42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 requires each defendant’s liability to be assessed individually based on that defendant’s own actions.
Lockard v. City of Detroit · filed 2021-08-31
In a §1983 case, “[e]ach defendant's liability must be assessed individually based on his own actions.” Binay v. Bettendorf, 601 F.3d 640, 650 (6th Cir. 2010). There are no specific allegations against Defendant Beasley in the Complaint. Because this Court is unable to draw an inference that Defendant Beasley is liable for any alleged misconduct, Plaintiff’s Fourth Amendment claim against Beasley is dismissed pursuant to Fed. R. Civ. P. 12(c).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in or directly responsible for the alleged harm.
Whitlock v. Payne · filed 2021-08-31
It is important that plaintiff allege facts explaining how each defendant was personally involved in or directly responsible for harming him.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s direct and personal involvement in the alleged constitutional deprivation.
Peralta v. Salcedo · filed 2021-08-31
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires specific allegations of each defendant’s personal involvement in the alleged wrong.
HOUSE v. DOE 1 · filed 2021-08-31
House failed to specifically identify the individuals who allegedly served him the same food for several weeks, provided poorer quality or lesser amounts of food in the kosher meals, caused his meals to be delivered late, or failed to give him a menu. Although House makes numerous allegations, they are not made with the required particularity.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in an alleged constitutional deprivation; a plaintiff cannot impose liability on defendants collectively.
Patton v. Shelby County Sheriff's Dept. · filed 2021-08-31
But a plaintiff cannot bring collective liability claims under § 1983. This is because, to be liable under § 1983, each defendant must be personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s act or omission to the claimed deprivation of federal rights.
(PC) Smith v. Shasta County Jail · filed 2021-09-01
In order to state a claim for relief under section 1983, plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff's federal rights. ... The remainder of the allegations in plaintiff’s complaint are entirely conclusory and deprive defendants of any notice of what specific actions each one took that resulted in the purported constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect a claimed denial of medical care to a particular defendant.
Higgs v. Cherry · filed 2021-09-01
However, he asserts no claim for the denial of medical care against any particular individual, including a named defendant.Read the full opinion on CourtListener →
Individual liability under Section 1983 requires personal involvement in the alleged constitutional deprivation; supervisors are not liable solely for their subordinates’ acts.
Taylor v. Gladieux · filed 2021-09-01
But in order for a defendant to be held individually liable under § 1983, that defendant must have “personal involvement in the alleged constitutional deprivation to support a viable claim.” Palmer v. Marion Cnty., 327 F.3d 588, 594 (7th Cir. 2003).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; being told about a prisoner’s situation does not, by itself, establish liability.
Harris v. Payne · filed 2021-09-01
The court concluded that Mr. Harris’s allegation that Warden Hyatt was “made aware of the situation” many times wasn’t enough to show he was personally involved with Mr. Harris’s placement, ECF 14 at 4, so he couldn’t be held liable under 42 U.S.C. § 1983. Id. ... Mr. Harris’s amended complaint doesn’t fix the issues identified in the initial complaint.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff bringing an individual capacity claim to allege each defendant’s personal participation in violating the plaintiff’s rights.
Brigham v. Corcoran · filed 2021-09-01
For an individual capacity claim to proceed, a plaintiff must allege sufficient personal participation by each defendant to demonstrate that each defendant violated the prisoner’s rights protected under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s personal involvement to the alleged constitutional violation.
Ogbeiwi v. CoreCivic America · filed 2021-09-01
“Section 1983 is an individual liability statute and thus [the plaintiff] bears the burden of ‘specifically link[ing] the officer’s involvement to the constitutional infirmity.’”Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s conduct and the claimed deprivation of rights.
(PC) Townsend v. Ruiz · filed 2021-09-02
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify who committed the alleged violation and what that person did or failed to do.
Houston v. Monterey County Jail · filed 2021-09-02
Finally, Plaintiff’s vague and conclusory allegations of inadequate medical care and poor living conditions are insufficient to state Section 1983 claims. These allegations fail to identify who committed the alleged constitutional violations and what action (or inaction) allegedly violated the federal Constitution.Read the full opinion on CourtListener →
A § 1983 claim requires facts showing a defendant’s personal involvement in the alleged constitutional violation; learning of it through inmate appeals alone is insufficient.
Bradford v. Bracamonte · filed 2021-09-02
The lack of factual allegations against Defendant Gonzalez regarding what actions he took or was required to take once he became aware of the “issues [Plaintiff] raised at the committee hearings,” or in other words what personal involvement he had in causing those violations or failing to prevent them in his capacity as a Salinas Classification Staff Representative, fails to state a claim for the reasons set forth in the Court’s prior Order of dismissal.Read the full opinion on CourtListener →
Individual liability under § 1983 requires factual allegations showing the defendant’s personal involvement in the alleged constitutional deprivation.
MILLER v. REED · filed 2021-09-02
“Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.” Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotes omitted). Because Mr. Miller has made no factual allegations against Judge Reed or Mr. Hampton, all claims against them are dismissed for failure to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a causal link between the defendant’s conduct and the alleged deprivation of rights.
Garner v. Walker · filed 2021-09-02
Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.Read the full opinion on CourtListener →
Section 1983 liability requires a showing that the defendant was personally involved in the alleged unconstitutional conduct.
Taylor v. Ross · filed 2021-09-02
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.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to sufficiently allege a defendant’s personal involvement in the claimed constitutional violation.
McShane v. Morris · filed 2021-09-02
The court also finds that plaintiff fails to sufficiently allege the personal involvement of Sheriff Ken Morris with respect to his constitutional claims as required.Read the full opinion on CourtListener →
Section 1983 requires a defendant to cause or participate in a constitutional violation; handling a grievance about another person's conduct does not itself establish that involvement.
Smith v. Jones · filed 2021-09-03
As in George, neither Jones nor Lewis caused or contributed to a constitutional violation and thus their motions to dismiss will be granted.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting the defendant personally to the alleged violation, including facts showing the defendant knew of the problem and was responsible for it or able to remedy it.
Lewis v. English · filed 2021-09-03
Thus, Lewis must allege facts to suggest English was aware of the problems with the food in the control unit and was somehow responsible for the problem or had the ability to remedy it. Lewis alleges he has written Aramark about the trays, but this is not enough to suggest that English would have received notice of the problem.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory status alone does not establish liability.
ROBERTSON v. BROWN · filed 2021-09-03
The record reveals that defendants Purcell, Snyder, and Stroup were personally involved in either preparing reviews of Robertson's placement, reviewing his classification appeals and grievances, or signing off on such reviews. ... These facts demonstrate sufficient personal involvement for these defendants to be liable for the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each defendant’s alleged conduct with enough detail to state a claim.
Vann v. Fewell · filed 2021-09-03
However, his general claim of retaliation in Count XV fails to state a claim. Plaintiff fails to give specifics of which defendant did what and when. The claim in Count XV fails to provide information which would allow Defendants to respond.Read the full opinion on CourtListener →
Section 1983 does not impose liability for merely denying a grievance or failing to act on information in one.
Burton v. Freibuger · filed 2021-09-03
Moreover, Section 1983 liability may not be imposed simply because an employee denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 allows a retaliation claim to proceed when evidence could show that an officer was sufficiently involved in the challenged action, even if the officer lacked authority to make the final decision.
Rodriguez v. Monroe · filed 2021-09-03
Finally, although Defendants would certainly be able to argue at trial that Defendant Sedlack, a correctional officer, did not possess the authority to influence the transfer decision of Defendant Whitaker, in charge of classification, Plaintiff has adduced admissible record evidence from which a rational fact finder could conclude that Sedlack was sufficiently involved in that decision.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused or participated in the alleged constitutional deprivation.
Gevas v. Dunlop · filed 2021-09-07
And Plaintiffs have not created a reasonable inference that any of the Defendants in this case was personally involved in these events. See Kuhn v. Goodlow, 678 F.3d 552, 556 (7th Cir. 2012) (“An individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation.” (quoting Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983)).Read the full opinion on CourtListener →
Section 1983 requires allegations of each individual defendant’s personal involvement; naming someone in the case caption alone is insufficient.
Barnett v. Westchester County · filed 2021-09-07
Simply naming individuals as defendants and including them in the case caption is insufficient to plausibly allege a Section 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a defendant individually to allege that defendant’s direct personal involvement in the constitutional deprivation.
Almonte v. Karth · filed 2021-09-07
Under no circumstances can Plaintiff show that any of these defendants were personally involved in events arising in Green Haven.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Delgado v. Smith · filed 2021-09-08
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
(PC) Kayik v. Saucedo · filed 2021-09-08
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional violation; responsibility for general facility diets does not establish involvement in an inmate's particular diet.
Monroe v. County of Rockland · filed 2021-09-08
Plaintiff fails to allege any personal involvement by the County Hospital Dietician in crafting plaintiffs particular diet, rather than diets in Rockland County Correctional Facility generally.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Wiltse v. Covello · filed 2021-09-09
With respect to claim 1, there can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant deprived the plaintiff of a federal right; naming someone only to request evidence does not state a claim against that person.
Halford v. Frederick · filed 2021-09-10
Halford’s allegations against McHugh do not amount to a § 1983 claim because the allegations do not suggest that McHugh violated Halford’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a link between a defendant’s conduct and the plaintiff’s alleged deprivation of rights.
Sanney v. Halawa Medical Unit · filed 2021-09-10
Section 1983 requires a connection or link between a defendant’s actions and the plaintiff’s alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires an individual government official’s personal participation in the alleged violation; officials who are not responsible for jail conditions cannot be held liable for them.
Sittre v. Honorable Judge Naftz · filed 2021-09-10
Governmental officials generally are not liable for damages in their individual capacities under § 1983 unless they personally participated in the alleged constitutional violations. ... To the extent Plaintiff complains of the conditions of confinement in the Bannock County Detention Center, she has not sued an appropriate defendant. The judge, the prosecutor, and Plaintiff’s defense attorney in the pending state criminal case do not manage the jail and are not responsible for jail conditions.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation; a supervisory position alone is insufficient.
Solano v. The State of New York · filed 2021-09-10
As the Complaint alleges no facts regarding any action the Warden took in connection with the alleged use of force on November 9, 2017, or the subsequent charges, it fails to allege a plausible § 1983 claim against the Warden.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement for damages; allegations that officials ignored or denied requests for needed medical treatment can satisfy that requirement at the pleading stage.
Bushey v. Morley · filed 2021-09-10
“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.’” ... Here, for similar reasons described in the discussion above regarding the subjective component of Bushey’s claim, the complaint sufficiently alleges personal involvement on part of defendants in that they either ignored or outright denied his requests for a treatment that, accepting Bushey’s allegations as true, would alleviate his debilitating and excruciating pain.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant personally to the alleged constitutional violation.
Wells v. Anderson · filed 2021-09-13
“A plaintiff bringing a civil rights action must prove that the defendant personally participated in or caused the unconstitutional actions.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Mounce v. Burkett · filed 2021-09-14
To the extent Mounce is alleging any Eighth Amendment claim against Nurse Burkett, the claim must fail because Mounce has not produced any evidence that Nurse Burkett was involved in any of the lactulose treatment decisions.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations of a defendant’s personal involvement in the alleged violation; supervisory status alone is insufficient.
West v. Ellis · filed 2021-09-14
Based on the allegations present in the operative pleading, the Court must dismiss Plaintiff’s § 1983 claims against the State Defendants for failing to plausibly suggest the requisite personal involvement.Read the full opinion on CourtListener →
Section 1983 requires individual, personal involvement and does not permit collective liability against an unspecified group of employees.
Jeffries v. Shelby County Department of Corrections · filed 2021-09-14
Furthermore, collective liability -- i.e., when claims are brought against a group of persons -- is not permitted under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires allegations of each defendant’s own actions that caused a deprivation of rights.
Walker v. Arkansas, State of · filed 2021-09-15
As explained above, liability in this § 1983 case is based on an individual’s actions.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Matthew A. Lawrie v. Pfeiffer · filed 2021-09-15
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
DIXON v. MOORE · filed 2021-09-15
Dr. Moore does not fill or distribute medication and relies on nursing staff to follow her orders. Thus, claims based on the theory that Dr. Moore did not ensure that Ms. Dixon received her medication also fail. See, e.g., Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir.) (internal quotation omitted) ("Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation.").Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal involvement in the alleged rights violation; group allegations do not suffice.
GLAESENER v. CITY OF JERSEY CITY · filed 2021-09-15
Therefore, because Plaintiff has alleged the personal involvement of only one Responding Officer, Sergeant Kane, the section 1983 and NJCRA claims against all other Responding Officers are dismissed.Read the full opinion on CourtListener →
A Section 1983 complaint must allege facts showing what each defendant did to deprive the plaintiff of a federal right.
Marchant v. De Blasio · filed 2021-09-15
Plaintiffs include no allegations concerning the specific actions taken by any individual Defendant, and, once the conclusory allegations are stricken, there are no facts remaining from which the Court can ascertain what Plaintiffs allege transpired, completely inhibiting the Court from determining whether a reasonable jury could conclude that any of these Defendants violated Plaintiffs’ constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not make an official liable for another official’s actions.
Sutherland v. Akins · filed 2021-09-15
But Sutherland cannot hold Nurse Messick liable under § 1983 for the alleged actions of another jail official.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement in the alleged constitutional deprivation.
Darby v. Greenman · filed 2021-09-16
We conclude that Darby failed to allege that the Dentist Defendants acted with deliberate indifference or that the Doe Defendants were personally involved in a deprivation of Darby’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Smith v. Auld · filed 2021-09-16
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.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; allegations that an official directed retaliation can satisfy that requirement.
Conway v. City Of Chicago · filed 2021-09-16
On that note, the Court rejects Simos’s argument that Conway has not shown him to have been personally involved in the alleged retaliation. As detailed above, the complaint easily satisfies this “prerequisite for individual liability in a § 1983 action.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that defendant’s personal involvement in the constitutional deprivation.
Prindable v. St. Clair County · filed 2021-09-16
Further, because Plaintiff brings his claims under §1983, he must allege that each Defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
A § 1983 defendant must be personally involved in the alleged rights violation; calling emergency medical services alone does not establish involvement in a false imprisonment.
Henderson v. Alvarez · filed 2021-09-16
Finally, even if this fact were meaningfully disputed, the fact that Defendant Southwell called EMS would not, standing on its own, constitute personal involvement in the alleged false imprisonment. Even allowing all inferences to be found in the Plaintiff’s favor, simply requesting that medical professionals come to the scene does not evince an intent to confine that person.Read the full opinion on CourtListener →
Section 1983 requires evidence that each defendant was personally involved in the alleged deprivation.
PRESSLEY v. SMITH · filed 2021-09-16
Moreover, even if the conditions and deprivations allegedly suffered by Plaintiff violated his Eighth Amendment rights, Plaintiff has not met his burden under Rule 56 to show Defendants were personally involved in those deprivations.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in and direct responsibility for actionable wrongdoing.
Phillips v. Missouri Public Safety · filed 2021-09-17
Additionally, plaintiff alleges no facts demonstrating how each security officer defendant was personally involved in and directly responsible for actionable wrongdoing, as required to state a claim under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link between a defendant’s actions and the deprivation of rights.
Goldstein v. McKee · filed 2021-09-17
Section 1983 liability “requires a causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff bringing a personal-capacity claim to allege each defendant’s direct and personal involvement in the constitutional deprivation.
Javier v. Russo · filed 2021-09-17
To state a personal-capacity claim under Section 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an individual official to allege that official’s direct and personal involvement in the constitutional deprivation.
Newman v. de Blasio · filed 2021-09-17
To state a claim against an individual defendant under 42 U.S.C. § 1983, a plaintiff must allege facts showing the individual defendant’s direct and personal involvement in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation; merely reporting suspicious activity that leads to a misbehavior report does not suffice.
Chavez v. Gutwein · filed 2021-09-17
Here, Lurch’s involvement is even more attenuated from the alleged constitutional violation: She merely reported suspicious activity that led to the filing of a misbehavior report. Thus, her minimal role in this case is insufficient to establish her personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Liability under § 1983 requires a defendant’s personal involvement in the alleged violation.
Whitehead, Frank v. Huneke, Roslyn · filed 2021-09-20
Because liability under § 1983 is premised on personal involvement, Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996), and the complaint gives Wess no notice of what Whitehead believes he did that violates the law, Whitehead cannot proceed against this defendant.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s conduct and the claimed deprivation.
(PC) Todd v. Sacramento County · filed 2021-09-20
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s action and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; merely denying a prisoner’s grievance does not establish that involvement.
London v. Delaware Department of Corrections · filed 2021-09-20
Moreover, as the Report recognized, the mere denial of a Grievance is insufficient to state a claim for deliberate indifference claim against Richman.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of a constitutional right.
Resendez v. Wexford Health Care Services · filed 2021-09-20
Further, to state a viable § 1983 claim, a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires allegations of personal involvement by each individual defendant; naming a defendant without alleging wrongdoing does not state a claim against that person.
Ream v. Marker · filed 2021-09-20
Individual-capacity claims are also made against unknown Defendants, but the Complaint contains no allegations of wrongdoing on their part. ... Defendants Unknown John/Jane Does therefore will be dismissed from the action.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing individual defendants to allege facts showing their personal involvement in the claimed rights violations.
Tucker v. Department of Corrections · filed 2021-09-20
If Plaintiff names individuals as defendants, he must allege facts regarding their personal involvement in the alleged violations of his rights.Read the full opinion on CourtListener →
A § 1983 plaintiff must produce evidence of a defendant’s personal involvement in the alleged violation to bring that defendant to trial.
CHAPOLINI v. CAPODANNO · filed 2021-09-20
Because Chapolini has not identified the officer who “bore primary responsibility” for the alleged body cavity search, he has failed to identify a genuine issue of material fact sufficient to survive summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a causal connection between each defendant’s actions and the claimed deprivation.
(PC) Harris v. Eu · filed 2021-09-21
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 failed to establish a causal connection between either named defendant and violation of a constitutional or statutory right.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.
BRUMBACK v. HENRY COUNTY SHERIFF'S DEPARTMENT · filed 2021-09-21
"Individual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). Mr. Brumback has failed to allege that Sheriff McCorkle personally participated in the alleged violation of his constitutional rights. Thus, his claims against Richard McCorkle and the Henry County Sheriff are dismissed for failure to state a claim upon which relief may be granted.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials for a third party’s statements based solely on the officials’ failure to act.
Schrader v. Emporia State University · filed 2021-09-21
And the only personal action plaintiff has pleaded—Cordle and McCoy’s failure to act—is not a basis for § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; a supervisor’s position alone does not establish liability.
Middleton v. Litz · filed 2021-09-21
A defendant cannot be liable for a violation of a plaintiff’s civil rights unless the defendant was personally involved in the violation. ... Middleton makes no allegations as to how Litz was personally involved in the alleged violation of his rights. We will therefore dismiss the claims against Litz.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in, or causal connection to, the alleged deprivation of a federal right.
(PC) Miller v. Hollison · filed 2021-09-22
An individual defendant is not liable on a civil rights claim unless the facts establish the defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s wrongful conduct and the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 permits an individual-capacity claim against a final policymaker whose policy directly causes a constitutional deprivation, even when a municipal claim also proceeds.
Lamb v. County of Lake · filed 2021-09-22
If a final policymaker creates an unconstitutional policy that the official’s agency then enforces, and that policy directly causes the deprivation of the plaintiff’s rights, then there is no reason why the plaintiff cannot pursue both an individual-capacity claim and a Monell claim against the municipality.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the deprivation of a constitutional right.
Lee v. Stover · filed 2021-09-22
Further, to state a Section 1983 claim a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights to impose liability on an individual defendant.
Hodges v. State of Minnesota Department of Corrections · filed 2021-09-22
Liability under Section 1983 “requires a causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires allegations tying a defendant to the claimed wrongdoing; naming a defendant only in the caption does not state a claim against that person.
Trujillo v. Bittenger · filed 2021-09-22
Plaintiff failed to sufficiently tie any Defendant to the alleged wrongdoing. ... The caption of the Amended Complaint also names Theresa Bittenger, but she is not mentioned in the body of the pleading. ... IT IS ORDERED that any claims against Theresa Bittenger set forth in the original Complaint (Doc. 1) or the Amended Complaint (Doc. 16) are DISMISSED WITH PREJUDICE.Read the full opinion on CourtListener →
Section 1983 requires an officer to have caused the alleged deprivation; an officer who did not cause an arrest cannot be liable for that arrest.
Lemke v. Bullinger · filed 2021-09-22
In short, it is immaterial whether Hart and Green had probable cause to arrest Lemke because they did not cause him to be arrested without probable cause.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each named defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Yocom v. Allison · filed 2021-09-23
In order to state a claim under 42 U.S.C. § 1983, a plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant personally participated in the deprivation of a constitutional right; naming an officer only in the complaint caption does not state a claim against that officer.
(PC) Sanford v. Gemo · filed 2021-09-23
Plaintiff has not alleged any viable claims against defendant Cummings. Although this officer is named as a defendant in the caption of the complaint, I can find no mention of him or her in the body of the complaint.Read the full opinion on CourtListener →
Individual liability under Section 1983 requires personal involvement in the alleged constitutional deprivation.
Smith v. Mendrick · filed 2021-09-23
Defendants correctly recognize that individual liability under section 1983 requires personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to specific conduct; merely naming a defendant is insufficient.
Pena 625133 v. Brown · filed 2021-09-23
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; a senior prison position alone does not establish it.
Hamilton v. New York State Department of Corrections and Community Supervision · filed 2021-09-23
Fifth, Plaintiff also failed to allege the personal involvement of Defendants Annucci, Guenette, and Graham in regards to his food preparation or service claims by merely alleging that they held high-ranking positions in the New York prison hierarchy.Read the full opinion on CourtListener →
Section 1983 requires facts connecting an individual defendant to the alleged deprivation of rights.
Drew 048508 v. Paul · filed 2021-09-24
To the extent Plaintiff claims he has not been taken to a neurologist for a consultation, Plaintiff has not alleged facts showing Defendant Paul was responsible for scheduling the consultation or for the delays in Plaintiff receiving the consultation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Spillard v. Costa · filed 2021-09-24
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly allege an official’s personal involvement; supervisory status alone does not establish liability.
Hurley v. Caple · filed 2021-09-24
However, even when evaluating the facts in the light most favorable to her, Ms. Hurley’s pleadings fail to allege actual knowledge or acquiescence by DDOC Officials that rises to the level of personal involvement.Read the full opinion on CourtListener →
A § 1983 complaint must allege facts showing how each defendant was personally involved in or directly responsible for the harm.
Payton v. Precythe · filed 2021-09-24
It is important that plaintiff allege facts explaining how the defendant was personally involved in or directly responsible for causing harm.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the constitutional violation; a supervisory title alone is insufficient.
Santiago v. Annucci · filed 2021-09-24
Plaintiff’s failure to explain how any one of the three Defendants was personally involved in the alleged constitutional violation requires that the procedural due process claim be dismissed.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged violation.
Wilkins v. Haidle · filed 2021-09-24
His claim fails because he does not allege that any of the defendants were personally involved in these alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the claimed violation of rights.
Kane v. Schuylkill County Prison · filed 2021-09-24
Kane fails to provide any specific factual allegations to support any claims against the Defendants. ... lt should sufficiently allege personal involvement of each Defendant in the acts which he claims violated his rights.Read the full opinion on CourtListener →
Section 1983 permits a claim against officials whose alleged orders personally involved them in the claimed rights violation.
Friend v. Shoemaker · filed 2021-09-24
As such, Friend has sufficiently alleged Barnes, Entz, and Heap’s personal involvement in the violation of his free exercise right.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation for individual liability.
Brown v. Dart · filed 2021-09-25
Individual liability under Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation. ... Brown has not plausibly alleged that Dart was aware of any of his particular conditions, and therefore has failed to state a claim against Dart in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each named defendant caused or personally participated in the claimed harm.
Sinclair v. Clark County · filed 2021-09-27
To satisfy the second prong, a plaintiff must allege facts showing how individually named defendants caused, or personally participated in causing, the harm alleged in the complaint.Read the full opinion on CourtListener →
Section 1983 does not support a claim against officials who handle a grievance without personal involvement in the underlying alleged deprivation.
Brown v. Wills · filed 2021-09-27
Therefore, the misstatement of facts in the grievance responses and the failure to fully investigate Brown’s assertions by Counselor Price and Grievance Officer Mulholland, as well as the denial of the grievance by ARB Member White, absent any personal involvement in an underlying alleged deprivation, states no claim for relief.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional violation.
Stambaugh v. Hunter · filed 2021-09-27
For a defendant to be held liable under section 1983, he or she must have been personally involved in the violation of the plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on a prison warden for delayed medical care when the warden was neither responsible for that care nor aware of the need for it.
Holup v. Graham · filed 2021-09-27
To the extent Plaintiff is suing Warden Graham for acts taken in his individual capacity, his claims also fail. Viewing the evidence in the light most favorable to Plaintiff, there is no indication that Warden Graham was responsible for Plaintiff’s medical care and treatment. Indeed, correctional staff have no authority to direct patient care or to treat a detainee’s medical condition. Plaintiff has not alleged that Warden Graham was aware of Dr. Jackson’s instructions to have Plaintiff transported back to WMHS within two weeks of July 24, 2018, nor could he, as correctional staff lack access to inmates’ medical records.Read the full opinion on CourtListener →
Section 1983 requires factual allegations linking an official’s own conduct to the deprivation of a plaintiff’s rights; supervisory status and conclusory allegations alone do not establish individual liability.
Scarborough v. Winthrop University · filed 2021-09-27
Plaintiff has made only conclusory statements alleging Gordon violated his rights and identifies no specific unconstitutional action by Gordon giving rise to a claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a named defendant to the alleged violation; vague allegations about officers’ conduct do not establish that defendant’s liability.
Chadwick v. Roger D Wilson Detention Facility Staff · filed 2021-09-27
Therefore, the Court finds Plaintiff’s factual allegations are too vague and conclusory to allow the Court to infer that any named Defendant bears § 1983 liability in this cause.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that an official personally participated in the deprivation of the plaintiff’s rights.
Wood v. Cutchin · filed 2021-09-28
In order for an official to be held liable under § 1983, the plaintiff must affirmatively show that the official “acted personally in the deprivation of the plaintiff’s rights.” ... Moreover, no reasonable juror could find that Clear “was personally involved in the denial of treatment” for HCV.Read the full opinion on CourtListener →
Section 1983 requires a link between each defendant’s actions and the alleged deprivation of rights.
(PC) Khademi v. South Placer County Jail · filed 2021-09-28
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a connection between each defendant’s actions and the alleged deprivation of rights.
(PC) Catchings v. Fletcher · filed 2021-09-28
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged constitutional deprivation, and wardens cannot avoid personal liability simply by delegating grievance review.
Snow v. Obaisi · filed 2021-09-28
Thus, Pfister and Nicholson cannot simply use their proxies to avoid personal liability.Read the full opinion on CourtListener →
Section 1983’s personal involvement requirement is sufficiently pleaded when an official drafted an allegedly unconstitutional policy and knew it was unconstitutional.
Tucker v. Jeffreys · filed 2021-09-28
Consistent with this, the Seventh Circuit has found that officials “responsible” for an unconstitutional policy are “answerable” for it under § 1983. ... Applying these principles here, the Court finds that Plaintiffs have sufficiently alleged Dixon’s personal involvement.Read the full opinion on CourtListener →
Section 1983 permits a claim against prison officials who know an inmate is being denied medical care and turn a blind eye.
McCarter v. Brookhart · filed 2021-09-28
Count 1 will also proceed against Warden Brookhart and Healthcare Administrator Crain, who were notified that McCarter was not receiving treatment for his abdominal pain and “turned a blind eye” to the unconstitutional conduct.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege specific conduct by each defendant to state a claim against that defendant.
Curtis 492630 v. Rader · filed 2021-09-28
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged retaliation; defendants who did not write the challenged misconduct tickets lacked it here.
Ali 175762 v. Simmons · filed 2021-09-28
Plaintiff’s argument lacks merit. As the Magistrate Judge explained (R&R, ECF No. 78 at PageID.714), and Plaintiff does not dispute, Defendants Stump and Simmons were the only Defendants who wrote misconduct tickets on Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal involvement in the alleged wrong; naming a defendant only in the caption is insufficient.
PRIOR-RAMIREZ v. WILLIAMS-HALL · filed 2021-09-28
Plaintiff’s complaint is silent regarding any “John Doe’s” personal involvement besides their mention in the caption. This is fatal to Plaintiff’s claims against any “John Doe(s).”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation to support damages.
Al-Haj v. Singer · filed 2021-09-28
Plaintiff fails to state a claim by not alleging any direct connection between the incidents and Taylor. “Personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement for damages; mere presence at the scene of an alleged constitutional deprivation is insufficient.
Tasfay v. Ramos · filed 2021-09-28
Even taking the allegations in the complaint as true and construing them liberally, an allegation that Defendant was merely present at the scene “without more” fails to state a claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation.
The Cloister East, Inc. v. New York State Liquor Authority · filed 2021-09-28
Plaintiffs do not allege that any other Individual Defendant was personally involved in the decision to suspend Cloister Café’s liquor license summarily and without notice and a hearing.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing officials in their individual capacities to tie each official to the alleged wrongdoing.
DORSEY v. PENNSBURY SCHOOL DISTRICT · filed 2021-09-28
In the absence of their “personal involvement” in the discrimination, the Court dismisses his claims against those four board members, but with leave to amend in case he can tie them to specific discriminatory conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; reviewing a prison misconduct appeal alone does not establish it.
MILLER v. KNIGHT · filed 2021-09-28
The Defendants also correctly argue that Ennis, Flinchbaugh, and Clark’s participation in the misconduct appeal process does not constitute personal involvement in actionable conduct for purposes of a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 permits individual liability only for a defendant’s own conduct in a civil rights violation.
PREZIOSI v. NICHOLSON · filed 2021-09-28
Thus, importantly, each defendant in this civil action can be held liable only for his or her own conduct.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of her rights.
Crawford v. Holman · filed 2021-09-29
In order to state a § 1983 claim, the plaintiff must allege personal involvement by each of the defendants, and “it must be affirmatively shown 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) (cleaned up).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Bottorff v. Meyer · filed 2021-09-29
As a reminder, §1983 requires that an individual be personally involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in or directly responsible for the constitutional violation.
Gilliam v. Staley · filed 2021-09-29
A defendant may not be held liable under § 1983 unless he was personally involved in or had direct responsibility for the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally responsible for the alleged deprivation; it does not impose respondeat superior liability.
Chaudhry v. Smith · filed 2021-09-29
There is no respondeat superior liability under Section 1983, and therefore, each defendant is only liable for his or her own misconduct.Read the full opinion on CourtListener →
Section 1983 can reach an officer who did not make an arrest if the officer caused the constitutional violation, but the complaint must plausibly allege that causal connection.
Cook v. Whyde · filed 2021-09-29
Thus, Officer Long is not insulated from liability just because he did not effectuate plaintiff’s arrest. ... The Court therefore finds that Officer Long was not an integral participant in plaintiff’s false arrest.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant’s conduct to the alleged constitutional deprivation.
Johnson v. Belcher · filed 2021-09-29
In the absence of allegations about how each Defendant participated in the alleged unreasonable seizure of Plaintiffs, the Complaint is insufficient.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing individual defendants for discrimination to plausibly allege their personal involvement in the challenged conduct.
Smith v. Board of Education for Waukegan Public School District 60 · filed 2021-09-29
However, Smith must also allege adequately that the individual defendants were personally involved in the discrimination of which she complains. ... For this reason, Counts VIII and IX are dismissed against Plascencia and Cesario.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to cause or participate in the alleged constitutional violation; receiving notice that a detainee was a medical priority alone does not establish personal responsibility.
CRUMLEY v. FORESTALL · filed 2021-09-29
That alone isn’t enough to establish a genuine issue of material fact that the individual municipal defendants caused or participated in constitutional violations against Mr. Crumley.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged constitutional violation; responding to grievances alone does not establish it.
Keen (ID 61504) v. Baker · filed 2021-09-29
This matter is a civil action filed under 42 U.S.C. § 1983. ... In the second amended complaint, as before, it appears the participation of the defendant wardens was limited to their responses to grievances filed by plaintiff. As explained in the MOSC, this does not state a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s direct, personal involvement in the alleged constitutional misconduct.
Robertson v. City of Saint Louis, Missouri · filed 2021-09-29
To state a claim under 42 U.S.C. § 1983, a plaintiff must plead direct, personal involvement in constitutional misconduct. ... Here, there is no allegation of direct, personal involvement of these defendants with regard to Plaintiff individually.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s direct, personal involvement in constitutional misconduct.
Ziegler v. City of Saint Louis, Missouri · filed 2021-09-29
To state a claim under 42 U.S.C. § 1983, a plaintiff must plead direct, personal involvement in constitutional misconduct.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s direct, personal involvement in the alleged constitutional misconduct.
Thomas v. City of St. Louis · filed 2021-09-29
To state a claim under 42 U.S.C. § 1983, a plaintiff must plead direct, personal involvement in constitutional misconduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Todd v. Park City 3 & 4 Apartments, Inc. · filed 2021-09-29
In addition, the claims against Dr. Stone are ripe for dismissal for lack of personal involvement. “[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 claims against individual officers require evidence of their personal involvement in the alleged constitutional deprivation.
Pugh v. Casimir · filed 2021-09-29
Plaintiff’s claims against the John Doe defendants are also dismissed because he has proffered insufficient evidence of a constitutional injury or their personal involvement therein – an argument he appears to concede.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing officials individually to identify the specific actions of each defendant; collective allegations do not suffice.
Bramhall v. Cyprus Credit Union · filed 2021-09-30
Without these allegations, the Amended Complaint fails to state a claim under 42 U.S.C. § 1983 for any of the deputy district attorneys.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.
Craighead v. King · filed 2021-09-30
Craighead does not allege any personal involvement on the part of Defendants Clarke, Robinson, Manis, or Zook as to either the 2017 assault or the 2019 incident, and thus has not stated any personal § 1983 claim against them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each named defendant’s actions to the alleged deprivation.
(PC) Kyle v. Naman · filed 2021-09-30
To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link the defendant to the alleged violation of the plaintiff’s rights.
(PC) Hill v. Camacho · filed 2021-09-30
It is not enough for Plaintiff to state that Defendant Mendosa allegedly violated Plaintiff’s Eighth Amendment rights, and instead Plaintiff must link Defendant Mendosa to his retaliation claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant to the alleged violation; alleging only that a defendant was present during another defendant’s conduct is insufficient.
(PC) Hill v. Camacho · filed 2021-09-30
It is not enough for Plaintiff to state that Defendant Valdez was present during Defendant Camacho’s alleged retaliatory actions, and instead Plaintiff must link Defendant Valdez to his retaliation claims.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a defendant to the particular constitutional violation asserted against that defendant.
Hill v. Mendosa · filed 2021-09-30
It is not enough for Plaintiff to state that Defendant Mendosa allegedly violated Plaintiff’s Eighth Amendment rights, and instead Plaintiff must link Defendant Mendosa to his retaliation claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the deprivation of a constitutional right.
Tang v. Illinois Department of Children and Family Services · filed 2021-09-30
Indeed, it is appropriate to dismiss the § 1983 claims against Defendant Gregg in her individual capacity because the SAC fails to allege her personal involvement.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on defendants personally involved in the alleged constitutional deprivation.
Russell v. Marconi · filed 2021-09-30
“[I]ndividual liability under [Section] 1983 requires ‘personal involvement in the alleged constitutional deprivation.’”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an individual defendant to allege that the defendant caused or personally participated in the violation.
Doe 5 v. Southern Illinois University · filed 2021-09-30
To state a Section 1983 claim against Shaffer in his individual capacity, Doe must allege that he caused or personally participated in the statutory or constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility; an officer cannot be held liable for other prison staff’s misconduct.
Jones v. Neal · filed 2021-09-30
Liability under 42 U.S.C. § 1983 is based on personal responsibility, and Officer Martin cannot be held liable for the misdeeds of other prison staff.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal participation in the alleged constitutional harm; bare allegations are insufficient.
Reynolds (ID 81487) v. Shawnee County Jail · filed 2021-09-30
The plaintiff also must show the personal participation of each defendant, and bare allegations are insufficient to meet this showing.Read the full opinion on CourtListener →
Section 1983 permits claims against officers personally involved in a constitutional violation, including officers who enforce a challenged restriction.
Harcz, Jr. v. Boucher · filed 2021-09-30
The proper defendants under § 1983 are officers who were personally involved in a violation of the plaintiffs constitutional rights. ... Assuming that the restriction violated the First Amendment, any Defendant who formed the line preventing Plaintiffs from freely entering the event had the requisite personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged rights deprivation.
Hines v. Dzurenda · filed 2021-09-30
Even viewing the evidence in the light most favorable to Hines, there is no evidence that Treadwell personally participated in Hines’ continued placement in segregation after February 9. Consequently, I grant Treadwell’s motion and deny Hines’ motion on this claim for any due process violations occurring after February 9. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (stating that for a person to be liable under 42 U.S.C. § 1983, “there must be a showing of personal participation in the alleged rights deprivation”).Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement in a constitutional violation; a conclusory allegation of a discriminatory policy is insufficient.
Greenport Gardens, LLC v. Village of Greenport · filed 2021-09-30
This lone, conclusory allegation is insufficient to plead those Defendants’ personal involvement in any constitutional violation pursuant to Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish individual liability.
Hagan v. Mason · filed 2021-09-30
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.” ... In the absence of any evidence that either defendants Stetler or Banta played an affirmative role in issuing the alleged false misconduct, summary judgment must be denied.Read the full opinion on CourtListener →
Section 1983 requires allegations of each individual defendant’s personal involvement to state a personal-capacity claim.
Cupp v. County of Lycoming · filed 2021-09-30
Absent any specific allegations of personal involvement by these defendants, the plaintiff has failed to state a plausible § 1983 claim against any of them.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation; a supervisory role or denial of a grievance alone does not establish it.
THOMAS v. MCGINLEY · filed 2021-09-30
A defendant cannot be liable for a violation of a plaintiff’s civil rights unless the defendant was personally involved in the violation. ... We will therefore grant defendants’ motion to dismiss because Thomas fails to allege that the defendants were personally involved in the alleged violation of his civil rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional violation.
Harvey v. Harry · filed 2021-09-30
Plaintiff's complaint fails to establish that the named Defendants were personally involved in any of Plaintiff's alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement; denial of grievances alone is insufficient.
SASSE v. WETZEL · filed 2021-09-30
As to the DOC Defendants, Plaintiff's allegations are based only on their denial of his grievances, and he has failed to plead any facts to show each Defendants’ personal involvement in his deliberate indifference claims.Read the full opinion on CourtListener →
A § 1983 plaintiff must plead that each government official defendant violated the Constitution through that official’s own actions.
Hill v. Greene County · filed 2021-10-01
In a section 1983 action, a prisoner “must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant’s own conduct to the alleged deprivation.
(PC) Green v. Diaz · filed 2021-10-01
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 failed to allege facts indicating that Defendant Diaz or Defendant Puricelli violated a constitutional or statutory right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant to the alleged violation; presence during another official’s retaliatory conduct is insufficient.
(PC) Hill v. Beltran · filed 2021-10-01
Therefore, Plaintiff’s First Amendment claim against Defendant Perez is DISMISSED. ... It is not enough for Plaintiff to state that Defendant Perez was present during Defendant Beltran’s alleged retaliatory actions, and instead Plaintiff must link Defendant Perez to his retaliation claims.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations against individual defendants; an indefinite group of prison employees is insufficient.
Getty v. David · filed 2021-10-01
While a plaintiff may use the “John Doe” designation to refer to specific individuals whose names are unknown, a plaintiff may not merely assert that an indefinite group of prison employees violated his constitutional rights.Read the full opinion on CourtListener →
A Section 1983 complaint must allege what each defendant did or failed to do to violate the plaintiff’s federal rights.
Pagan v. Government Agencies · filed 2021-10-01
Plaintiff has not pleaded facts about what any Defendant did or failed to do. For example, Plaintiff names John and Jane Doe Defendants in the caption of the case, but he does not include facts about what John or Jane Doe did that violated his rights. Plaintiff’s complaint, as presently pleaded, thus fails to state a claim on which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in an alleged constitutional violation; a position in the chain of command alone is insufficient.
Tripathy v. Schneider · filed 2021-10-01
To establish liability against a prison 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 prison’s chain of command. ... The claims against Morley, Annucci, and Cuomo as to the conditions of confinement at Gowanda are dismissed with prejudice for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of federal rights.
(PC) Perry v. Hill · filed 2021-10-04
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link a named defendant to the alleged constitutional violation.
Sherman v. Lake County Jail · filed 2021-10-04
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. ... Dkt. No. 11 does not link the named defendant, Lake County Sheriff Taylor, to any of the alleged constitutional violations.Read the full opinion on CourtListener →
Notes 76351–76500 of 89,157, oldest cases first.
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