42 U.S.C. § 1983

Section 1983 requires a plaintiff to plead each government official’s own actions; supervisory status alone does not establish liability.

Escamilla v. Belin · filed 2021-07-22

Furthermore, vicarious liability is inapplicable to § 1983 suits, so a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.

Section 1983 requires a defendant’s personal involvement in the alleged violation; receiving grievances alone does not establish it.

Coke v. New York State Department of Corrections & Community Supervision Medical Services Department · filed 2021-07-22

Moreover, to the extent that Plaintiff’s claim against McKoy and Mallozzi is based on grievances that he submitted to them (4AC pp. 77, 94), this, too, is an insufficient basis to establish personal involvement.

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

(PC) Hampton v. Austin · filed 2021-07-23

Plaintiff’s complaint otherwise fails to establish a causal link between any other named defendant and the alleged Eighth Amendment violation related to safety. To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.

Section 1983 requires allegations that identify each defendant’s personal involvement in the claimed constitutional violation.

Carr v. True · filed 2021-07-23

Here, Plaintiff’s proposed allegations do not adequately state a section 1983 claim because it is unclear which Defendants have personally violated Plaintiff’s constitutional rights.

Section 1983 does not impose personal liability on an official solely for failing to check whether others followed her instructions to provide medical and mental health care.

Gennoe v. Washburn · filed 2021-07-23

The court finds that the plaintiff’s allegations, construed as true and viewed in the light most favorable to the plaintiff, do not establish liability on the part of Sheena Pickett under § 1983 based solely on her failure to follow up to make sure that her instructions that the plaintiff be taken for medical and mental health treatment were properly executed.

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

(PC) Israel v. Carter · filed 2021-07-26

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

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

Rubio v. Allison · filed 2021-07-26

There can be no liability under section 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

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

Harris v. Doe · filed 2021-07-26

Moreover, for a defendant to be liable under Section 1983, she must be personally responsible for the alleged deprivation of the plaintiff’s constitutional rights. ... The Court therefore grants defendants’ motion to dismiss plaintiff’s claims against defendant Reiger without prejudice.

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

Collington v. Calvert County · filed 2021-07-26

Plaintiff’s Fourth Amendment claim based on the September 2017 detention is dismissed as to the other Law Enforcement Defendants because, while Plaintiff specifically alleged the involvement of Defendant Harms and John Doe officer and deputy defendants in his September 2017 detention, Plaintiff has not alleged that any of the other Defendants were involved in the allegedly unjustified detention.

Section 1983 requires each individual defendant’s own actions to be tied to a constitutional violation; vicarious liability alone is insufficient.

Judah v. Ovsak · filed 2021-07-26

“Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... At this early stage, Judah has adequately alleged Rose’s personal involvement in a constitutional violation.

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

Lesane v. Doe 1 · filed 2021-07-26

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

Section 1983 requires more than an official’s failure to respond to correspondence to state a claim.

Harris v. Ohio Adult Parole Authority · filed 2021-07-26

Thus, § 1983 requires more than just a failure to respond to correspondence.

Section 1983 requires facts connecting each defendant to the alleged deprivation; a general allegation of deliberate indifference is insufficient.

Smith v. Sanne · filed 2021-07-26

Smith, however, fails to allege facts giving rise to a reasonable inference that any of the remaining defendants were involved in his care following the use of force incident. Indeed, to the extent Smith seeks to challenge the deliberate indifference of the remaining defendants generally, such a claim cannot be sustained under section 1983.

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

ALBURG v. JONES · filed 2021-07-26

As a threshold matter, a defendant in a civil rights action “must have personal involvement” for § 1983 liability. ... No allegation is made as to Commissioner Evanchick’s role in the events of the complaint, or even his awareness of those events.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; a supervisor may be liable for participating in or facilitating it.

B.B. v. Perez · filed 2021-07-27

To establish lability under 42 U.S.C. 1983, a plaintiff must demonstrate the personal involvement of the defendant in the constitutional violation. ... On the evidence presented, a reasonable jury could find that Rodriguez, Smith, and Hancock were each personally involved in the alleged Fourth Amendment violations because they participated in, facilitated, approved, condoned, or turned a blind eye to the conduct “for fear of what they might see.” Jd. at 696 n.88 (citations omitted).

Section 1983 does not make nurses or correctional officers liable for a nurse practitioner’s decision to deny medical accommodations.

Steinke v. Aguilera · filed 2021-07-27

These individuals are not responsible for an NP’s decision to deny the medical accommodations he wanted.

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

(PC) O'Brien v. Diaz · filed 2021-07-27

Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff’s rights.

A § 1983 plaintiff must plausibly allege a connection between a defendant’s actions and the injury claimed.

Edwards v. Shakiba · filed 2021-07-27

He makes no allegations that Scharr or Brown had anything to do with his accident or was present when the accident occurred. Id. Accordingly, Edwards has failed to state a § 1983 claim upon which relief can be granted.

A Section 1983 plaintiff must link each defendant to a specific act or omission that allegedly violated the plaintiff’s rights.

Witczak v. Lozano · filed 2021-07-27

These claims of poisoning, assault, and harassment fail to specifically link any defendant to a specific action or inaction.

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

Vinluan v. Ardsley Union Free School District · filed 2021-07-27

Because personal involvement must be plead to sustain a Section 1983 claim, the Court dismisses this cause of action against the other individual Defendants.

Section 1983 requires a defendant’s personal involvement in the alleged violation; a supervisor may be liable for participating in or knowingly acquiescing to a subordinate’s violation.

JACKSON v. O'BRIEN · filed 2021-07-27

A defendant in a § 1983 action “must have personal involvement in the alleged wrongs to be liable and cannot be held responsible for a constitutional violation which he or she neither participated in nor approved.”

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

(PC) Haynes v. Orel · filed 2021-07-28

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

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

Shelton v. Payne · filed 2021-07-28

Further, a plaintiff 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.

Section 1983 requires a plaintiff to allege specific conduct by each defendant that violated the plaintiff’s rights.

Bailey 730664 v. Bailey · filed 2021-07-28

Where a person is named as a defendant without an allegation of specific conduct, the complaint is subject to dismissal, even under the liberal construction afforded to pro se complaints. ... Plaintiff has failed to allege that any particular Defendant engaged in specific conduct. Plaintiff’s references to “named Defendants” fail to sufficiently attribute the conduct to any Defendant much less demonstrate that the conduct violated the Constitution.

Section 1983 limits liability to individuals whose conduct caused the alleged violation of rights.

(PC) Davis v. County of Sacramento · filed 2021-07-29

Liability under § 1983 is limited to the individual persons who actually caused the violation of plaintiff’s rights.

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

(PC)Wells v. Newsom · filed 2021-07-29

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.

An individual defendant is liable under § 1983 only if the defendant caused or participated in the constitutional deprivation.

KNIGHTEN v. BYRD · filed 2021-07-29

“Under any theory, to be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.” ... There is simply no evidence to support the claim that the defendants were responsible for medical staff's delayed response or that they believed that an emergency signal was necessary.

A § 1983 complaint must allege specific facts describing each defendant’s allegedly unconstitutional acts.

Harris-Albano (ID 121174) v. Topeka Correctional Facility · filed 2021-07-29

In addition, the second amended complaint fails to allege specific facts that describe individual defendants’ allegedly unconstitutional acts, including dates, locations, and circumstances.

Section 1983 requires evidence that a defendant was personally involved in the alleged wrong.

SIMMS v. FERGUSON · filed 2021-07-29

And, while Golden and Ferguson are charged with doing nothing to alleviate Plaintiff's discomforts, there is no evidence whatsoever that they were personally involved in his placement in the so-called sensory deprivation cell in the RHU or in denying him his shower and exercise privileges.

Section 1983 requires a causal connection between an officer’s conduct and the plaintiff’s injury; mere presence during another official’s medical assessment is insufficient.

Barcelona v. Sergeant Parish · filed 2021-07-30

Barcelona would have to show a causal connection between Officer Wilson’s mere presence in the same room as Nurse Chunnu and his injury. But as ... we have explained, there is no causal connection between Nurse Chunnu’s conduct and his injury, and we have found no authority to support a claim against a nearby prison official when it is doubtful that he had reason to second-guess a medical professional’s assessment or authority to override her medical judgment.

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

(PC) McCoy v. Sacramento Jail Mental Health Services · filed 2021-07-30

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

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

Holmes v. Kraker · filed 2021-07-30

To establish a defendant’s liability in a civil rights action, a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing.

Individual liability under § 1983 requires an action by the defendant that supports personal liability.

James v. The Cleveland School District · filed 2021-07-30

By failing to respond to the Board Defendants’ summary judgment motion, James has made absolutely no attempt to identify an individual action taken by any of the Board Defendants which would support individual § 1983 liability. And the Court sees no such action in the record. Accordingly, her claims brought against the Board Defendants fail.

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

Harris v. Gentile · filed 2021-07-30

Without personal involvement in Plaintiff’s arrest or any search or seizure, Defendant Grant Gentile cannot be liable on Plaintiff’s Fourth Amendment claims.

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

Rose v. The State of New York · filed 2021-07-30

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

Section 1983 requires personal participation in the deprivation of rights; an officer is not liable for a later prolonged impoundment in which she was not involved.

Untalan v. Stanley · filed 2021-08-02

“[F]or a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation.” ... Untalan has not shown or raised a genuine issue that Trinidad was involved in the subsequent prolonged impoundment.

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

Garofalo v. Sheehan · filed 2021-08-02

But on the specific facts of this case, where the Defendants only requested that the forfeiture proceedings be considered and initiated, and thereafter had no role in that process, the personal involvement requirement of a §1983 claim is not satisfied.

Section 1983 requires a defendant’s personal involvement in the wrongful conduct.

Staats v. Commissioner Perry Phelps · filed 2021-08-02

Liability in a 42 U.S.C. § 1983 action is personal in nature; to be liable, a defendant must have been personally involved in the wrongful conduct.

Section 1983 requires facts connecting a defendant’s conduct to the alleged deprivation of rights.

Quinlivan v. Carlin · filed 2021-08-02

Plaintiff’s mental health treatment claims are also implausible. Plaintiff has not named any medical or mental health care provider as a defendant, nor has he alleged that any Defendant interfered with a request for mental health treatment.

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

Obazuaye v. Department of Human Services · filed 2021-08-02

Plaintiff has not alleged personal involvement on the part of any of the Individual Defendants and any claims based on § 1983 are dismissed.

Section 1983’s personal involvement requirement can be satisfied when prison officials know medical staff are failing to treat a prisoner, even if the officials do not provide the care themselves.

Hernandez v. The Illinois Department of Corrections · filed 2021-08-02

Section 1983 makes public employees liable “for their own misdeeds but not for anyone else’s.” ... Based on this evidence, the Court finds that the personal involvement requirement is satisfied.

Section 1983 requires a defendant to be personally responsible for a constitutional violation.

Steele v. Griffin · filed 2021-08-02

Liability under § 1983 must be based on personal responsibility for a constitutional violation, Matthews v. City of E. St. Louis, 675 F.3d 703, 708 (7th Cir. 2012), and the defendants other than Ms. Farmer bear no such personal responsibility.

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

Maldonado v. Gunsett · filed 2021-08-02

In a section 1983 action, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

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

Herbert v. Ginty · filed 2021-08-02

Further, he does not specify the extent of each Defendant’s involvement in these alleged attacks. See Kellier v. Billups, No. 21-CV-03921, 2021 WL 2435556, at *5 (S.D.N.Y. June 14, 2021) (“To state a claim under section 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.”).

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

(PC) Rodriguez v. Solano State Prison · filed 2021-08-03

As plaintiff has not identified which defendants were involved in this claim and how they participated in depriving plaintiff of his constitutional rights, plaintiff has not alleged facts sufficient to state this claim under § 1983.

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

(PC) Owens v. Jenkins · filed 2021-08-03

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

Section 1983 requires a plaintiff seeking individual liability to allege each defendant's personal involvement in the constitutional violation.

COOK v. ZATECKY · filed 2021-08-03

Because § 1983 liability is based on personal involvement, the second amended complaint must allege conduct by each individual sued, briefly describing the conduct and how it violated Mr. Cook's constitutional rights.

Section 1983 requires an individual defendant’s direct personal participation in the alleged constitutional violation.

Lewis v. Kansas, State of · filed 2021-08-03

Plaintiff has failed to allege how any individual personally participated in the deprivation of his constitutional rights. An essential element of a civil rights claim against an individual is that person’s direct personal participation in the acts or inactions upon which the complaint is based.

Section 1983 requires a plaintiff suing an officer individually to allege that officer’s personal involvement in the violation.

Catlett v. Washington · filed 2021-08-03

In order to state a claim against individual officers under both 42 U.S.C. § 1983 and the RLUIPA, a plaintiff must allege facts in the complaint, taken as true, which demonstrate the personal involvement of each individual defendant in the alleged violation.

Section 1983 requires allegations that an identified official was personally involved in the constitutional violation.

Fletcher v. Curry County Detention Center · filed 2021-08-03

In the absence of any allegations of personal involvement by an identified official in the alleged constitutional violation, the Complaint is insufficient to state a claim under § 1983.

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

James v. Annuci · filed 2021-08-03

Plaintiff offers no facts to plausibly suggest that Piccolo was personally aware of those circumstances and ignored them with the requisite mindset.

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

(PC) Gonzalez v. Newsom · filed 2021-08-04

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 has, despite numerous attempts at amending the complaint and despite being represented by counsel, failed to allege a causal connection between Defendants Newsom, Bales, or Grinde and the constitutional violations about which he complains.

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

(PC) Gleason v. Lynch · filed 2021-08-04

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

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

(PC) Jackson v. Pickett · filed 2021-08-04

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

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

(PC) Gore v. Newsom · filed 2021-08-04

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

Section 1983 requires allegations showing each defendant’s personal involvement in or responsibility for a constitutional deprivation.

Carnell v. Sherriff · filed 2021-08-04

To state a claim under both standards pursuant to Bivens or 42 U.S.C. § 1983, Plaintiff must set forth allegations demonstrating each defendant’s personal involvement in or responsibility for a constitutional deprivation.

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

Van Pelt v. Kranawetter · filed 2021-08-04

He also cannot show that Kranawetter packed his property box and was personally responsible for depriving him of his constitutional right to practice his religion.

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

STONE v. BROWN · filed 2021-08-04

First, specific to claims brought under 42 U.S.C. § 1983, the plaintiff must allege personal liability of the defendant.

Section 1983 requires allegations connecting a defendant’s conduct to the claimed constitutional violation.

DiDomenico v. Superintendent · filed 2021-08-04

Moreover, although the Clinton C.F. Superintendent is listed as a defendant in the Complaint, see Compl. at 2, there are no allegations in the body of the pleading that describe any ... of his conduct or how he is responsible for any alleged constitutional violation.

Section 1983 requires a plaintiff to allege a connection between each named defendant’s actions and the claimed deprivation.

(PC) Latu v. Mc Fadden · filed 2021-08-05

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

Section 1983 does not impose vicarious liability for another person's treatment; the defendant must be personally involved in the challenged conduct.

McCullough, Sr. v. Dennison · filed 2021-08-05

However, Wilke cannot be held vicariously liable for the treatment or lack of treatment of others and there is no evidence that he was personally involved in any treatment or scheduling decisions.

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

Combs v. Fields · filed 2021-08-05

Moreover, personal liability in a civil rights action brought under 42 U.S.C. § 1983 hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights.

A § 1983 plaintiff must allege a federal-rights deprivation caused by a person acting under color of law and connect the named defendant to the challenged conduct.

Frazier v. Kisor · filed 2021-08-05

To state a federal civil rights claim, the plaintiff must allege that: (1) he was deprived of a right, privilege, or immunity secured by the federal Constitution or laws of the United States; and (2) the deprivation was caused by a person acting under color of state or federal law. ... Moreover, Frazier did not connect the confiscation of his typewriter to any of the named defendants in this action.

Section 1983 requires direct or integral participation in an alleged use of excessive force to support individual liability.

Finicum v. United States of America · filed 2021-08-05

Judge Sullivan concluded that the alleged conduct “falls well below the standard required for ‘integral participation’ in a § 1983 excessive force claim.” Jd. at 43. ... These objections are unpersuasive, and I agree with Judge Sullivan. I DISMISS the § 1983 excessive- force claim against Governor Brown.

Section 1983 requires a causal connection between a particular defendant’s conduct and the injury alleged by the plaintiff.

Wolfe v. Rynolds · filed 2021-08-05

Further, to assert a plausible § 1983 claim against any particular state actor, a “causal connection” must exist between the conduct alleged by the plaintiff and the particular defendant named in the suit.

Section 1983 requires facts connecting each defendant to the alleged violation of federal rights.

Lindh v. Moon · filed 2021-08-06

In fact, Lindh does not allege any facts at all about what Barrett allegedly did in this case to violate his constitutional rights—Lindh only mentions that Barrett was an individual he had sued before.

Section 1983 makes a defendant liable only if that defendant caused or participated in the alleged violation.

Lewis v. Cable · filed 2021-08-06

Under §1983, only those who cause or participate in an alleged violation are liable.

Section 1983 does not make a warden liable solely for affirming a complaint examiner’s decision; liability requires causing or participating in the violation.

Wren v. Doe · filed 2021-08-06

Finally, Wren fails to state a claim against Warden Chris Buesgen based on his allegations that he affirmed the decision of the complaint examiner.

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

(PC)Allen v. Sacramento County Jail Medical Staff · filed 2021-08-06

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

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

Adams v. Whitehair · filed 2021-08-06

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

Section 1983 requires a defendant’s personal involvement in the conduct alleged to have violated the plaintiff’s rights.

Wilson v. Mattson · filed 2021-08-06

Because Wilson has not raised a genuine issue of material fact to show that Summit is responsible or involved in the decision process for approval or denial of Wilson’s Kosher diet requests, Summit is entitled to summary judgment in its favor.

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

(PC) Duque v. Millis · filed 2021-08-09

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

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

(PC) Gunn v. Garcia · filed 2021-08-09

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.

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

(PC) Foust v. California Medical Facility · filed 2021-08-09

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

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

(PC) Kyle v. Covello · filed 2021-08-09

As a minimum, 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 has not alleged any facts to suggest how Defendants acted to cause or contribute to a violation of Plaintiff’s First Amendment rights.

Section 1983 requires facts linking each defendant’s own conduct to the alleged rights violation; collective allegations do not establish individual liability.

Warren v. Parsons · filed 2021-08-09

This pleading strategy does not suffice to establish individual liability in a civil rights action, however. In a § 1983 suit, “each Government official, his or her title notwithstanding, is only liable for his or her own misconduct.”

Section 1983 requires a plaintiff seeking damages from an official individually to show that official’s personal involvement in the alleged constitutional violation.

Burton v. Salerno · filed 2021-08-09

A plaintiff seeking to recover money damages under section 1983 from a defendant in his or her individual capacity must demonstrate “the defendant's personal involvement in the alleged constitutional deprivation.”

Section 1983 requires allegations connecting each defendant’s own actions to the alleged constitutional deprivation.

Stapleton v. Pagano · filed 2021-08-09

Because “a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution,” Iqbal, 556 U.S. at 676, the failure to allege any connection between the Defendants and Plaintiff’s cell conditions fatally undermines Plaintiff’s claims, see Collins v. Fischer, No. 15-CV-103, 2018 WL 1626528, at *8 (S.D.N.Y. Mar. 30, 2018) (dismissing conditions-of-confinement claim where the plaintiff “fail[ed] to identify an individual who is responsible for the conditions of which he complains”).

Section 1983 does not allow a state official to be held liable solely for a subordinate’s conduct; the plaintiff must show the official’s personal involvement.

Muhammad v. Ruby · filed 2021-08-09

Section 1983 does not permit a plaintiff to hold a state official liable under a theory of respondeat superior.

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

Muhammad v. Finn · filed 2021-08-09

Section 1983 does not permit a plaintiff to hold a state official liable under a theory of respondeat superior.

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

Muhammad v. Kelly · filed 2021-08-09

Section 1983 does not permit a plaintiff to hold a state official liable under a theory of respondeat superior.

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

(PS) Hawks v. Town of Paradise · filed 2021-08-10

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

Section 1983 requires a connection between a defendant’s actions and the claimed deprivation; naming an officer without alleging any action by him fails to state a claim.

(PC) Gunn v. Stanton Correctional Facility · filed 2021-08-10

Finally, though plaintiff names Sgt. Scott as a defendant, he does not allege any actions by Scott and therefore fails to state any claims against him.

Section 1983 requires facts linking specific state actors to an alleged deprivation of rights.

McCullom v. Still · filed 2021-08-10

First, none of allegations, even liberally construed, state sufficient facts linked to specific state actors for the Court to discern a cognizable claim under § 1983.

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

Brokaw v. IL Dept of Human Services · filed 2021-08-10

Further, because Plaintiff brings his claims under §1983, he must allege that each defendant was personally involved in the deprivation of a constitutional right.

Section 1983 requires facts connecting an individual defendant personally to the alleged deprivation of rights; a supervisory title and conclusory allegations do not suffice.

Corbitt v. Baltimore Police Department · filed 2021-08-10

With respect to claims brought pursuant to Section 1983, a plaintiff must allege some facts in support of a defendant’s personal connection to the plaintiff’s deprivation of rights. ... Corbitt’s allegations are insufficient to state a claim against Davis and Smith as individuals under Section 1983 in Count V and under Maryland constitutional law as alleged in Count VI.

Section 1983 requires an official defendant’s personal involvement in the violation; merely affirming a disciplinary decision is insufficient.

Wills v. Microgenics Corporation · filed 2021-08-10

These allegations say nothing about the Benadryl violation, and courts in this Circuit have repeatedly held that affirming a disciplinary decision, without more, is not sufficient personal involvement for liability under § 1983.

Section 1983 requires personal involvement in an alleged use of excessive force; an official who was absent from the incident cannot be liable for using that force.

Coleman v. Cuomo · filed 2021-08-10

It is undisputed that Defendant Racette was not present during the search of Plaintiff's cell. ... Therefore, the excessive force claim fails.

Section 1983 claims against supervisors in their individual capacities require facts showing their participation in, direction of, or knowledge of the alleged misconduct.

Bolton v. Paramo · filed 2021-08-11

plaintiff has not alleged sufficient facts to show how defendants participated, directed, or had any knowledge of the allegations in the complaint.

Section 1983 requires a plaintiff to allege facts showing each defendant’s personal involvement in the alleged harm.

Slay v. Brim · filed 2021-08-11

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

Section 1983 requires specific facts showing how each defendant personally participated in the alleged deprivation of rights.

(PC) Shropshire v. D'Agostini · filed 2021-08-12

The complaint does not state an Eighth Amendment claim against any of the other defendants because he has failed to state specific facts indicating what action the remaining defendants took that led to the harm alleged in the complaint.

Section 1983 requires personal fault based on a defendant’s own conduct.

Brown v. Baltimore County Detention Center · filed 2021-08-12

Section 1983 requires a showing of personal fault based upon a defendant's personal conduct.

Section 1983 requires facts showing that each defendant was personally involved in the alleged deprivation of a constitutional right.

Murphy v. Willis · filed 2021-08-13

In order to state a viable claim under Section 1983, Plaintiff must set forth facts ... showing that each defendant was personally involved in the alleged deprivation of a constitutional right.

Section 1983 permits liability when an officer’s affirmative acts effectively cause another officer to inflict a constitutional injury.

Amisi v. Brown · filed 2021-08-16

Together, these facts support the plausible inference that Townsend effectively caused the search of Plaintiff and did not merely passively observe the deprivation of her rights.

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

(PC) Vasquez v. Moghaddam · filed 2021-08-16

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.

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

(PC) Allen v. Sacramento · filed 2021-08-16

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

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

(PC) Jones v. Bal · filed 2021-08-16

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

Section 1983 requires a defendant to be personally involved in the wrongful conduct.

Showell v. Carney · filed 2021-08-16

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.

A Section 1983 excessive force claim against an officer must allege that the officer participated in the incident.

MERCADO v. RAMIREZ · filed 2021-08-16

While an excessive force claim was originally allowed to proceed against Officer Young, see id., in the consolidated complaint Mr. Mercado fails to mention Officer Young as one of the officers that participated in the alleged excessive force incident. Therefore, he has failed to state an excessive force claim against Officer Young, and the claim that was originally allowed to proceed must be dismissed.

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

Barkai v. Ruppert · filed 2021-08-16

Plaintiff does not allege any facts showing how ME Carbonne was personally involved in the events underlying his claims. He appears to seek to hold her liable simply because she is the supervisor of the ME’s Office. But that is not sufficient to state a claim under section 1983.

Section 1983 requires a defendant’s personal involvement in the alleged use of excessive force.

Pedroza v. Panzarella · filed 2021-08-16

Indeed, the record supports the fact that neither officer physically interacted with Plaintiff on July 8, 2016. (Powers Decl. Ex. E ¶ 5; Powers Decl. Ex. F ¶ 1). Accordingly, the Court hereby grants summary judgment with respect to Plaintiff’s excessive force claim against N. Rodriguez and Rogers.

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

(PC) Witkin v. Cook · filed 2021-08-17

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

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

(PC) Brown v. Rodriguez · filed 2021-08-17

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.

A § 1983 complaint must state what each named defendant did to cause the alleged deprivation of constitutional rights.

(PC) Cox v. North Kern State Prison Officials · filed 2021-08-17

Plaintiff’s first amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556 U.S. at 678-79.

Section 1983 requires allegations connecting the claimed constitutional violation to a specific defendant.

Ye v. New Castle County Police Department · filed 2021-08-18

To the extent the Second Amended Complaint alleges that Plaintiff’s due process rights were violated during Family Court proceedings, the claim fails as the allegations are not directed towards a specific defendant.

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

Pitts v. Espinda · filed 2021-08-18

Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation. ... Based on the SAC, Court cannot discern each Defendant’s causal role in an alleged constitutional deprivation.

Section 1983 requires a plaintiff to allege that an identified official was personally involved in the constitutional violation.

Clervrain v. Duran · filed 2021-08-19

Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the constitutional violation; alleging only that the defendant failed to respond to letters is insufficient.

Jackson v. Stanford · filed 2021-08-19

Even applying the Second Circuit’s clarified standard under Tangreti v. Bachmann, Plaintiff fails to “plead and prove the elements of the underlying constitutional violation directly against” Defendant Stanford because he only specifically alleges that Defendant Stanford failed to respond to letters.

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

Jackson v. Gantner · filed 2021-08-20

It is a well-established principle of law that, to be liable, a defendant must be personally responsible for the alleged deprivation.

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

Justich v. Carr · filed 2021-08-20

“Individual liability under § 1983 requires ‘personal involvement in the alleged constitutional deprivation.’”

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

(PC) Hill v. Fields · filed 2021-08-20

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights. ... The allegations in the complaint related to defendant Scriver do not satisfy the linkage requirement.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the violation; a defendant cannot be held liable solely for supervising others.

Rosenthal v. Newsome · filed 2021-08-20

“Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Accordingly, the claims against Defendants Newsome, Case, and Edens are subject to dismissal.

Section 1983 requires a plaintiff to plead how each defendant’s individual actions deprived the plaintiff of a constitutional right.

Perkins v. Trump, Sr. · filed 2021-08-20

However, a plaintiff asserting a violation of his civil rights under § 1983 or through a Bivens action must adequately plead that each Government-official defendant took individual actions to deprive the plaintiff of a constitutional right. ... Because Perkins has not adequately pleaded that Defendants are “liable for the misconduct alleged,” id. at 663, the Court finds that Perkins’s claims are not viable, even if construed as a civil rights action.

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

Bertram v. Briggs · filed 2021-08-20

Bertram’s claims against defendant Briggs consist of little more than assertions of respondeat superior liability. As a matter of law, these assertions do not suffice to state a claim against defendant Briggs.

Section 1983 requires facts showing that each defendant participated in the alleged wrong.

Barrett v. Logan · filed 2021-08-20

A plaintiff in a civil rights case must enunciate a set of facts that illustrate a defendant’s participation in the alleged wrong. ... As a result, he has failed to allege that the defendants participated in the alleged wrong.

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

(PC) Montezello v. Pesce · filed 2021-08-23

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

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

Breton v. Lamont · filed 2021-08-23

First, Breton’s complaint does not adequately allege the personal involvement of either Governor Lamont or Commissioner Quiros.

Section 1983 requires personal responsibility; a prison grievance specialist cannot be held liable for other staff members’ conduct merely because she handled a grievance about it.

Ollins v. Morson · filed 2021-08-23

Liability under 42 U.S.C. § 1983 is based on personal responsibility, and Ms. Morson cannot be held liable for the actions of other prison staff who didn’t follow personal protective equipment policies.

Section 1983 requires a plaintiff suing defendants individually to allege facts showing each defendant’s personal responsibility for the alleged deprivation of rights.

Moore v. Potosi Correctional Center · filed 2021-08-23

Furthermore, Moore has not provided allegations as to what each of the individual defendants did or did not do to harm him. ... If Moore is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (stating that § 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights”).

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

Cochran v. The Commissioner of Dept. of Corrections · filed 2021-08-23

To state a claim under section 1983 against a defendant in an individual capacity, a plaintiff must allege facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires a plaintiff to establish that the defendant personally deprived him of a protected right.

Cooper v. Williams · filed 2021-08-24

In addition, to prevail on any § 1983 claim, the plaintiff must establish that the defendant personally deprived him of his protected rights.

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

(PC) Sierra v. Director of CDCR · filed 2021-08-24

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. ... Claims two and three are dismissed because no defendants are linked to these claims.

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

(PC) Israel v. Giles · filed 2021-08-24

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 claims consistently reference Defendants as a group or, where particular defendants are named, they are named together with the addendum “and others.”

Section 1983 requires a complaint to connect each defendant’s actions to the claimed deprivation of rights.

(PC) Markham v. Prasad · filed 2021-08-24

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

Section 1983 permits a claim against a prison warden who knows of an inmate’s serious medical complaints and fails to investigate or refer them for care.

Degrado v. Carter · filed 2021-08-24

These arguments miss the point, however. Degrado contends that the grievance process shows Hardy knew about Degrado’s complaints alleging a serious deprivation of medical care but did nothing to address them. As discussed above, such knowledge would obligate Hardy to do something, even if only to refer the matter to the HCU. Thus, Hardy’s counterarguments do not address his responsibility to refer or investigate.

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

Santiago v. Bradley · filed 2021-08-24

A defendant that is not personally responsible for any deprivation of an alleged constitutional right cannot be liable under § 1983.

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

Killebrew v. Louisville Metro Department of Corrections · filed 2021-08-24

To state a claim for relief, Plaintiff must show how each Defendant is accountable because the Defendant was personally involved in the acts about which he complains.

Section 1983 requires personal fault based on a defendant’s own conduct.

Conaway v. Watts · filed 2021-08-24

Section 1983 also requires a showing of personal fault based on a defendant’s personal conduct.

Section 1983 requires a plaintiff seeking to hold an official individually liable to show that the official’s own actions caused the alleged constitutional violation.

Young America's Foundation v. Stenger · filed 2021-08-24

It is unclear how this shows personal involvement without relying on the rejected Colon factors, and so, the Court finds that Plaintiffs failed to meet their burden to show that Stenger, Rose, and Pelletier, each through their own individual actions, violated Plaintiffs’ Constitutional rights.

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

Indig v. Village of Pomona · filed 2021-08-24

Therefore, lack of personal involvement serves as an independent basis for dismissal of the Fourth Claim for Relief against Yagel, Ulman, and Harris. See Boley v. Durets, 687 F. App’x 40 (2d Cir. 2017) (“To establish a § 1983 claim, a plaintiff must show the defendants’ personal involvement in the alleged constitutional violation.”).

Section 1983 requires a defendant’s personal involvement in the alleged wrong; liability cannot rest solely on supervisory status.

MCRAE v. PIERSON · filed 2021-08-24

Second, under § 1983, a defendant must be shown to have had personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.

A Section 1983 complaint must link a named defendant to the alleged constitutional violation.

Sherman v. Lake County Jail · filed 2021-08-25

First, the complaint does not specifically link defendant Philip to any of the alleged constitutional violations. ... Because it appears possible that Plaintiff may be able to correct the above deficiencies, the Court DISMISSES the complaint with leave to amend.

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

Williams v. Big Muddy Correctional Center · filed 2021-08-25

Correctional officers Anderton and Clark’s liability under § 1983 is predicated on their personal involvement in the alleged constitutional violation.

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

Carter, III v. Klemm · filed 2021-08-25

Because Carter’s complaint fails to provide any allegations of personal involvement against defendants Klemm and Spyker, the court will dismiss Carter’s claims against these defendants.

Section 1983 requires a plaintiff to identify defendants who personally participated in the alleged deprivation of a federal right.

(PC) McClintock v. Valencia · filed 2021-08-26

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

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

(PC) Parnell v. Wheeler · filed 2021-08-26

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

A Section 1983 damages claim requires the defendant’s personal involvement in the alleged constitutional deprivation.

Jahad v. Holder · filed 2021-08-26

However, none of Plaintiff’s allegations or documents show that Dr. Muthra was present during his surgery or participated in any way before Plaintiff’s knee was bandaged. If Dr. Muthra was not present, his actions could not have contributed to Plaintiff developing an infection. Plaintiff has failed to plead any facts to support his conclusory claim that Dr. Muthra’s inadequate medical care caused his infection. See Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (“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.”) (internal quotations omitted).

A Section 1983 complaint must identify specific actions by the defendants that resulted in identifiable constitutional violations.

Schuylkill County Inmates v. Commissioners of Centre County · filed 2021-08-26

The amended complaint must also establish the existence of specific actions taken by the Defendants which have resulted in identifiable constitutional violations, to the extent Neff intends to bring a civil rights action under 42 U.S.C. § 1983.

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

Pitts v. Harrington · filed 2021-08-27

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

Section 1983 excessive force and failure to intervene claims require personal involvement, but at summary judgment a plaintiff need not identify which officer used force and which failed to intervene.

Gardner v. City of New York · filed 2021-08-27

Although it is “axiomatic that claims under § 1983 for use of excessive force or failure to intervene require personal involvement to trigger liability,” Demosthene v. City of New York, 2020 WL 5988518, at *4 (2d Cir. Oct. 9, 2020), on summary judgment, a plaintiff need not identify who among several defendants used unreasonable force and who failed to intervene.

A Section 1983 complaint must allege each defendant’s direct personal involvement in the claimed constitutional deprivation.

Wood v. Purdue Pharmasutical Company · filed 2021-08-27

The facts alleged could give rise to viable section 1983 claims, but Plaintiff does not name any Defendants who were personally involved in the events underlying the Steuben County claims.

Section 1983 requires a plaintiff to identify the individual defendants responsible for the alleged misconduct; attributing it to staff generally is insufficient.

Whaley v. Campos · filed 2021-08-27

Moreover, Whaley appears to attribute a significant portion of the objectionable conduct described to “TRCI Medical Staff” ... generally, which cannot form the basis of a cognizable claim under Section 1983.

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

Storm v. McGinley · filed 2021-08-27

Individual liability can be imposed under 42 U.S.C. § 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.” ... Because Storm failed to establish the requisite personal involvement of the defendants, the court will grant the motion for summary judgment on this ground.

Section 1983 requires allegations of each defendant’s personal involvement in the violation of a federal right; naming officials as a group is insufficient.

MADER v. UNION TOWNSHIP · filed 2021-08-27

Here, Plaintiffs’ § 1983 claim against the blanket group of “Township Officials” fails for lack of specificity because it leaves Defendants to guess which, if any, Township officials, beyond those specifically identified in the Count, are allegedly involved.

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

(PC) Sierra v. Montejo · filed 2021-08-30

In sum, there can be no § 1983 liability unless there is an adequate link or connection between a defendant’s actions and the claimed deprivation.

A § 1983 claim against a government official must identify how that official’s own actions violated the plaintiff’s constitutional rights.

Lightfeather v. Ricketts · filed 2021-08-30

With the exception of Defendants Young, Hammal [sic], Chalupka, Stinson, and Bower, Plaintiff does not explain how the Defendants’ own individual actions violated the Constitution.

Section 1983 permits damages against a defendant only for a deprivation of rights for which that defendant was personally responsible.

Lee v. Armor Correctional Health Services · filed 2021-08-31

Under §1983, a person is liable for damages only if she was personally responsible for the deprivation of a constitutional right.

Section 1983 requires evidence that an individual defendant personally participated in a constitutional deprivation or caused it through the defendant’s conduct.

Jane Doe 1 v. Manhattan Beach Unified School District · filed 2021-08-31

“An individual defendant is not liable on a civil rights claim unless the facts establish that particular defendant’s personal involvement in some constitutional deprivation or a causal connection between that defendant’s wrongful conduct and the constitutional deprivation the plaintiff alleged.” ... Plaintiff has not linked any action or failure to act to discrimination.

Section 1983 requires a defendant’s personal involvement in a constitutional deprivation; control over access to care and knowledge gained through grievances can satisfy that requirement at the pleading stage.

Henneberg v. Dart · filed 2021-08-31

Section 1983 creates a cause of action based on personal liability and predicated upon fault, meaning that “to be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.” ... At this stage, then, the Court finds that Henneberg has sufficiently alleged Shebel’s personal involvement in denying him adequate medical care.

Section 1983 requires an individual defendant to cause or participate in the alleged constitutional deprivation; a claim based on delayed medical care requires the defendant’s conduct to cause the delay.

EINES v. DINKINS · filed 2021-08-31

Importantly, however, "the plaintiff must show that the defendant's actions or inaction caused the delay in his treatment." ... Neither Sergeant Dinkins nor Officer McGuffey impeded Mr. Eines from accessing medical care.