Statute Annotations › Federal › 42 U.S.C. § 1983

42 U.S.C. § 1983

Civil action for deprivation of rights: the cases that interpreted this section

Jurisdiction
Federal
Case notes
89,157
Cited in passing
112,171
Citing cases indexed
283,166
Case dates
1955–2022
Screened through
2022-11-02
Checked for later law changes
2026-10-17
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.

Have a situation under 42 U.S.C. § 1983?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Personal involvement of defendant

A § 1983 complaint must allege specific conduct by each named defendant connecting that defendant to the claimed violation.

Mitchell 215428 v. Bureau of Health Care Services · filed 2021-03-19

It is a basic pleading essential that a plaintiff attribute factual allegations to particular defendants. ... Because Plaintiff fails to specifically allege any wrongdoing by the named Defendants, his complaint must be dismissed.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the alleged violation.

Celestin v. Angeletta · filed 2021-03-19

To state a plausible Section 1983 claim, Plaintiff must allege each Defendant’s personal involvement in the alleged attack.
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Section 1983 imposes individual liability only when the defendant is personally responsible for the alleged deprivation of rights.

Engel v. Jefferson County Sheriffs Department · filed 2021-03-19

Liability in a § 1983 case is personal. ... Here, plaintiff has presented no facts showing a causal connection between any action taken by the Jail Administrator, and the deprivation of one of plaintiff’s constitutional rights. ... As such, for these reasons, the individual capacity claim against the Jefferson County Jail Administrator must be dismissed.
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A Section 1983 complaint must name defendants who were personally involved in the alleged unconstitutional conduct.

Gabaldon v. City of Norfolk Massachusetts · filed 2021-03-22

He must name as proper defendants those individuals who had some personal involvement in the alleged unconstitutional conduct.
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Section 1983 requires a defendant’s personal participation in the alleged constitutional violation.

Johnson v. Simmons · filed 2021-03-22

However, because the Court does not find that Plaintiff has sufficiently alleged that Defendant Kretzer was involved in the decision to keep Plaintiff in administrative segregation or transfer him to RCI, and Defendant Kretzer has submitted a declaration in which he states that he has never been assigned to an ARP investigation concerning Plaintiff, is not Defendant Simmons’s supervisor, and has never participated in administrative segregation reviews or determinations assigning Plaintiff to administrative segregation, ECF No. 18-7 ¶¶ 3–5, Defendant Kretzer will be dismissed from the action.
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Section 1983 requires facts connecting an individual defendant’s own conduct to the alleged deprivation of rights.

Engel v. Jefferson County Sheriff Department · filed 2021-03-22

Liability in a 42 U.S.C. § 1983 case is personal. ... In this case, there are no facts connecting the Jefferson County Sheriff with any deprivation of plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation.

Lockett v. City of Middletown · filed 2021-03-22

As Plaintiff provided absolutely no facts upon which the Court could infer that Pesola, Trapini, or Napolitano interacted with Plaintiff at all—let alone participated in any violation of any kind—the Section 1983 claims pressed against these Defendants are dismissed for failure to plead their personal involvement.
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Section 1983 requires a plaintiff to allege how each defendant was personally involved in the claimed constitutional violation.

GONZALEZ v. RUSSELL · filed 2021-03-22

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

Diaz v. Landaal · filed 2021-03-23

Under §1983, defendants will be liable only if “they had some personal involvement in the alleged constitutional deprivation.” ... Putting aside the fact that these units are not people, the Court cannot reasonably infer that every person in both units knew of Diaz’s restrictions and was involved in the decision to house him on the second floor.
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Section 1983 requires a plaintiff to link each named defendant’s actions to the alleged deprivation of rights.

(PC) Stich v. Lind · filed 2021-03-23

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. ... Plaintiff’s complaint suffers a key defect, specifically the failure to link either of the named defendants to the alleged violations of his Eighth Amendment rights.
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Section 1983 requires a plaintiff to identify defendants who personally participated in a substantial way in the alleged deprivation of a federal constitutional right.

(PC) Kendrid v. Cudjo · filed 2021-03-23

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.
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Section 1983 requires a plaintiff to allege a factual link between each defendant’s conduct and the claimed deprivation.

(PC) Barth v. Romero · filed 2021-03-23

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. ... Plaintiff’s second amended complaint fails to establish a link between any constitutional violation and Defendants Mohr and Davis because it contains no factual allegations specifically against them.
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Section 1983 requires a plaintiff to allege a connection between each defendant’s actions and the claimed deprivation.

(PC) Joy v. King · filed 2021-03-23

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.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; directing, facilitating, or approving an attack can suffice.

Murphy v. Baldwin · filed 2021-03-23

As to Defendant Mitchell’s argument that he was not involved in the alleged attack and Plaintiff did not plead a failure to protect claim, the Court notes that liability under § 1983 is predicated on a defendant’s personal involvement in the alleged constitutional violation.
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Section 1983 requires a prison official’s personal involvement in the challenged conduct; reviewing grievances alone does not suffice.

Ruffin v. Ahmed · filed 2021-03-23

“Prison officials who simply processed or reviewed inmate grievances lack personal involvement in the conduct forming the basis of the grievance.” ... Baldwin was involved only in the administrative steps rather than in the actual events referenced in the grievance. Thus, summary judgment as to Baldwin is appropriate.
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Section 1983 requires a plaintiff to allege personal involvement by an identified official in a constitutional violation.

Robbin v. Grago · filed 2021-03-23

Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983.
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Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff's rights.

(PC) Garces v. Gamboa · filed 2021-03-24

Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.
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Section 1983 liability requires a defendant to be personally responsible for the deprivation of a constitutional right.

Tucker v. Watson · filed 2021-03-24

Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.”
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Section 1983 claims against individual defendants require factual allegations connecting each defendant to the alleged violation.

Merriweather 131483 v. Washington · filed 2021-03-24

Plaintiff makes no allegations against Defendants Washington, Nagy, Rurka, or Morrison. It is a basic pleading essential that a plaintiff attribute factual allegations to particular defendants. ... Accordingly, the Court will dismiss the complaint against them.
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Section 1983 requires a defendant’s personal involvement in the alleged wrong, so an excessive force claim cannot proceed against someone not alleged to have participated in the force.

Unterberg v. Magluilo · filed 2021-03-24

Syracuse moves to dismiss Count Three against him and since he is not alleged to be personally involved with using excessive force on plaintiff during his arrest, this Count will be dismissed to the extent it is raised against Syracuse.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

SCRUGGS v. DAVIS · filed 2021-03-25

"Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation."
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Section 1983 requires allegations of an individual defendant’s personal involvement in the alleged constitutional violation.

Colon v. Monroe County Board of Elections · filed 2021-03-25

However, the Court does agree with the individual defendants that no claims have been plausibly alleged against them in the complaint. ... Thus, there are no claims plausibly asserted against the individual defendants and any such claims are dismissed without prejudice.
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A § 1983 plaintiff must allege that each named state-actor defendant personally violated the plaintiff’s constitutional rights.

MOORE v. BRIGHTLER · filed 2021-03-25

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. Moore’s Complaint fails to state a claim under § 1983 for the following reasons.
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Section 1983 requires personal involvement in the alleged wrong; a supervisor’s role in reviewing or responding to inmate requests and grievances alone does not establish liability.

Montanez v. Lynch · filed 2021-03-25

Nor can Montanez impose liability on these Defendants based upon their roles in reviewing and responding to inmate requests and grievances.
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A Section 1983 complaint must link a particular defendant to the alleged deprivation of federal rights.

Burchfield v. Brooks · filed 2021-03-25

As presented, however, Plaintiff’s complaint is insufficient to state a constitutional violation, or to link any particular Defendant to any wrongdoing.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Green, Jr. v. Gregory · filed 2021-03-26

Because Greene failed to respond to Montague’s denial of any involvement in any transfer decision or in the ICC hearings [Dkt. No. 19-40], Montague’s motion for summary judgment on Greene’s due process claim will be granted.
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Section 1983 requires a plaintiff to link each defendant’s conduct to a specific injury.

McCarty v. Egnor · filed 2021-03-26

Plaintiff does not connect the allegations in the Complaint to Defendants Sabu, Branvits, and Huskisson. Plaintiff makes no allegations at all against these Defendants. Accordingly, the Court will dismiss Defendants Sabu, Branvits, and Huskisson.
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Section 1983 requires facts linking a defendant’s conduct to the plaintiff’s injury; a grievance coordinator’s inaction does not establish liability without awareness of an ongoing violation and authority to remedy it.

Luke 130646 v. Milburn · filed 2021-03-26

Plaintiff’s allegations do not support a conclusion that Defendant Milburn was aware of an ongoing constitutional violation or that he had authority to take action to remedy the alleged violation.
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A Section 1983 complaint must allege how the named defendants violated the plaintiff’s constitutional rights.

Stewart v. Caseyville Police Dept · filed 2021-03-26

Stewart lists the Caseyville Police Department and James Gomeric [sic] as defendants but fails to include any allegations against either defendant.
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Section 1983 requires factual allegations connecting each defendant to the alleged violation; merely naming someone as a defendant is insufficient.

Mosely v. Bergeron · filed 2021-03-26

Merely listing a defendant in a complaint without making the factual allegations necessary to connect that defendant to a claim simply does not suffice.
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Section 1983 does not impose personal liability on officials merely because their positions make them responsible for jail conditions.

Blanch v. Schiff · filed 2021-03-26

Plaintiff’s allegation that Sheriff Schiff, Undersheriff Chaboty, Administrator Smith, and Joe D.P.W. hold positions that make them responsible for the conditions of the Unit are insufficient.
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Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory status alone does not establish liability.

Ungerer v. Esposito · filed 2021-03-26

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. Thus, respondeat superior cannot form the basis of liability.
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Section 1983 requires allegations that each defendant personally participated in violating the plaintiff’s rights.

Holley v. Meredith · filed 2021-03-29

As noted above, a claim under § 1983 must be based on allegations that the specific defendant was personally involved in violating the plaintiff’s rights.
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Section 1983 does not impose liability for a committee’s decision on officials who were not members of that committee.

(PC) Allen v. Lopez · filed 2021-03-29

On May 8, 2020, the assigned magistrate judge recommended that summary judgment be entered in favor of defendants Lopez, Ogbuehi, and Relevante because they were not members of the MAR Committee that denied plaintiff the requested surgery on November 29, 2016 and, therefore, could not be held liable in connection with that decision pursuant to § 1983. ... The findings and recommendations issued by the magistrate judge on May 8, 2020 (Doc. No. 51) are ADOPTED in full; ... Defendants’ motion for summary judgment (Doc. No. 45) is GRANTED as to defendants Lopez, Ogbuehi, and Relevante and DENIED as to defendants Patel, Sao, Ulit and Spaeth.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.

(PC) Hunt v. Lewis · filed 2021-03-29

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation. ... These vague and conclusory allegations are insufficient to state a claim for relief against Cimino.
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Section 1983 requires a plaintiff seeking individual-capacity damages from committee members to show what each member did to violate a constitutional right; collective action alone is insufficient.

Pelichet v. Gordon · filed 2021-03-29

Accordingly, for the reasons set forth in the cases cited by the MDHHS Defendants, and consistent with the Court’s prior opinion in this case, under 42 U.S.C. § 1983, Plaintiffs cannot sue the NGRI Committee Defendants in their individual capacities for damages based on allegedly unconstitutional collective actions; instead, they must “demonstrate what each defendant did to violate the asserted constitutional right.” (ECF No. 87, PageID.2380-2381) (emphasis in original).
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Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation for liability.

Ashley v. McKinney · filed 2021-03-29

As in Bird, Plaintiff has failed to demonstrate that Griffith had any personal involvement in his allegedly tardy dental care, without which she cannot be liable in this case.
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Section 1983 requires a sheriff’s personal involvement for individual liability on a detainee’s medical care claim.

McCarthy v. Cardella · filed 2021-03-29

There is no allegation that Defendant Cathey was personally involved in the Plaintiff’s medical care at the Jail. As such, the Defendants are entitled to summary judgment to the extent that the Plaintiff asserts any deliberate indifference claim against Defendant Cathey in his individual capacity.
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Section 1983 requires each defendant’s personal participation in the alleged violation of federal rights.

Wilford v. Washington County Jail · filed 2021-03-29

Plaintiff is advised that liability under § 1983 arises upon a showing of personal participation by each defendant, and Plaintiff must allege that each named defendant, through his or her own individual actions, violated plaintiff’s constitutional rights.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed deprivation of rights; allegations about defendants as a group are insufficient.

JAGER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION · filed 2021-03-29

Allegations like these in the Amended Complaint fail to adequately allege that Herb, Tomei, or Heggenstaller were personally involved in any alleged violations of the Jagers’ constitutional rights.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.

Edwards v. Renalds · filed 2021-03-30

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.
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Section 1983 requires a plaintiff to allege how each defendant’s actions deprived the plaintiff of a specific constitutional or federal right.

(PC) Hawes v. California Department of Health Services · filed 2021-03-30

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that (1) the defendant acted under color of state law, and (2) the defendant deprived him of rights secured by the Constitution or federal law. ... The complaint does not state facts showing how either of the named defendants deprived him of a specific right enumerated in the Constitution or in federal law.
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Section 1983 requires a plaintiff to allege how each named defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Heim v. Doe · filed 2021-03-30

Under section 1983, Plaintiff must demonstrate how each named defendant personally participated in the deprivation of his rights. ... In the Second Amended Complaint Plaintiff fails to allege facts showing that any of the named individual Defendants personally acted against him.
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Section 1983 requires each defendant to be personally involved in the alleged deprivation of federal rights.

Haywood v. Winn · filed 2021-03-30

And Plaintiff’s allegations against Ferris and Wirley do not demonstrate the necessary “personal[] involve[ment]” in the deprivation of his constitutional rights.
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Section 1983 requires a causal link between each defendant and the deprivation of rights; naming defendants without alleging their personal involvement is insufficient.

Engel v. CO1 · filed 2021-03-30

In addition, plaintiff does not mention any of the forty defendants by name in his allegations or connect any named defendant (or any employee of a named defendant) with any specific action in the allegations of his complaint. “Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation; naming a defendant alone is insufficient.

Hughes v. Rehal · filed 2021-03-30

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the personal involvement of defendants in the alleged constitutional deprivations.
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Section 1983 requires allegations that an individual defendant was personally involved in the alleged constitutional violation.

Doe v. State University of New York at Stony Brook · filed 2021-03-30

Mere speculation as to whether Orlich signed off on Santiago’s report is not sufficient to establish Orlich’s personal involvement in an alleged constitutional violation. Further, Doe does not state any facts to plausibly show that Orlich was grossly negligent or had participated directly in a constitutional violation when she sent him a letter informing him of the results of his disciplinary hearing. Doe’s § 1983 claims against Orlich are therefore dismissed for failure to allege personal involvement.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation; naming officials in the complaint’s caption alone is insufficient.

Davis v. NYS Office of Children and Family Services · filed 2021-03-30

As noted above, in order to allege a plausible § 1983 claim, a plaintiff must allege the personal involvement of the defendant in the purported constitutional deprivation. ... Thus, plaintiff has not alleged a plausible claim against Commissioners Johnson, Pierre, and Nowak and these claims are dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii).
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Section 1983 requires specific facts showing a defendant’s personal involvement in the alleged deprivation of civil rights.

McCright v. Beamer · filed 2021-03-30

Mr. McCright broadly alleges Eileen Purcell, Joe DaFoe, and Dr. Steve Shelton violated his civil rights, but he fails to allege specific facts that show any of them were personally involved.
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Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish individual liability.

Dunlap v. Nicklow · filed 2021-03-30

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.” ... Accordingly, each named Defendant is alleged to have personal involvement in the events leading up to and surrounding Robinson’s assault of Dunlap. Defendants’ motion to dismiss based on their lack of personal involvement is denied.
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Section 1983 requires a supervisor’s personal involvement in the alleged violation; learning of it afterward through grievances is insufficient.

Rasheed v. Saez · filed 2021-03-30

Second, even if the court considered his additional allegations against Superintendent Harry, they are insufficient to allege her personal involvement in the May 14, 2019 events as they occurred after the fact.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation; reviewing an appeal of other officials’ decisions does not establish that involvement.

Wells v. Wetzel · filed 2021-03-30

This after-the-fact review of other individuals’ decisions does not establish Defendant Bickell’s personal involvement, so he is entitled to summary judgment in his favor.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.

Dobson v. Cortez · filed 2021-03-31

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation of federal rights.

Woodhouse v. Anderson · filed 2021-03-31

As Woodhouse fails to allege personal involvement of Defendants Clarke, Manis, Collins, Elam, and Arms in violating his federal rights, the court will grant Defendants’ motion to dismiss as to the claims against these defendants.
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Section 1983 requires personal involvement in the alleged violation; handling an inmate’s administrative complaint alone does not establish liability.

Shaw v. Kemper · filed 2021-03-31

Next, Plaintiff may not proceed on Section 1983 claims against Bones, Becher, Davidson, and O’Donnell (collectively, the “Administrative Defendants”), whose only involvement was in the administrative inmate complaint process.
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Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation.

Shaw v. Smith · filed 2021-03-31

Individual liability under Section 1983 “requires personal involvement in the alleged constitutional deprivation.” ... Plaintiff’s complaint includes no allegations about any of the Defendants, let alone that they had anything to do with the use of the sound cannon that triggered Plaintiff’s PTSD episodes. Therefore, Plaintiff will not be permitted to proceed on claims in this case against Defendants Judy Smith, Dr. Rotondi, Dr. Roehrich, Dr. Stolarski, and Dr. Freund.
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Section 1983 requires a plaintiff to show that each individual defendant proximately caused the deprivation of a federally protected right.

Jurado v. Ramirez · filed 2021-03-31

First, Section 1983 liability may be imposed on an individual defendant only if the plaintiff can show that the defendant proximately caused the deprivation of a federally protected right.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in the claimed constitutional deprivation.

Mitchell v. Magnuson · filed 2021-03-31

Moreover, these allegations highlight the lack of personal participation by these Defendants in any alleged constitutional deprivations.
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Section 1983 requires a causal connection between a defendant’s acts or omissions and the alleged constitutional deprivation.

Tobler v. Skigen · filed 2021-03-31

Moreover, the Eleventh Circuit “requires proof of an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation” in § 1983 cases. ... However, Skigen was not involved in that care, and Tobler’s statement that Skigen engaged in a “civil conspiracy” to deny him proper medical care is wholly unsupported.
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Section 1983 requires an affirmative causal connection between a particular defendant’s actions under color of state law and the constitutional deprivation.

NESBITT v. LONG · filed 2021-03-31

“[S]ection 1983 requires proof of an affirmative causal connection between the actions taken by a particular person under color of state law and the constitutional deprivation.” LaMarca v. Turner, 995 F.2d 1526, 1538 (11th Cir. 1993) (internal quotation marks and citations omitted). Without such causal connection, a claim cannot proceed.
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Section 1983 requires personal involvement; mere knowledge of and inaction toward others’ conduct does not establish liability.

Robinson v. City of Mount Rainier, Maryland · filed 2021-03-31

Mere knowledge and inaction in the face of others’ actions, without more, does not support a finding of liability under § 1983.
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A § 1983 plaintiff can survive summary judgment without identifying which officer fired a munition when evidence permits a jury to find each officer involved in or aware of the alleged violation.

Molina v. St. Louis, Missouri, City of · filed 2021-03-31

Though Plaintiffs cannot specifically identify which officer(s) directed canisters at them, the Court finds the foregoing evidence sufficient to create a triable fact as to each officer’s involvement in or awareness of the alleged constitutional violation.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages against that defendant.

Lozada v. County of Nassau · filed 2021-03-31

Yet, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Thus, upon the record presented, no reasonable juror could find that Mangano was personally involved in the constitutional deprivations of which Plaintiff complains.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a supervisory title alone does not establish liability.

Griffin v. Annucci · filed 2021-03-31

Further, in order to establish liability under § 1983 a plaintiff must show “the defendant’s personal involvement in the alleged constitutional deprivation.” ... Accordingly, Plaintiff fails to plausibly allege Capra’s personal involvement in the alleged constitutional violation and thus claims against him are dismissed.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Dubois v. Detective Jim Tassone · filed 2021-03-31

As described above, personal involvement is required to establish liability under Section 1983.
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Section 1983 requires specific factual allegations showing each defendant’s personal involvement; group allegations are insufficient.

Walsh v. City of New York · filed 2021-03-31

It is well settled that “group pleading,” which “fail[s] to differentiate as to which defendant was involved in the alleged unlawful conduct,” is insufficient to state a claim under § 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisory position alone does not establish liability.

Viera v. Annucci · filed 2021-03-31

Plaintiff’s claims are asserted pursuant to 42 U.S.C. § 1983, which provides a cause of action against individuals who, acting under color of state law, deprive an individual of rights, privileges, or immunities secured by the Constitution. ... For all these reasons, the Court finds that Moving Defendants are entitled to summary judgment on Plaintiff’s claims against them because a reasonable jury could not find that they were personally involved in the alleged violation of Plaintiff’s right to access the courts.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; officials who addressed the conduct and instructed the officer to stop did not acquiesce in it.

Byrd v. Brittain · filed 2021-03-31

Accordingly, as they did not acquiesce in the alleged constitutional violation committed by CO Chandler, summary judgment will be granted in favor of the Grievance Officials for lack of personal involvement.
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Section 1983 requires a defendant to have personally participated in a substantial way in the deprivation of a federal constitutional right.

(PC) Cox v. Daram · filed 2021-04-01

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.
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Section 1983 liability requires a defendant’s personal involvement in the injurious conduct.

BLUE v. SHAW · filed 2021-04-01

Section 1983 liability depends on the personal involvement of the defendant in the injurious conduct, and no such conduct has been alleged.
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A § 1983 plaintiff must allege facts showing each defendant’s personal involvement in the alleged misconduct.

EL v. KOOB · filed 2021-04-01

A plaintiff alleging a § 1983 claim for a constitutional violation must allege facts showing each defendant’s personal involvement in the alleged misconduct. ... While these changes do provide more context with respect to Lombardo’s alleged involvement, they do not fully address the deficiencies previously noted.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; an unnamed group of employees cannot be sued collectively.

Anderson v. Bonner · filed 2021-04-01

Collective liability, i.e., when claims are brought against persons such as “medical staff,” is not permitted under § 1983. Individual, personal involvement is required.
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Section 1983 requires a plaintiff to link each defendant’s conduct to a specific injury.

McCarty v. Egnor · filed 2021-04-02

In addition, a plaintiff must allege that he suffered a specific injury as a result of the conduct of a particular defendant and he must allege an affirmative link between the injury and the conduct of that defendant.
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Section 1983 requires an actual link between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Brown v. Rodriguez · filed 2021-04-02

The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.
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A § 1983 claim for damages against an individual defendant may proceed when the complaint plausibly alleges that defendant’s personal involvement in the constitutional violation.

Eckert v. Butricks · filed 2021-04-02

Accordingly, as he has plausibly alleged the personal involvement of Defendants in this constitutional violation, Mr. Eckert may proceed with this claim against Defendants in their individual capacities.
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Section 1983 requires a plaintiff seeking to hold a defendant individually liable to show that defendant’s personal involvement in the alleged constitutional deprivation.

Greaves v. Cecily · filed 2021-04-05

“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.”
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Section 1983 requires personal involvement for individual liability; a person who neither decided to bring charges nor wrongfully influenced that decision cannot be liable for malicious prosecution.

Grinols v. Beers · filed 2021-04-05

For a defendant to be held individually liable in an action under § 1983, the plaintiff must show that the defendant was personally involved in the alleged deprivation. ... Given the Court of Claims’ factual findings, and the lack of evidence that Beers was personally involved in or wrongfully influenced that decision, I conclude that Beers cannot be held liable for malicious prosecution.
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Section 1983 requires allegations of a defendant’s own conduct to state a claim against that defendant.

Hughes v. Smith · filed 2021-04-06

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. ... Finally, in regard to defendant “C/O Meredith,’ Hughes does not allege any actions by him at all. As such, Hughes has failed to state any claim against C/O Meredith, and the action must be dismissed against him.
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A § 1983 claim against an individual defendant fails when the complaint alleges no facts about that defendant's involvement.

Tolentino v. Smucker · filed 2021-04-06

The District Court also did not err in holding that Tolentino failed to state a claim against the health care administrator because he alleged no factual allegations against him.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.

(PC) Zevallos v. Allison · filed 2021-04-06

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 claims require allegations connecting a defendant to a violation of the plaintiff’s constitutional rights.

Fulford v. Prisoner Review Board · filed 2021-04-06

There are no allegations to suggest that any defendant violated his constitutional rights.
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Section 1983 permits damages against a defendant only if that defendant was personally responsible for the deprivation of a constitutional right.

Cordova v. Foster · filed 2021-04-07

Under § 1983, a defendant will be liable for damages only if she was personally responsible for the deprivation of a constitutional right.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC)Rojas v. Rizendine · filed 2021-04-07

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires factual allegations connecting each named defendant’s actions to the alleged deprivation.

(PC) Roberts v. CDCR · filed 2021-04-08

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. ... Here, Plaintiff’s complaint is devoid of specific factual allegations linking any of his claimed legal theories to a named proper defendant.
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Section 1983 requires personal involvement by an individual defendant and does not permit collective liability.

DAVIS v. REID HOSPITAL (HEATH) · filed 2021-04-08

In addition, collective liability under 42 U.S.C. § 1983 is not permitted. Mr. Davis has not named any individual who allegedly denied him medical treatment.
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Section 1983 requires a plaintiff to allege specific misconduct or wrongdoing by each defendant.

Borges v. Schenectady County Jail · filed 2021-04-08

In addition, Plaintiff must include in the body of the third amended complaint specific allegations of misconduct or wrongdoing by each defendant sufficient to state a claim against them pursuant to § 1983.
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Section 1983 requires an affirmative link between a defendant’s actions and the alleged deprivation of rights.

(PC) Wilbanks v. Tappen · filed 2021-04-09

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Calhoun v. Cruz · filed 2021-04-09

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation for that defendant to be liable.

(PC) Haygood v. Ruiz · filed 2021-04-09

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for damages liability.

White v. Darrant · filed 2021-04-09

White must allege facts to establish the personal involvement of a defendant in an alleged constitutional violation in order to hold that defendant liable for an award of damages under § 1983.
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A § 1983 complaint must allege each defendant’s personal involvement in the deprivation of federal rights.

Rogers v. State of Tennessee · filed 2021-04-09

Additionally, Plaintiff does not associate any named Defendant with any fact alleged in the entire complaint. Therefore, Plaintiff has not stated a claim against any of these Defendants.
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Section 1983 requires a defendant to cause or participate in a constitutional violation; reviewing a grievance about past misconduct does not establish liability.

Curtis v. Schwartz · filed 2021-04-12

In any case, only persons who cause or participate in a constitutional violation are responsible under § 1983; administrators who review a grievance about a prior act of misconduct do not cause or contribute to the conduct forming the basis of the grievance.
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Section 1983 requires allegations of each defendant’s own conduct; vicarious liability does not apply.

Blomdahl v. Jones · filed 2021-04-12

Since vicarious liability is inapplicable to § 1983 suits, Plaintiff fails to plead sufficient facts that point to conduct specific to Officer Magana.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.

(PC) Candler v. Diaz · filed 2021-04-12

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

(PC) Garvin v. Mule Creek State Prison · filed 2021-04-12

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.
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Section 1983 requires facts showing a defendant’s personal participation in an alleged constitutional violation to recover damages from that defendant individually.

Schroder v. Johnson · filed 2021-04-12

Prison officials and prison medical providers generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations. ... The Complaint includes no specific facts about Plaintiff’s medical treatment, such as a description of the “treatment plan” that was developed or the names of individuals who were personally involved in treating Plaintiff.
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Section 1983 permits claims against officials who create and implement a policy that causes a constitutional violation, even if they do not directly carry out the violation.

Churnovic v. Silver Cross Hospital and Medical Center · filed 2021-04-12

Because the complaint here alleges that the DCFS Defendants created and implemented the per se medical neglect policy despite knowing that it would cause DCFS investigations without reasonable suspicion, they are proper defendants here.
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Section 1983 requires allegations that each individual defendant was personally involved in the deprivation of a constitutional right.

Bonds v. Big Muddy River Correctional Center · filed 2021-04-12

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

Myers v. Campbell County Detention Center · filed 2021-04-12

Personal liability in an action brought pursuant to 42 U.S.C. § 1983 hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights.
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Section 1983 requires allegations that the defendant’s conduct caused the claimed deprivation.

Gioiosa v. Walsh · filed 2021-04-12

Plaintiff fails to allege that Walsh engaged in any conduct that caused Plaintiff to not receive the interest he was owed.
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Section 1983 permits damages against a defendant only if the defendant was personally responsible for depriving someone of a constitutional right.

Smith v. Jensen · filed 2021-04-13

Under §1983, a defendant will be liable for damages only if he was personally responsible for the deprivation of a constitutional right.
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Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) McCoy v. Massey · filed 2021-04-13

Under Section 1983, a plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.
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Section 1983 requires a plaintiff to show how each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Wolinski v. Lewis · filed 2021-04-13

Here, plaintiff has not provided sufficient factual matter to permit evaluation whether the incidents at issue support any claim(s) for relief under § 1983 against any particular defendant. ... Under Section 1983, a plaintiff must demonstrate how each defendant personally participated in the deprivation of his rights.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.

Spruill, as legal guardian and next friend of "D.N.S.," a minor v. Board of Education of the City of Chicago · filed 2021-04-13

As to Assistant Principal Morrison, the complaint fails to state a claim because it does not allege any involvement on his part.
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A § 1983 complaint must allege what each defendant did to violate the plaintiff’s rights; naming defendants without allegations against them is insufficient.

Partridge v. Dzurenda · filed 2021-04-13

Here, Plaintiff identifies six named defendants and two Doe defendants in the caption of the FAC, yet Plaintiff does not provide any allegations against these individuals in his FAC.
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Section 1983 requires a plaintiff to allege each defendant’s personal participation in a constitutional violation; employment or supervisory status alone is insufficient.

Courtney v. Clark · filed 2021-04-13

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim. Plaintiff must go further and state how each named defendant’s personal participation violated his constitutional rights by making clear who is alleged to have done what to whom.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; receiving or responding to grievances alone does not establish it.

Boskie v. Thomas · filed 2021-04-13

The Court must dismiss these Defendants as their involvement is limited to receiving or responding to grievances, and thus Plaintiff has failed to allege their personal involvement in his Eighth Amendment claims.
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A § 1983 claim against an individual defendant requires specific facts showing that defendant’s involvement in the alleged deprivation of federal rights.

Whitener v. State of Tennessee · filed 2021-04-13

The Court has explicitly advised Plaintiff on more than one occasion that he needed to supply factual details of the wrongdoing of each Defendant, but instead, he has offered merely conclusory allegations that are insufficient to state a claim against any additional Defendant.
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Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation before that defendant can be liable.

(PC) Von Villas v. Altschuler · filed 2021-04-14

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

Cruz v. Naqvi · filed 2021-04-14

“It is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)).
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Section 1983 requires facts plausibly showing each defendant’s personal involvement in the alleged violation of federal rights.

Ramsey v. Kidd · filed 2021-04-14

Further, while Plaintiff has named a number of jail officials as Defendants in this action, he does not set forth any facts from which the Court can plausibly infer that any of these Defendants were personally involved in any alleged violation of his constitutional rights such that they may be liable for any such violation under § 1983.
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Section 1983 requires facts showing each defendant’s personal knowledge of and involvement in the alleged rights violation.

Hill v. Richmond Justice Center · filed 2021-04-15

As Plaintiff was instructed in the December 16, 2020 Order, each named defendant in a § 1983 complaint must have had personal knowledge of and involvement in the alleged violations of plaintiff’s constitutional rights for the action to proceed against that defendant.
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Section 1983 requires a plaintiff to allege that each individual defendant personally caused or participated in a constitutional deprivation.

Jones, Leroy v. Foster, Brian · filed 2021-04-15

Important here, to demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.
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Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory status alone does not establish liability.

Burton v. WETZEL · filed 2021-04-15

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. Thus, respondeat superior cannot form the basis of liability.
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Section 1983 requires a defendant’s personal involvement for damages; a supervisor’s place in the chain of command alone does not establish liability.

Cijka v. Baker · filed 2021-04-16

Similarly, because Plaintiff did not allege Defendants’ personal involvement as supervisors or their gross negligence in supervising subordinates who were involved in the allegedly unconstitutional conduct, the court agrees with the Magistrate Judge’s determination that mere “linkage in the . . . chain of command” is insufficient to plausibly state a claim for relief.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.

(PC) Hill v. Kernan · filed 2021-04-16

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 requires facts showing that a defendant personally participated in the alleged deprivation of a federal constitutional right.

(PC) Chinsami v. Lozano · filed 2021-04-16

In his complaint, plaintiff does not allege any facts showing that Warden Lozano personally participated in depriving plaintiff of his rights.
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Section 1983 requires a defendant to have caused or participated in the constitutional violation.

Holland v. Benzing · filed 2021-04-16

Section 1983 creates a cause of action based on personal liability and predicated upon fault. ... Plaintiff has omitted all reference to the defendants in the body of his First Amended Complaint. Therefore, he has failed to state a claim against any of them.
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Granderson v. California Corrections Rehabilitations · filed 2021-04-19

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 liability requires a showing that the defendant was personally involved in the alleged unconstitutional conduct.

Armstrong v. Mahoning County Justice Center · filed 2021-04-19

However, the Complaint does not include any allegations against the Sheriff personally. 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.
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Section 1983 requires facts showing each defendant’s direct personal involvement in the alleged constitutional deprivation.

Seabrook v. Janssen Pharmaceuticals Inc. · filed 2021-04-19

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

Alexander v. Collins · filed 2021-04-20

Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.
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A Section 1983 complaint must explain how each defendant was responsible for the plaintiff’s injuries, including when the defendants are identified as Does.

(PC) Virgil v. CDCR · filed 2021-04-20

At no point in the complaint does plaintiff differentiate between these various defendants by describing what actions each is alleged to have taken or failed to take. As such, he has failed to state a cognizable claim against any of the defendants.
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A Section 1983 claim against a state official in her individual capacity survives a personal involvement challenge when the complaint alleges the official’s own conduct and resulting harm.

Robinson v. Coleman · filed 2021-04-20

As the Magistrate Judge explained, Robinson did allege how Coleman was “personally involved” in the alleged misconduct, and he alleged how her alleged lies damaged him: he claims that she lied when she said that he had displayed aggressive behavior during their meeting, and he says that that lie led to a charge that he had violated his probation.
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Section 1983 requires allegations that an official was personally involved in the constitutional violation; supervisory rank alone is insufficient.

Snow v. NYS DOCCS Commissioner · filed 2021-04-20

As an initial matter, Plaintiff has not established Annucci’s personal involvement in any constitutional violation. To establish liability against an official under § 1983, a plaintiff must allege that individual’s personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.
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Section 1983 requires a defendant’s personal involvement; reviewing a prisoner’s grievance or appeal alone is insufficient to establish liability.

CONCEPCION v. RUSSELL · filed 2021-04-20

However, high-level officials’ review of a prisoner’s grievance or appeal, without more, is not sufficient personal involvement for liability under § 1983.
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Section 1983 requires a plaintiff to show that an official defendant personally acted to deprive the plaintiff of a right.

Obataiye v. Virginia Department of Corrections · filed 2021-04-21

In order to survive summary judgment for a claim under 42 U.S.C. § 1983, a plaintiff must “affirmatively show[] that the official charged acted personally in the deprivation of the plaintiff's rights.” Wright v. Collins, 766 F.2d 841, 850 (4th Cir. 1985) (quoting Vinnedge v. Gibbs, 550 F.2d 926, 928 (4th Cir. 1977)).
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Section 1983 requires allegations that each defendant was personally involved in the alleged constitutional violation; naming officials in the complaint alone is insufficient.

Russell v. Stanford · filed 2021-04-21

It is well settled that "personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983." Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)); Iqbal, 556 U.S. at 676. ... In the absence of factual allegations sufficient to plausibly suggest that Defendants were personally involved in conduct that violated Plaintiff's constitutional rights, the Complaint fails to state a cognizable claim against Defendants.
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Section 1983 requires proof that an official was personally involved in the unconstitutional conduct for which the plaintiff seeks to hold the official liable.

Settle v. Parris · filed 2021-04-21

Proof of personal involvement is required for an official to be held liable under § 1983.
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Section 1983 requires a basis for holding an officer personally or as a supervisor responsible for the alleged deprivation.

Bonilla v. California Highway Patrol · filed 2021-04-22

There is no evidence in the record which raises a genuine issue of material fact as to the issue of whether McKenzie personally participated in the impoundment of the Truck and Flatbed. Nor is there any evidence which raises a genuine issue of material fact as to the issue of whether McKenzie had supervisory authority over anyone involved in the impoundment. ... McKenzie is therefore entitled to summary judgment as to the portion of Count IV based on the impoundment of the Truck and Flatbed.
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A § 1983 claim against a prison official must allege facts showing the official knew of an ongoing violation and failed to prevent it.

(PC) Adkins v. Hurtado · filed 2021-04-22

There is no allegation that Hurtado was put on notice as to the existence of a racial imbalance in PLU hours and failed to investigate it. Finally, there is no allegation that Hurtado was responsible for the expiration of plaintiff’s PLU status in August. If this action is to proceed, plaintiff must allege facts that, taken as true, show that Hurtado knew of an ongoing violation and did not act to prevent it.
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Section 1983 requires a plaintiff to identify defendants who personally participated in a substantial way in the alleged deprivation of a federal constitutional right.

(PC)Payne v. Lim · filed 2021-04-22

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.
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Section 1983 requires a plaintiff to show that an individual defendant was personally responsible for the deprivation of the plaintiff’s rights.

Hollingsworth v. Josie · filed 2021-04-22

Second, Plaintiff must “show that the defendants were personally responsible for the deprivation of their rights” in order to hold an individual liable under Section 1983, Wilson v. Warren Cty., Illinois, 2016 WL 3878215, at *3 (7th Cir. 2016).
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation.

Noland v. Shane · filed 2021-04-22

Personal involvement in a constitutional deprivation is required when bringing a Section 1983 claim.
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Section 1983 requires a defendant sued in an individual capacity to be personally involved in the alleged constitutional violation; supervisory status alone is insufficient.

EWING v. THE CITY OF PHILADELPHIA · filed 2021-04-22

Without a showing that Individual Defendants were personally involved in the decision-making or in the events that led to Plaintiff’s purported injuries, no claim against them under Section 1983 can survive.
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A supervisor who receives grievances about an ongoing violation that the supervisor can remedy may be personally involved for purposes of § 1983.

Wilkins v. Wolf · filed 2021-04-22

Thus, the Court declines to dismiss Plaintiff’s claims against these Defendants on the basis that they lacked personal involvement.
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the rights violation; supervisory status alone does not establish liability.

Sturdivant v. Rivera-Ithier · filed 2021-04-22

Although the complaint contains allegations regarding Sawchak, the complaint does not adequately allege the personal involvement of the named defendants, a necessary requirement for a 42 U.S.C. § 1983 claim.
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Section 1983 requires allegations connecting each defendant to conduct that deprived the plaintiff of a federal right.

Engel v. Hillsboro Police Dept · filed 2021-04-23

Plaintiff does not connect any named defendant with any specific allegation, and he does not allege, with any specificity, that the defendants did anything to violate Plaintiff’s rights. ... Plaintiff’s allegations are not enough to state a claim for § 1983 liability.
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Section 1983 requires allegations that the defendant’s own conduct caused or contributed to the rights violation; vicarious liability alone is insufficient.

Silva v. Sanders · filed 2021-04-26

Further, a § 1983 suit cannot be based on vicarious liability alone, but must allege the defendant’s own conduct violated the plaintiff’s civil rights.
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Section 1983 requires a plaintiff to allege how each named defendant was involved in the claimed violation of the plaintiff’s rights.

(PC) Miller v. Alameda · filed 2021-04-26

The complaint does not allege how any of these defendants are responsible for violations of plaintiff’s rights. I therefore find that the complaint does not state a cognizable claim.
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Section 1983 requires a supervisory official to be personally involved in the alleged constitutional violation.

Muniz v. Cook · filed 2021-04-26

As the plaintiff does not allege that either defendant was involved in the administrative segregation hearing, neither is responsible for any alleged denial of due process at that hearing.
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Section 1983 requires allegations connecting each defendant to the claimed deprivation; naming a defendant only in the caption is insufficient.

Bowie v. Warden · filed 2021-04-26

Additionally, Plaintiff fails to state a claim against the Warden of Vienna Correctional Center who is not mentioned in the statement of claim.
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Section 1983 requires allegations that each defendant was personally involved in the constitutional deprivation.

Plummer v. McDonald · filed 2021-04-26

Because Plaintiff failed to allege specific acts of wrongdoing by the Defendants, the personal involvement requirement necessary for § 1983 liability is not met and he fails to state a claim.
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Section 1983 requires an individual-capacity plaintiff to allege facts connecting each defendant’s conduct to the alleged deprivation of federally protected rights.

Stevenson v. Drury · filed 2021-04-26

Thus, in order to state an individual capacity claim against each defendant, plaintiff must set forth specific factual allegations showing what that particular defendant actually did, or failed to do, that violated the plaintiff’s federally protected rights. Here, plaintiff has failed to plead specific facts establishing an actual link or connection between the named defendants and the alleged constitutional violations.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; signing a criminal complaint or arrest report alone does not establish it.

Cruz v. City of New York · filed 2021-04-26

Mr. Cruz has not pleaded any facts to suggest that either Sergeant Flaherty or SSA Todaro was personally involved in the alleged constitutional tort.
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Section 1983 permits a claim against an officer when the complaint plausibly identifies him as the person who used force and caused the plaintiff’s injury.

Vazquez-Curet v. Colonie Police Department of Albany NY · filed 2021-04-26

At this stage, accepting as true all plausible asserted facts, and construing them in the light most favorable to Vazquez-Curet, the allegations in the complaint demonstrate liability arising from actions taken by Berkery.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation for individual liability.

Doran v. The State Of New York · filed 2021-04-26

Under section 1983 an individual may only be held liable if he or she “is personally involved in the alleged deprivation.” ... Moreover, all claims against Meyer will be dismissed for lack of personal involvement.
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Section 1983 permits liability only for a defendant’s own actions, so a complaint must allege each defendant’s personal involvement.

Flatt v. Stout · filed 2021-04-26

First, Plaintiff’s complaint does not indicate which Defendant shot the taser, or that any other Defendant(s) were personally involved in the decision to use the taser, and each Defendant can be liable under § 1983 only for his own actions.
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Section 1983 requires allegations that each defendant personally participated in or caused the unconstitutional conduct.

Over v. Waupun Correctional Institution · filed 2021-04-27

The plaintiff instead must allege how each defendant “personally participated in or caused the unconstitutional actions.”
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Henry v. The City of New York · filed 2021-04-27

“It is well settled in this circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite” for liability pursuant to Section 1983. ... Accordingly, the plaintiff has not alleged sufficient personal involvement of Lieutenant Hernandez and therefore, the Section 1983 claims against Lieutenant Hernandez should be dismissed.
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Notes 75751–75900 of 89,157, oldest cases first.

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