section 1983 in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for a constitutional violation; allegations that identify no action by a defendant are insufficient.
Pollard v. Larson · filed 2021-03-10
Section 1983 limits liability to public employees who are personally responsible for a constitutional violation. ... In the absence of specific factual allegations that these individuals took any action against him, Pollard’s assertion that they violated his constitutional rights is merely conclusory. The Court will dismiss McHugh, Thompson, and Labby from this case.Read the full opinion on CourtListener →
An individual can be liable under § 1983 for personal involvement in creating a racially hostile work environment.
Carter v. Syracuse City School District · filed 2021-03-10
Likewise, a jury could find that Principal Dittman, who according to Carter agreed that he and others were intimidated by her because of her race, could be found liable under § 1983 by virtue of his “personal involvement” in creating a hostile work environment. See Patterson v. County of Oneida, 375 F.3d 206, 229 (2d Cir. 2004).Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant’s conduct and the alleged deprivation; generalized allegations against a warden are insufficient.
(PC) Blackwell v. Covello · filed 2021-03-10
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. ... However, while the complaint alleges a failure on the part of prison officials, he has not identified any specific action or inaction led to the harm suffered.Read the full opinion on CourtListener →
Section 1983 requires a claim against a person in an individual capacity to allege that person’s personal involvement in the violation of federal law.
Hachmeister v. Jeffreys · filed 2021-03-10
Second, a § 1983 claim against a natural person in his or her individual capacity must allege that individual’s personal involvement in the violation of federal law.Read the full opinion on CourtListener →
Section 1983 requires a damages defendant to be personally involved in the alleged constitutional deprivation.
RICHARDS v. GEO GROUP · filed 2021-03-10
Thus "[a] damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 permits a claim against an official based on his own alleged conduct after taking office, even if earlier alleged misconduct occurred before his appointment.
Roman v. Town of Tisbury · filed 2021-03-10
Plaintiff’s claims against Saloio are not based on the actions taken by either Sherman or the Town for the period before Saloio became Chief of the Tisbury Police Department. Instead, Plaintiff alleges that Saloio deprived Plaintiff of her rights guaranteed by the federal Constitution by attempting to coerce, intimidate, or threaten Meisner into obstructing the Town’s investigation of Plaintiff’s MCAD complaint.1 Because the allegations as to Saloio’s conduct after his appointment as Chief of Police state a claim for relief pursuant to 42 U.S.C. § 1983, Claim One is not subject to dismissal.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.
Hagerty v. Smith · filed 2021-03-10
As stated above, liability cannot be predicated in a §1983 action solely on the operation of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in the challenged decision to hold that official liable for failing to protect an inmate.
Patterson v. Smith · filed 2021-03-11
Moreover, Patterson has failed to establish that Bower had any involvement in the decisions regarding where Patterson was housed during his time at WTRJ and specifically with Patterson’s assignment to Unit E-8, which was at Patterson’s own request. In other words, even if Cottrell had been a known risk or obvious risk to Patterson, Bower did not act in a deliberately indifferent manner because he was not involved in the decision.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s actions and the alleged deprivation of rights.
(PC) Witkin v. Cook · filed 2021-03-11
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 permits liability for officers who were integral participants in an alleged use of excessive force even if the plaintiff cannot identify which officer delivered a particular blow.
Samuell v. Owens · filed 2021-03-11
And, a reasonable jury could find that even if Corral was the one who slammed Samuell’s head into the wall, Araujo and Avelar were integral participants in that alleged violation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison administrators who reasonably rely on an aide’s report when denying a grievance.
Murray v. Baldwin · filed 2021-03-12
Section 1983 does not impose liability on those, like defendants, who reasonably rely on an aide’s report when rejecting the assertions in a grievance.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing officials in their individual capacities to allege that each personally participated in, directed, or knowingly acquiesced to the constitutional violation.
Rizvi v. The Commonwealth of Pennsylvania · filed 2021-03-12
Initially, to the extent Plaintiff asserts this claim against the Pennsylvania Defendants in their individual capacities, his Complaint must contain allegations that the Pennsylvania Defendants either personally participated in, directed, or knowingly acquiesced to the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged constitutional violation.
Gowen v. Winfield · filed 2021-03-15
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires allegations linking each defendant to the claimed deprivation of rights.
(PC) Taylor v. Bird · filed 2021-03-15
Finally, there are no allegations linking Warden Bird to the allegedly contaminated drinking water at DVI.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the constitutional deprivation; supervisory position alone does not establish liability.
Hiler v. Walker · filed 2021-03-15
Because Plaintiff brings his claims under §1983, he must allege the defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of a constitutional right.
Williams v. Diercks · filed 2021-03-15
Further, to state a §1983 claim, a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal involvement in the alleged constitutional deprivation; allegations of wrongdoing by defendants as a group do not suffice.
Booker v. Does · filed 2021-03-15
Because Plaintiff fails to allege specific acts of wrongdoing by the individual defendants, the personal involvement requirement necessary for § 1983 liability is not met and Plaintiff fails to state a claim against John Does, Warden Love, Jane Does, C/O Martin, R. Samalinski, and Warden Thompson.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a defendant personally to the alleged deprivation of rights.
Ragsdale v. Mississippi State · filed 2021-03-15
Here, like above, Ragsdale does not allege any facts that support an inference that Vance had any personal involvement in or personal knowledge of the alleged denial of a prompt post-arrest hearing or at any stage of prosecution.Read the full opinion on CourtListener →
Section 1983 requires allegations that each official sued in an individual capacity was personally involved in the alleged deprivation of rights.
HOSEY v. TOWN OF LANDIS, NORTH CAROLINA · filed 2021-03-15
Aside from this statement, Plaintiff has not asserted additional allegations of constitutional deprivation of his rights personally attributable to the individually named Defendants in their individual capacities. Nor is the single statement by Defendant Smith that Plaintiff’s termination was substantiated by just cause, which Plaintiff himself attributes to the entire Board, alone sufficient to state a claim that three named members of the Board took any action personally or individually to deprive Plaintiff of his liberty interest without due process of the law.Read the full opinion on CourtListener →
Section 1983 liability for a housing decision requires the defendant’s personal involvement in that decision.
Scott v. Bennett · filed 2021-03-15
Furthermore, even if the Eighth Amendment supported a claim based solely on segregation status, the forecast of evidence does not reflect that either Defendant had any involvement in decisions regarding Plaintiff’s housing status. Again, there is no genuine issue for trial on this claim. As such, the Court will dismiss it.Read the full opinion on CourtListener →
Section 1983 permits an excessive force claim against officers alleged to have been present when one used force and the other failed to intervene, even if the plaintiff cannot yet identify which did which.
Lopez-Motherway v. City of Long Beach · filed 2021-03-15
The Amended Complaint sets forth specific facts to show that both officers were present during the use of excessive force, that one of the two used excessive force, and that the other failed to intervene. That is alternative pleading, quite different than the unbounded speculation in the cases defendants cite.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to allege each defendant’s personal involvement in the constitutional violation.
Al-Haj v. Akaukmoah · filed 2021-03-15
The Court cannot infer a constitutional violation in the absence of more specific allegations that the SHTAs participated in the violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant personally participated in the constitutional violation.
Washington v. Fitzpatrick · filed 2021-03-15
To adequately allege a Section 1983 claim, a plaintiff must “plead that each Government- official defendant, through the official’s own individual actions, has violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; knowing of a denial or handling a grievance about it is insufficient.
Whitney v. Ferguson · filed 2021-03-15
To the extent that Plaintiff argues that the Moving Defendants knew of the denials of his requests or were involved in receiving or responding to Plaintiff’s grievances, neither is sufficient to establish §1983 liability.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on defendants personally involved in the alleged violation of a plaintiff’s rights.
Hodge v. City of North Charleston, The · filed 2021-03-15
Liability under § 1983 attaches only to defendants who were personally involved in violating a plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to cause or participate in a rights violation; ruling against a prisoner on an administrative complaint alone does not establish liability.
Williams v. Ellefson · filed 2021-03-16
Only a person who causes or participates in a violation can be liable. ... “Ruling against a prisoner on an administrative complaint does not cause or contribute to the violation.”Read the full opinion on CourtListener →
Section 1983 requires a causal connection between an individual defendant’s conduct and the injury for which the plaintiff seeks damages.
(PC) Samaro v. Simpson · filed 2021-03-16
However, since the complaint does not allege that defendant Simpson was the officer responsible for deploying the police dog, the court agrees that there is no causal relationship between defendant’s conduct and plaintiff’s injuries to his left knee.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Kononov v. Sacramento Count/City Main Jail · filed 2021-03-16
In addition, there can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations that each individual defendant personally participated in the alleged constitutional deprivation.
Sinnott v. Cicero Police Department · filed 2021-03-16
In viewing the Second Amended Complaint as a whole, Sinnott has sufficiently alleged that Polk, Flores, Skrabacz, and Boyle were personally involved in a §1983 claim for racial discrimination. The Court declines to dismiss these Defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability; supervisory status alone is insufficient.
Clark v. Tremmell · filed 2021-03-16
Furthermore, it is well-established that “personal involvement” in an alleged constitutional deprivation “is a prerequisite for individual liability” under § 1983.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when a state actor takes an affirmative part in the alleged misconduct.
Easley v. Tritt · filed 2021-03-16
Under § 1983, individual liability may be imposed only if the state actor played an “affirmative part” in the alleged misconduct.Read the full opinion on CourtListener →
Section 1983 requires a state actor to have played an affirmative part in the misconduct for liability.
JACKSON v. O'BRIEN · filed 2021-03-16
For liability in a 42 U.S.C. § 1983, the state actor must have played an affirmative part in the misconduct.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of rights.
Osborn v. Horry County Police Department · filed 2021-03-16
Defendants Chief Joe Hill and Jack Johnson are also entitled to summary judgment on Plaintiff's § 1983 claim because there is no evidence that they had any personal involvement in the investigation of Plaintiff or the execution of any search warrants related to the Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant’s action caused the alleged harm.
(PC) Folsom v. County of Shasta · filed 2021-03-17
To state a claim under § 1983, plaintiff must show that each defendant took an action that caused plaintiff harm.Read the full opinion on CourtListener →
Section 1983 does not make a warden liable for events that occurred before he took office.
Jones v. Pfister · filed 2021-03-17
The parties also agree that Pfister’s first day as Warden at Stateville was November 12, 2015. Defs.’ SOF ¶ 3. As such, he cannot be liable for any events that occurred prior to that date.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a defendant was personally involved in the acts that violated the plaintiff’s rights.
CHRISTIAN v. GARMAN · filed 2021-03-17
For a § 1983 claim to survive a motion to dismiss, the plaintiff must sufficiently allege that the defendant was personally involved in the act or acts that the plaintiff claims violated his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing multiple defendants to allege each defendant’s personal involvement in the violation.
FLEMING v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS · filed 2021-03-17
There are insufficient allegations to show Mail Room Supervisor White, Lieutenant Floyd, and Shift Commander Sissem were personally involved.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in a violation of federal rights.
Baltas v. Cook · filed 2021-03-18
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a specific injury to specific conduct by each defendant.
Goss v. Shepherd · filed 2021-03-18
To state a valid claim under § 1983, a plaintiff must allege that he suffered a specific injury as a result of specific conduct of a defendant and show an affirmative link between the injury and the conduct of that defendant.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Delphin v. Ross · filed 2021-03-18
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation. ... Because it is unclear what actions, if any, were taken by Ross, the facts as pled in the complaint do not show Ross was involved in the alleged constitutional deprivations, and plaintiff fails to state a claim against Ross.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a defendant to the alleged deprivation; delivering meals alone does not establish responsibility for their condition.
Moscoe v. Pelican Bay State Prison · filed 2021-03-18
Plaintiff has failed to demonstrate that correctional officers who at various times delivered his meals were responsible for the condition of the meals. His conclusory allegations against the correctional officer defendants are insufficient to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued for damages in an individual capacity to have been personally involved in the alleged constitutional deprivation; supervisory status alone is insufficient.
Belton v. Wydra · filed 2021-03-18
A government or prison official is not personally involved in a constitutional violation simply because he or she was the supervisor of other defendants who may have violated the plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 permits individual liability when officials personally fail to take steps within their operational responsibilities that would have prevented an alleged constitutional violation.
Golbert v. Walker · filed 2021-03-18
Similarly, here, Plaintiffs allege that Defendants personally failed to take steps that were within their operational responsibilities and that would have prevented the constitutional violations in question. As such, Plaintiffs have sufficiently alleged personal involvement to survive a motion to dismiss.Read the full opinion on CourtListener →
Section 1983 requires a plausible allegation that the defendant was personally involved in the deprivation of a federal right.
Andrews v. Hensley · filed 2021-03-18
Also, Plaintiff has not set forth any other facts from which the Court can plausibly infer that Defendant Marshal Miller was personally involved in any violation of Plaintiff’s constitutional rights such that he could be liable for the allegations of the complaint under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a causal link between an individual defendant’s conduct and the alleged deprivation of rights.
Bumbales v. City of Vandalia, Missouri · filed 2021-03-18
Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation.
CONCEPCION v. RUSSELL · filed 2021-03-18
Furthermore, Concepcion does not allege how the named Defendants were personally involved in this particular deprivation and, thus, he has failed to allege that any of them were deliberately indifferent to his health or safety.Read the full opinion on CourtListener →
A § 1983 complaint must allege that each named state actor personally violated the plaintiff’s constitutional rights.
WRIGHT v. HEAD OF SECURITY AT DRC STEW · filed 2021-03-18
In other words, to state a claim for a constitutional violation under § 1983 a plaintiff must allege that each named state- actor defendant violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; sufficiently pleaded involvement can allow a claim to survive a motion to dismiss.
CROWDER v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS · filed 2021-03-18
But we find that Crowder has alleged sufficient personal involvement by Wetzel and Sommers to survive their motion to dismiss.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; responding to a prisoner’s grievance alone does not establish that involvement.
Leviner v. Mikharzucz · filed 2021-03-18
A prisoner’s allegation that prison officials and administrators responded inappropriately or failed to respond to a prisoner’s complaint or official grievance does not establish that the officials and administrators were involved in the underlying allegedly unconstitutional conduct.Read the full opinion on CourtListener →
Section 1983 requires facts plausibly showing a defendant’s personal involvement in the alleged deprivation of federal rights.
Andrews v. Miller · filed 2021-03-18
Also, Plaintiff has not set forth any other facts from which the Court can plausibly infer that Defendant Marshal Miller was personally involved in any violation of Plaintiff’s constitutional rights such that he could be liable for the allegations of the complaint under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual capacity liability to allege each defendant's personal involvement in the constitutional violation.
Putman v. Collier · filed 2021-03-19
To hold an individual liable under section 1983, a plaintiff must show that the defendant was personally involved in the alleged constitutional denial. ... In the instant case, plaintiff pleads no factual allegations against the defendants in their individual capacities sufficient to raise a viable section 1983 claim for relief.Read the full opinion on CourtListener →
Section 1983 individual liability requires the defendant’s personal involvement in the alleged constitutional deprivation.
DiMaio v. Hain · filed 2021-03-19
Because DiMaio fails to plead Hain’s personal involvement in the deprivation of a constitutional right, Defendants’ motion to dismiss Count III is granted.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional violation to be individually liable.
Walker v. White · filed 2021-03-19
No jury could find that Daly, Gaynor, and Baeza were personally involved in either the Fourth Amendment or due-process violations, as required for liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
TRIPP v. KNIGHT · filed 2021-03-19
Because Dr. Mitcheff did not participate in Mr. Tripp's care, he is entitled to judgment as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in an alleged constitutional deprivation to be individually liable for damages.
SMITH v. REAGLE · filed 2021-03-19
First, all claims against Unit Team Manager Amburn and Program Director Ashe are dismissed because the complaint makes no factual allegations against them. "For constitutional violations under § 1983 or Bivens, a government official is only liable for his or her own misconduct."Read the full opinion on CourtListener →
Notes 75601–75750 of 89,157, oldest cases first.
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