42 U.S.C. § 1983

Section 1983 requires factual allegations tying each defendant to specific conduct; naming officials based only on their job duties does not state a claim.

Johnson 235820 v. Whitmer · filed 2021-11-24

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

Section 1983 requires allegations of specific conduct by each named defendant; naming a defendant without alleging such conduct leaves the claim subject to dismissal.

Gaskins 647296 v. Whitmer · filed 2021-11-24

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

Section 1983 claims require allegations of each defendant’s specific conduct; naming a defendant without alleging such conduct leaves the claim subject to dismissal.

Mackiehowell 647407 v. Whitmer · filed 2021-11-24

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

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

Ruoss v. Nicholas · filed 2021-11-24

Dismissal is likewise appropriate with respect to the DOC Defendants because Ruoss fails to allege that they were personally involved in the alleged violations of her civil rights.

A § 1983 complaint must allege factual conduct by each defendant to state a claim.

Wolfe v. Pennsylvania Department of Corrections · filed 2021-11-24

Based upon the above legal standards, it is clear that any claims against the Defendants are subject to dismissal based on Wolfe’s failure to set forth any factual allegations against them in the complaint. Without such factual allegations, it is impossible to conclude that the Defendants deprived Wolfe of any constitutional rights.

Section 1983 requires allegations linking specific state actors to the claimed deprivation of federal rights.

McCullom v. Newsom · filed 2021-11-29

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 defendant’s personal involvement; merely responding to an inmate’s grievances does not establish it.

Gayler v. State of Nevada · filed 2021-11-29

Accordingly, as Gayler fails to provide evidence showing that defendants or their offices did anything more than simply respond to his grievances, he fails to show the level of personal participation required to sustain his Section 1983 action.

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

Perez v. Annucci · filed 2021-11-29

To adequately plead a Section 1983 claim, a plaintiff must also “plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. at 676.

Section 1983 requires evidence of an individual defendant’s personal involvement in the challenged conduct to support individual liability.

Hill v. City Of Cincinnati · filed 2021-11-29

Officer Hill has not established that City Manager Duhaney participated in or approved the decision to suspend Officer Hill’s police powers. The Court will grant City Manager Duhaney summary judgment on the race discrimination claim made against him in his individual capacity.

Section 1983 requires evidence that an official participated in or approved the challenged conduct to hold that official individually liable.

Barnette v. City Of Cincinnati · filed 2021-11-29

Officer Barnette has not established that City Manager Duhaney participated in or approved the decision to suspend his police powers. The Court will grant City Manager Duhaney summary judgment on the race discrimination claim made against him in his individual capacity.

Section 1983 requires a causal link between a defendant’s own conduct and the alleged deprivation of rights.

Wilford v. Department of Saint Louis County Justice Center · filed 2021-11-30

Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.

Section 1983 requires a defendant’s personal involvement in the alleged violation; awareness of prison conditions alone is insufficient.

Cook v. Condo · filed 2021-11-30

Nevertheless, the court will still dismiss Cook’s Eighth Amendment claim because Cook fails to allege that Defendants were personally involved in the conditions of confinement giving rise to his claim.

Section 1983 requires each defendant’s personal involvement in the alleged violation; allegations that broadly implicate multiple defendants are insufficient.

CARTER v. SLATER · filed 2021-11-30

Regarding the first issue, 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.” ... Allegations that broadly implicate multiple defendants without delineating individual conduct are legally insufficient.

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

(PC) Adams v. Wong · filed 2021-12-01

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

A § 1983 claim against a government official requires allegations of that official’s personal involvement in the alleged violation.

Muniz v. Cook · filed 2021-12-01

The Court dismissed the due process claim against Maiga for lack of personal involvement. ... The plaintiff has alleged no new facts that would alter that determination. Thus, amendment to reassert the claim against Maiga would be futile.

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

STANBACK v. WISLER · filed 2021-12-01

Section 1983 liability requires a “showing of direct responsibility” by named defendants and eschews any “theory of liability” in which defendants played “no affirmative part in depriving any[one] ... of any constitutional rights,” see Rizzo v. Goode, 423 U.S. 362, 376–77, (1976), including theories of vicarious or respondeat superior liability.

Section 1983 requires a plaintiff to plead each government official defendant’s personal involvement in the alleged constitutional violation; a passive role is insufficient.

Lewis v. Matthias · filed 2021-12-01

In order to state a claim for the violation of a civil right under 42 U.S.C. § 1983, “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.

A § 1983 complaint must allege each defendant’s specific involvement and an affirmative link between that defendant’s actions and the claimed constitutional deprivation.

(PC) McCurdy v. Blanco · filed 2021-12-03

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 requires a plaintiff to allege facts linking each defendant’s actions to the claimed constitutional deprivation.

(PC) Grant v. Rio Consumnes Correctional Center · filed 2021-12-03

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations. ... Here, Plaintiff’s complaint is devoid of any mention of which named Defendant performed which action that led to the claimed alleged constitutional violations.

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

(PC) Muhammad v. Camp · filed 2021-12-03

Under § 1983, plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights.

Section 1983 liability requires a defendant’s personal involvement in or responsibility for the deprivation of a plaintiff’s constitutional rights.

Roberson v. Wills · filed 2021-12-03

Liability instead hinges on personal involvement in or responsibility for a deprivation of the plaintiff’s constitutional rights.

Section 1983 generally does not impose respondeat superior liability; liability requires a defendant’s personal participation in the constitutional violation.

Fly v. Weber · filed 2021-12-03

In a suit arising under 42 U.S.C. § 1983, the doctrine of respondeat superior generally does not apply and liability attaches only upon a defendant’s personal participation in the constitutional violation.

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

Rodriguez v. Cline · filed 2021-12-03

The fact that Seibert and Briggs occupied supervisory roles in the prison is also not sufficient to establish their personal involvement, as personal involvement in a Section 1983 action cannot be based solely on a theory of respondeat superior.

A grievance about an ongoing constitutional violation can support a Section 1983 claim against an official who knows of and acquiesces in the violation.

Small v. Kauffman · filed 2021-12-03

Thus, the court declines to dismiss Plaintiff’s Eighth Amendment claim against Defendant Green based on her alleged lack of personal involvement.

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

WILLIAMS v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS · filed 2021-12-03

Under these circumstances, construing the evidence in the light most favorable to Williams as the nonmoving party, Williams does not establish a basis for § 1983 liability arising out of personal involvement of Godfrey, Nunez, or Somers in the alleged violation of his constitutional rights.

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

Scott v. Reynolds · filed 2021-12-06

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

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

(PC) Donaldson v. Garland · filed 2021-12-06

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 affirmative link between a defendant’s actions and the claimed deprivation of rights.

(PC) Gulbronson v. Jones · filed 2021-12-06

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 a plaintiff to plausibly allege how an individual state actor violated the plaintiff’s rights.

Lewis v. Chester Mental Health Center · filed 2021-12-06

He has no allegations as to what happened to him or how any state actor violated his rights.

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

Moore v. Brown · filed 2021-12-06

As noted, Plaintiff does not allege personal involvement by the named defendants in the many alleged violations of plaintiff’s rights. Accordingly, Plaintiff does not allege claims against Defendants upon which relief may be granted under § 1983.

Section 1983 requires personal involvement in the underlying constitutional violation; denying a grievance does not state a claim against an official who did not cause or participate in that violation.

Fulford v. Heatherly · filed 2021-12-07

Although Fulford believes that Defendants should have done more in response to his grievance, the mishandling or denying of grievances by those not personally involved in the underlying constitutional violation does not state a claim.

Section 1983 liability requires personal responsibility for or involvement in a constitutional deprivation.

Williams v. Scott · filed 2021-12-07

Section 1983 liability instead hinges on personal responsibility for or involvement in a constitutional deprivation.

Section 1983 requires a defendant to be personally responsible for or involved in the alleged constitutional violation.

BOYD v. REAVES · filed 2021-12-07

No allegations indicate that these defendants were personally responsible for or involved in any violation of Mr. Boyd's constitutional rights.

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

Harig v. City of Buffalo · filed 2021-12-08

Defendants argue that BPD officers who did not have personal involvement in Plaintiffs August 25, 2016 arrest and the subsequent criminal prosecution cannot be held liable for claims arising therefrom. The court agrees. See Spavone v. N.Y. State Dep’t of Corr. Servs., 719 F.3d 127, 135 (2d Cir. 2013) (“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 quotation marks omitted).

Section 1983 damages require a defendant's personal involvement in the alleged constitutional violation; being in a position to enforce an order is insufficient.

Lewis v. Cuomo · filed 2021-12-08

The fact that James and Corlett may have been in positions to enforce the executive orders does not amount to personal involvement in the alleged constitutional violations which Plaintiffs claim to have suffered.

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

HINES v. FERGUSON · filed 2021-12-08

Since these Defendants were not personally involved in any constitutional violations that occurred at the Chester County Prison, and thus cannot be held responsible for any harm caused to Hines during his incarceration there, the Court will dismiss Hines’s claims against them.

Section 1983 requires a defendant’s personal involvement in the alleged violation; reviewing and denying a prisoner’s grievance alone is insufficient.

Brown v. Kauffman · filed 2021-12-08

In this case, the complaint names Kauffman and Kohler as Defendants, but there are no allegations of their personal involvement beyond the fact that they reviewed and denied Brown’s grievances, (see Doc. 1 ¶¶ 24, 29, 37), which is insufficient to allege personal involvement under § 1983.

Section 1983 does not impose liability on prison officials for mere involvement in a post-incident grievance process.

Alford v. Baylor · filed 2021-12-08

It appears that notification to the prison officials came by way of the grievance process, but the law is clear that mere involvement in the post-incident grievance process alone does not give rise to Section 1983 liability.

Section 1983 requires a plaintiff to allege how each defendant caused or contributed to the deprivation of rights.

Gomez v. Shelby Prison CCC · filed 2021-12-09

He names Cannon as a defendant, but he does not explain what Cannon did to violate his rights. As to each defendant Gomez intends to sue, he must explain what that person did to cause or contribute to causing a violation of his rights.

Section 1983 requires facts showing that each defendant’s action or inaction caused or contributed to the alleged deprivation of rights.

Gomez v. Shelby, Prison C/O Infanger · filed 2021-12-09

Bludworth made his statement after Infanger allegedly used excessive force against Gomez, so there is no reason to suppose Bludworth played any role in causing Infanger’s action.

Section 1983 does not impose vicarious liability on government officials; a plaintiff must allege that each defendant’s own actions violated a constitutional right.

Ross v. Williams · filed 2021-12-09

Because vicarious liability is inapplicable to § 1983 suits, a plaintiff must plead facts that would be sufficient to show that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.

Section 1983 permits a conditions-of-confinement claim against officials who were told about the conditions and failed to act.

Moore v. Jeffreys · filed 2021-12-10

Moore personally spoke about his cell conditions to Wills, Jones, Westfall, Mennerich, Carter, and Lane and also wrote ... letters to Jeffreys, Wills, Jones, Carter, and Crain, but Defendants have failed to act. Accordingly, Count 1 will proceed against all Defendants.

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

Krementz v. Siddiqui · filed 2021-12-10

Additionally, Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.”

Section 1983 requires facts showing an individual defendant’s personal responsibility for a deprivation of rights; conclusory allegations do not suffice.

Lewis v. Jackson County, Missouri · filed 2021-12-10

Section 1983 liability against an individual is personal and requires more than the conclusory allegations Plaintiff has set forth here.

A § 1983 claim must allege facts connecting each defendant to the alleged misconduct.

MILLER v. SAUCEDO · filed 2021-12-10

Plaintiff fails to allege facts as to how Defendant Scott was involved in the handcuffing of Plaintiff or if Defendant Scott was aware of the lacerations the handcuffs were allegedly causing. In short, he does not allege sufficient facts to allow this claim to proceed at this time.

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

KEELS v. BLANCHE · filed 2021-12-10

In a §1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims. ... Keels has not alleged how each of the Defendants was involved in the events described, and so has not stated a plausible claim against any of them.

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

(PC) Thomas v. Johnson · filed 2021-12-13

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 connect each defendant’s actions to the alleged deprivation of rights.

(PC) Cervantes v. Lee · filed 2021-12-13

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations. ... Plaintiff’s complaint is deficient as to Defendant Lee, because Plaintiff has not connected Defendant Lee to a constitutional violation.

Section 1983 requires a defendant to have personally participated in the constitutional deprivation.

Kimes v. California Department of Corrections & Rehabilitation · filed 2021-12-13

A defendant is liable under § 1983 when he or she personally participates in the constitutional deprivation.

Section 1983 requires a defendant’s personal involvement in the violation; participation in the grievance process alone does not establish liability.

Foote v. Leafgreen · filed 2021-12-13

“Liability under section 1983 depends on personal involvement in the violation… Involvement in the grievance process, standing alone, is insufficient to give rise to personal liability.

Section 1983 requires each defendant to have personally caused or participated in the deprivation of a constitutional right.

Rector v. Clark · filed 2021-12-13

Section 1983 creates a cause of action based on personal liability and predicated upon fault.

Section 1983 requires a plaintiff to allege that each defendant was personally involved in the deprivation of a constitutional right.

Suane v. Nollman · filed 2021-12-13

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

Section 1983 does not impose liability on an official merely for denying grievances when the official did not cause or participate in the underlying conduct.

Garner v. Burrell · filed 2021-12-13

Nor can Bob Allard by liable for simply denying Garner’s grievances.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; merely affirming a prison disciplinary decision on appeal does not establish it.

Jackson v. Polizzi · filed 2021-12-13

As this Court observed recently, merely sitting in an appellate review capacity is insufficient to establish personal involvement in a constitutional violation because “review and affirmation of the disposition of Plaintiff’s disciplinary hearing is distinct from the alleged underlying constitutional deprivation.” ... As the allegations implicate neither LaManna nor Venettozzi in the purported due process violations, the claims against them are dismissed for lack of personal involvement.

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

(PC) Hill v. Bowers · filed 2021-12-14

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’s personal participation in a constitutional violation; a supervisory title alone does not establish liability.

Pevia v. Warren, Warden · filed 2021-12-14

Liability under §1983 attaches only upon personal participation by a defendant in the constitutional violation. ... Simply stated, Pevia’s allegations fail to state a claim against defendants Hill, Werner, and Roderick.

Section 1983 requires facts connecting each defendant’s conduct to the claimed violation of federal rights.

MITCHELL v. CONWAY · filed 2021-12-14

To the extent Mitchell seeks to bring § 1983 claims, her Complaint lacks sufficient factual allegations as required by Rule 8 to state a plausible claim for relief. ... Mitchell’s Complaint does not sufficiently describe what action (or inaction) any of these Defendants took that caused a violation of her Constitutional rights when her children were allegedly removed from her care and custody.

Section 1983 holds officials liable only for their own conduct, not for the acts or omissions of others.

Houston v. Bredeman · filed 2021-12-15

Plaintiff may not hold Dr. Bredeman liable for the perceived acts or omissions of other individuals.

Section 1983 requires a plaintiff to allege a defendant’s personal involvement to state an individual-capacity claim.

Strand v. Harville · filed 2021-12-15

To state a cognizable individual-capacity claim against any named Defendant, Plaintiff must allege that Defendant’s personal involvement in the violation of Plaintiff’s rights.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; supervising others alone does not create liability.

Davis v. Gladieux · filed 2021-12-16

For a defendant to be held liable under 42 U.S.C. § 1983, he or she must have been personally involved in the violation of the plaintiff’s constitutional rights.

A § 1983 damages claim against an individual defendant requires allegations of that defendant’s personal involvement in the alleged violation.

Ford v. Sergeant Mark Curatolo · filed 2021-12-16

A § 1983 claim that does not allege the personal involvement of a defendant fails as a matter of law.

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

RALSTON v. CAFFREY · filed 2021-12-16

In a §1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.

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

Hampton v. Peel · filed 2021-12-17

Involvement in the grievance process, standing alone, is insufficient to give rise to personal liability.

Section 1983 does not impose liability on grievance officials merely because they denied grievances about conduct in which they did not participate.

Smith v. Meyers · filed 2021-12-17

Smith only alleges that these officials denied his grievances, which is not enough to state a claim.

Section 1983 requires a causal link between a defendant’s conduct and the alleged deprivation of rights.

Ide v. Short · filed 2021-12-17

Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.

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

Christy v. Bastain · filed 2021-12-17

Christy does not allege that Warden Bastian personally knew of and disregarded an excessive risk to his health, which is a prerequisite for individual liability under section 1983.

A plaintiff must make specific allegations against a defendant to maintain a Section 1983 claim against that defendant.

McCurty v. Madsen · filed 2021-12-20

Because plaintiff has not made any specific allegations about Does 1-3, the claims against these Doe defendants are DISMISSED without prejudice.

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

Van Vleet v. Mt. Carmel Police Dept. · filed 2021-12-20

Notably, Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir. 2005) (citations omitted). Van Vleet does not allege that any of the current Defendants was present at the time he was injured or exerted unnecessary force against him.

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

Monroe v. Rockland County Correctional Facility · filed 2021-12-20

To state a Section 1983 claim, a plaintiff must also “plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. at 676. ... Accordingly, plaintiff’s claims against Capt. Jiska and Lt. Byron fail for lack of personal involvement, and must be dismissed.

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

Lewis v. Jacobson · filed 2021-12-20

In addition, a plaintiff must allege the individual defendant’s personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing that Defendants Monteverde, Sofokles, Mejia, Grice, Sklarez, or Shakur were personally involved in violating her constitutional rights.

A § 1983 claim against a prison health administrator requires evidence of personal involvement in the alleged rights violation.

ENOCH v. PERRY · filed 2021-12-20

In moving for summary judgment Lamoreaux argues that the record does not support a finding that she was personally involved in any alleged violation of Simmons’ rights. The Court agrees.

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

(PC) Millare v. Starr · filed 2021-12-21

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 facts showing how each defendant was personally involved in or directly responsible for the alleged harm.

Sanders v. Dobbs · filed 2021-12-21

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

Section 1983 requires a plaintiff suing a defendant in an individual capacity to allege facts showing that defendant’s personal responsibility for the deprivation of rights.

Mays v. Eisenberg · filed 2021-12-21

If Plaintiff is suing a defendant in an individual capacity, he is required to allege facts demonstrating the personal responsibility of the defendant for harming him.

Section 1983 requires a defendant’s personal involvement in an allegedly excessive pre-arraignment detention for a false arrest claim based on that delay.

Lazare v. City of New York · filed 2021-12-21

As to his § 1983 claim for ... false arrest, because Plaintiff has failed to prove Defendant’s personal involvement in his allegedly excessive pre-arraignment detention, the claim fails as a matter of law.

Section 1983 requires a plaintiff to allege a supervisory official’s personal involvement in the constitutional violation; the official’s position alone does not establish liability.

Porter v. Toulon Jr. · filed 2021-12-21

Wholly absent from Plaintiff’s submissions are any allegations establishing how the sole Defendant, Sheriff Toulon, was personally involved in the alleged constitutional violations.

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

MOORE v. BRIGHTLER · filed 2021-12-21

In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.

Section 1983 requires a plaintiff to identify specific actions by the defendants that resulted in identifiable constitutional violations.

Schuylkill County Inmates v. Commissioners of Centre County · filed 2021-12-21

The second 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 plaintiff to identify the defendant’s specific acts or omissions that caused the claimed constitutional deprivation.

(PS) Nelson-Rogers v. Allred · filed 2021-12-22

Insofar as plaintiff attempts to bring constitutional claims under 42 U.S.C. § 1983, she must identify the specific acts or omissions of the defendant that caused the constitutional deprivation(s) at issue.

Section 1983 requires a plaintiff to allege each defendant’s personal responsibility for the claimed deprivation of rights.

Jones v. Jefferson County Jail · filed 2021-12-22

The complaint is deficient, however, because it is not drafted on a Court form, does not contain a caption listing the specific defendants he intends to sue, and fails to allege how the defendant(s) were personally responsible for the alleged violations of his constitutional rights.

Section 1983 requires a defendant’s personal participation in the alleged misconduct.

Martin v. Clark County · filed 2021-12-22

To be liable under § 1983, a defendant must have personally participated in the alleged misconduct.

Section 1983 requires plausible allegations of each individual defendant's personal involvement in the alleged deprivation of a federal right.

Oper v. Capital District Regional Off-Track Betting Corporation · filed 2021-12-22

Thus, the Court holds that Plaintiff's allegations with respect to the Individuals Defendants' personal involvement are too conclusory, even when viewing all allegations as true, to show that they deprived Plaintiff of his First Amendment rights.

Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; receiving grievances alone does not establish that involvement.

Siler v. Monroe · filed 2021-12-22

Of course, “[t]o establish a § 1983 claim, a plaintiff must show the defendants’ personal involvement in the alleged constitutional violation.” ... As Plaintiff failed to plead facts establishing that either Fields or Annucci were personally involved in any Eighth Amendment violation, the claim for relief pressed against them under this theory must be dismissed.

A Section 1983 claim must sufficiently allege each defendant’s personal involvement in the acts claimed to violate the plaintiff’s rights.

Brown v. Haldeman · filed 2021-12-22

For a § 1983 claim to survive a motion to dismiss, the plaintiff must sufficiently allege that the defendant was personally involved in the act or acts that the plaintiff claims violated his rights.

Section 1983 requires facts showing that each defendant’s own action or inaction violated the plaintiff’s rights.

Maher v. Thomson · filed 2021-12-23

As discussed, to hold a defendant liable under § 1983 for a violation of a plaintiff’s constitutional rights, that plaintiff must state facts concerning specific actions or inactions by that defendant in violation of his rights.

Section 1983 does not impose liability for a use of force on an official who did not participate in it.

Wiley v. Miracle · filed 2021-12-23

Wiley does not allege that Lieutenant Frank was involved in the use of excessive force, and there is no due process right to an investigation.

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

(PC) Beggs v. South · filed 2021-12-27

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 to allege each defendant’s direct and personal involvement in the alleged violation.

Perry v. Maloney · filed 2021-12-27

A plaintiff proceeding under Section 1983 must also allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... The complaint names as defendants ADW Maloney and Warden Morales, but there are no facts in the complaint showing how they were personally involved in Plaintiff’s hearing and detention.

Section 1983 requires a plaintiff suing defendants in their individual capacities to allege how each defendant personally caused a violation of the plaintiff’s rights.

Molina v. Diaz · filed 2021-12-28

However, to state claims against Defendants in their individual capacities, Plaintiff must allege facts showing how each Defendant personally caused a violation of Plaintiff’s rights.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation to impose individual liability.

Johnson v. Adams · filed 2021-12-28

Accordingly, the Court finds that Defendant Adams is entitled to qualified immunity with regard to Plaintiff’s Brady claim based on the suppression of the Gonterman statement, because there is no evidence that she personally participated in or directed the alleged constitutional violation.

Section 1983 requires a defendant’s personal involvement in the alleged misconduct, which may be shown through actual knowledge and acquiescence.

Burk v. Runk · filed 2021-12-28

Rather, a Section 1983 plaintiff must establish facts that demonstrate “the defendants’ personal involvement in the alleged misconduct.”72 ... Without any countervailing evidence from Luther, the Court cannot conclude that her actions do not demonstrate the requisite personal involvement in Burk’s failure-to-protect claims.

Section 1983 requires a plaintiff to allege with particularity each defendant’s personal involvement in the alleged deprivation of rights.

JAGER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION · filed 2021-12-29

The Second Amended Complaint fails to allege with sufficient particularity that any individual defendant was personally involved in the purportedly wrongful conduct.

Section 1983 requires a plaintiff to show that an official personally acted to deprive the plaintiff of rights; an employer is not automatically liable for an employee’s acts.

Estes v. Unnamed · filed 2021-12-29

In either type of civil rights action, to hold an official liable, the plaintiff musts affirmatively show that he or she acted personally to deprive the plaintiff of rights, and the doctrine of respondeat superior (making an employer automatically liable for wrongful acts of his employee) does not apply.

Section 1983 requires facts showing that each individual defendant personally caused the deprivation of a federally protected right.

Bratton v. Broomfield · filed 2021-12-29

Liability may be imposed on an individual defendant under § 1983 only if Plaintiff can show that the defendant proximately caused the deprivation of a federally protected right. ... However, as with the original complaint, nowhere in the statement of claim of the amended complaint does Plaintiff describe the individual actions of any of these named defendants to establish that they were each personally involved in the alleged deprivation, or much less that they each acted with deliberate indifference.

Section 1983 requires plausible allegations of a defendant’s personal involvement; a chief judge’s institutional role alone does not establish it.

Marquez v. Silver · filed 2021-12-29

Plaintiff continues to assert that DiFiore’s institutional role as Chief Judge necessarily evinces her personal involvement for the purposes of Section 1983. ... Plaintiff failed and continues to fail to plausibly allege that DiFiore or Porter were personally involved in the allegations at issue.

Section 1983 requires a defendant’s personal involvement in the alleged violation; a defendant cannot be liable for a violation they neither participated in nor approved.

VO v. WETZEL · filed 2021-12-31

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.” ... There is no evidence that Oliver or Dodds participated in or directed the confiscation or destruction of Vo’s property.

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

McElroy v. Clarke · filed 2022-01-03

In a § 1983 case, “liability will only lie where it is affirmatively shown that the official charged acted personally in the deprivation of the plaintiffs’ rights. The doctrine of respondeat superior has no application under this section.” Vinnedge v. Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (internal quotation marks, citation and alteration omitted). ... I must agree. Indeed, McElroy’s Complaint does not mention any of the defendants except in the heading and in the description of the defendants. He does not describe any action or inaction by any of the defendants that caused McElroy to be prevented from celebrating the Ramadan fast as he desired.

Section 1983 generally does not impose personal liability on a prison official solely for denying an incarcerated person’s grievance.

Yocom v. Foss · filed 2022-01-03

A prison official’s denial of an incarcerated person’s grievance generally does not constitute significant participation in an alleged constitutional violation sufficient to give rise to personal liability under Section 1983.

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

ROBERSON v. ISAACS · filed 2022-01-03

Further, "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 quotation omitted). ... They are therefore not personally responsible for them and are entitled to summary judgment on Mr. Roberson's retaliation claim.

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

Muir v. Champman · filed 2022-01-03

A plaintiff must allege the personal involvement of a defendant to state a civil rights claim under 42 U.S.C. § 1983.

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

HERNANDEZ v. ARIENE · filed 2022-01-03

For claims brought under 42 U.S.C. § 1983, a plaintiff must also allege each defendant’s personal involvement in the constitutional violation.

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

SEWELL v. CITY OF PHILADELPHIA · filed 2022-01-03

Sewell’s claims also fail for the separate reason that he has not adequately alleged how any of the Defendants were personally responsible for the challenged conditions such that they could be held liable for the alleged violation of his rights.

A § 1983 claim against a supervisor in his individual capacity requires allegations that he was personally involved in the violation of the plaintiff’s rights.

Robinson v. Cassidy · filed 2022-01-03

Rather, to state a cognizable § 1983 claim against Sheriff Cassidy, Plaintiff must allege that Sheriff Cassidy was personally involved in the violation of Plaintiff’s rights.

Section 1983 requires factual allegations showing each defendant’s personal involvement in the deprivation of the plaintiff’s rights.

Evans v. Kanode · filed 2022-01-04

Therefore, a § 1983 claim must contain factual detail about each defendant’s personal involvement.

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

White v. Smith · filed 2022-01-04

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.”

A § 1983 plaintiff must allege a specific injury caused by a defendant’s specific conduct and an affirmative link between the two.

Peterson v. Penzone · filed 2022-01-04

To state a valid claim under § 1983, plaintiffs must allege that they suffered a specific injury as a result of specific conduct of a defendant and show an affirmative link between the injury and the conduct of that defendant.

Section 1983 requires a plaintiff to allege a specific injury caused by a defendant’s specific conduct and an affirmative link between that conduct and the injury.

Brandom v. Penzone · filed 2022-01-04

To state a valid claim under § 1983, a plaintiff must allege that she suffered a specific injury as a result of specific conduct of a defendant and show an affirmative link between the injury and the conduct of that defendant.

Section 1983 requires personal participation in the alleged constitutional violation; responding to or processing a grievance does not establish liability.

Ruffin v. Washburn · filed 2022-01-04

Plaintiff is advised that liability under § 1983 arises upon a showing of personal participation in the alleged constitutional violation, and responding to or processing a grievance does not support § 1983 liability.

Section 1983 requires facts linking each defendant to the alleged constitutional injury; a defendant cannot be liable for decisions the complaint does not plausibly attribute to them.

Barnes v. Bartlett · filed 2022-01-05

Therefore, these claims are deficient as to Defendants Miller, Sheperd, Ruby, and Goold for failure to allege causation.

Section 1983 requires a defendant’s personal involvement; a prison administrator’s position and knowledge of a disturbance do not establish liability for the conditions of a prisoner’s cell.

WINDOM v. STAMPER · filed 2022-01-05

The plaintiff has not identified a defendant who is personally responsible for his placement in a cell that lacked clean water and his allegation that defendants Zatecky, Alsip, and Reagle knew of the disturbance that led to his placement is insufficient to hold these defendants personally responsible.

Section 1983 requires a plaintiff to allege conduct by the named defendants that deprived him of federal rights.

Jackson v. Clear · filed 2022-01-06

Despite being given the opportunity to amend his complaint, Jackson has failed to allege facts against or conduct committed by the named defendants. Therefore, the court concludes that Jackson’s amended complaint fails to state a cognizable federal claim against the named defendants.

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

(PC) Williams v. Unknown · filed 2022-01-06

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. ... No defendants are linked to plaintiff’s claims challenging prison conditions. Accordingly, these claims are dismissed.

Section 1983 requires a causal connection between an individual defendant and the alleged misconduct; direct participation is unnecessary if the defendant demonstrably acquiesced in the violation.

Winn v. Chicago · filed 2022-01-06

To hold an individual liable under § 1983, the plaintiff must demonstrate “a causal connection” between the sued officers and alleged misconduct. ... But at the motion to dismiss stage, and drawing all reasonable inferences in Plaintiff’s favor, the court concludes that Plaintiff has adequately pleaded a causal connection between Keane and Winn’s unlawful arrest and detention.

Section 1983 requires facts showing an individual defendant's personal responsibility for the alleged constitutional violation; naming staff collectively is insufficient.

Lane v. Green · filed 2022-01-06

Simply naming Oriana House staff is not sufficient to hold any individual employee personally liable.

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

(PC) Parnell v. Wheeler · filed 2022-01-07

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

Section 1983 requires facts showing that a defendant caused or contributed to the alleged constitutional violation; merely allowing a transfer does not establish causation.

Carter v. McKinnon · filed 2022-01-07

To state a claim against Salmonsen, Carter must allege facts showing that Salmonsen caused or contributed to causing the transfer. See 42 U.S.C. § 1983. ... “[A]llowing” a transfer does not meet the causation element.

Section 1983 requires allegations that each defendant was personally involved in the conduct underlying the claimed violation.

Hope v. Berg · filed 2022-01-07

To hold them liable, Hope must allege how each was personally involved in the activities that form the basis of the alleged behavior.

Section 1983 requires a complaint to connect each defendant’s acts or omissions to an alleged violation of federal rights.

Tabb v. NaphCare · filed 2022-01-10

While Plaintiff names several individual defendants, he fails to allege sufficient facts from which it may be inferred whether any of the named defendants personally acted, or omitted to act, in a manner that caused a violation of plaintiff’s constitutional or federal statutory rights.

Section 1983 requires a plaintiff to plead how each government-employee defendant personally contributed to the alleged constitutional violation.

(PS) Van Den Heuvel v. Dorothy · filed 2022-01-10

Further, to proceed under 42 U.S.C. § 1983, the statute permitting private suits for violation of constitutional rights, a plaintiff must plead that each government-employee defendant, through her own personal acts, committed the constitutional violations in question.

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

(PC)Cook v. Sacramento County · filed 2022-01-10

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 proof that each defendant personally participated in the alleged constitutional violation; supervision alone does not establish liability.

Green v. Riffo · filed 2022-01-10

When bringing a claim pursuant to §1983, “a plaintiff must plead and prove ‘that each Government-official defendant, through the official's own individual actions, has violated the Constitution.’” Tangreti v. Bachmann, 983 F.3d 609, 618 (2d Cir. 2020) (quoting Aschroft v. Iqbal, 556 U.S. 662, 676 (2009)). An alleged constitutional “violation must be established against the supervisory official directly[]” and cannot be based on supervisory liability.

Section 1983 requires an individual defendant to have caused or participated in a constitutional deprivation; a supervisor’s knowledge and approval or deliberate inaction can establish personal involvement.

Zeyadeh v. Dart, Sheriff of Cook County · filed 2022-01-10

Section 1983 allows for claims 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.”

Section 1983 requires facts showing an official’s direct responsibility for a constitutional deprivation to support a personal capacity claim; participation in a board vote alone does not suffice.

Smoler v. Board of Education for West Northfield School District 31 · filed 2022-01-10

Smoler does not allege facts from which the Court can infer that any individual Board member directly participated in a due process deprivation. ... Therefore, because Smoler fails to show any kind of direct responsibility on the individual Board members’ behalf, Defendants’ Motion to Dismiss is granted regarding the individual Board members as Defendants for Counts I, III, and IV.

A § 1983 plaintiff alleging excessive force must identify the person responsible for the alleged force.

Jarvis v. Hall, in Official Capacity and Successor · filed 2022-01-10

As he does not know who cuffed him and put him on the ground, his allegation of excessive force must be dismissed with prejudice.

Section 1983 requires facts showing that a defendant personally participated in the deprivation of the plaintiff’s rights; a supervisory position alone does not establish liability.

Hamilton v. Collins · filed 2022-01-11

Hamilton fails to allege any facts that would suggest that Defendant Collins acted personally in the deprivation of Hamilton’s Eighth Amendment rights.

Section 1983 does not make a disciplinary hearing officer liable for a reclassification imposed by someone else merely because it followed the officer’s guilty finding.

Hinton v. Pearson · filed 2022-01-11

He does not allege, however, that defendant McNeil was the person who reclassified him. Research reveals no cases where a disciplinary hearing officer was held liable for denial of due process for collateral consequences of a guilty finding imposed by other persons.

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

ROSADO v. DUGAN · filed 2022-01-11

But a § 1983 defendant “must have personal involvement in the alleged wrongs” and cannot be held liable “solely on the operation of respondeat superior.”

Section 1983 requires facts showing that an officer accused of failing to intervene had a reasonable opportunity to do so.

(PC) McQueen v. State of California · filed 2022-01-12

Officers may be held liable for failing to intercede if they had an opportunity to do so. ... There are no allegations specifying where Fajardo and Ny were, what they were doing, or otherwise supporting an inference that they had a reasonable opportunity to intercede. Accordingly, plaintiff has not stated a claim against them.

Section 1983 liability requires a defendant’s personal involvement in the alleged harm.

Herron v. Angle · filed 2022-01-12

Liability under 42 U.S.C. § 1983 is predicated on personal involvement.

Section 1983 requires personal involvement or direct responsibility for an alleged deprivation of rights to support individual liability.

Garner v. Walker · filed 2022-01-12

Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights. ... In the instant action, plaintiff has not set forth any facts indicating that Daniel Keen was directly involved in or personally responsible for the alleged violations of his constitutional rights.

Section 1983 requires a plaintiff to allege facts showing what each defendant did to violate the plaintiff’s rights.

Jackson v. Nevada Department of Corrections · filed 2022-01-12

Rather, in each count, he should allege facts sufficient to show what each defendant did to violate his civil rights.

Section 1983 requires a defendant’s personal involvement in alleged excessive force for liability.

Connelly v. City of St. Albans, Vermont · filed 2022-01-13

As Defendant Ferguson did not have contact with Plaintiff until she was on the floor, his lack of personal involvement in the alleged assaults prevents him from being held liable for excessive force.

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

(PC)Miller v. Moseley · filed 2022-01-13

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 how each defendant was involved in the deprivation of a federal right.

(PC) Nelson v. Allison · filed 2022-01-13

Plaintiff has failed to explain how the individuals identified as defendants were involved in the alleged deprivation of his right to free exercise of religion. Accordingly, the complaint fails to state a claim.

Individual liability under § 1983 requires allegations that the defendant was personally involved in the alleged constitutional deprivation.

Price v. Koenigsmann · filed 2022-01-13

The Court has already explained why the allegations in the original Complaint are insufficient to establish the Defendants’ personal involvement for purposes of individual § 1983 liability, (see July Op. 8–10), and the seven pages that Plaintiff has added do not change this conclusion.

Section 1983 requires a plaintiff to connect each individual defendant’s conduct or failure to act to the claimed violation of rights.

Johnson v. CTF Soledad State Prison · filed 2022-01-14

Although plaintiff names seven defendants, he proffers ... no facts to demonstrate what any defendant did or did not do. ... Accordingly, IT IS HEREBY ORDERED THAT Magistrate Judge James’ proposed findings and recommendations, Dkt. Nos. 3, 8, 12, 14, are ACCEPTED and shall become the Orders of this Court.

Section 1983 liability requires personal involvement in the constitutional deprivation or wrongful conduct causally connected to it.

Roland v. Humphreys County, Mississippi · filed 2022-01-14

“To be liable under § 1983, [the defendant] must have been personally involved in the alleged constitutional deprivation or have engaged in wrongful conduct that is causally connected to the constitutional violation.” Turner v. Lieutenant Driver, 848 F.3d 678, 695–96 (5th Cir. 2017). ... Even had Roland not abandoned the claim, he has not shown his detention was causally connected to McPherson’s signing of the grand larceny affidavit.

Section 1983 requires an individual defendant’s personal involvement; supervisory status alone does not establish liability.

Swinson v. The City of New York · filed 2022-01-14

In other words, an individual defendant may not be held liable under Section 1983 merely because that defendant employs or supervises a person who violated the plaintiff’s rights.

Section 1983 requires evidence that each defendant was personally involved in the alleged constitutional deprivation.

Viera v. Annucci · filed 2022-01-14

To the extent that Plaintiff alleges that Lepkowski, by responding to Plaintiff’s letter of November 2, 2016, originally addressed to Sheahan, is involved in the alleged disappearance of Plaintiff’s mail, Plaintiff has not set forth any evidence indicating that Lepkowski engaged in any action by which he sought or effected any alleged deprivation.

Section 1983 requires a defendant’s personal involvement in an alleged violation to impose individual liability.

Bowers v. Bodie · filed 2022-01-14

Because Plaintiff does not allege the personal involvement of Defendants Bodie and Joseph, Plaintiff has not established a basis for imposing individual liability on those Defendants.

Section 1983 requires facts showing that an individual defendant personally caused or participated in a constitutional deprivation.

Choi, Young v. Rustad, Sarah · filed 2022-01-18

Important here, to demonstrate liability under § 1983, a plaintiff must allege sufficient facts showing that an individual personally caused or participated in a constitutional deprivation.

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

(PC)Williams v. Abad · filed 2022-01-18

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

(PC) Davis v. Pam · filed 2022-01-18

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

Section 1983 assesses each officer’s own conduct when determining individual liability for excessive force.

Edwards v. City of Fort Myers · filed 2022-01-18

Crucially, it is Gonzalez’s conduct—not another officers—that matters.

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

Arroyo v. John/Jane Does 1-4 · filed 2022-01-18

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing each defendant’s direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not plead facts, however, about what each individual defendant did or failed to do.

Section 1983 requires a defendant’s personal involvement in the alleged violation; employment or supervision alone does not establish liability.

Di Lello v. Coviello · filed 2022-01-18

Accordingly, a defendant may not be held liable under Section 1983 solely because that defendant employs or supervises a person who violated the plaintiff's rights.

A § 1983 claim against an individual defendant fails when the complaint does not allege that defendant’s personal involvement in the alleged deprivation.

Putvain v. State of Vermont · filed 2022-01-19

The court accepts and adopts the Magistrate Judge’s recommendations. The December 16, 2021 R & R concludes that Plaintiffs § 1983 claims against the individual Defendants in their personal capacities again fail to allege the personal involvement of any Defendant in his allegedly inadequate medical care and therefore fail as a matter of law.

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

(PC) Hatton v. Mills · filed 2022-01-19

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

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

Charles v. Doe 1 · filed 2022-01-19

To state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.

Section 1983 requires a plaintiff to allege that each defendant’s own actions caused a violation of the plaintiff’s constitutional rights.

Lima-Flores v. Underhill · filed 2022-01-19

Further, liability under § 1983 arises upon a showing of personal participation, and a plaintiff must allege that each named defendant, through his or her own individual actions, caused the violation of plaintiff’s constitutional rights.