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 allegations that an official personally participated in the deprivation of rights to establish individual liability.
HOELZER v. THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA · filed 2022-03-31
These allegations are insufficient to show that the individual members acted directly or personally to sufficiently allege personal liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation; supervisory status alone is insufficient.
Machicote v. Smith · filed 2022-03-31
To state a § 1983 claim upon which relief may be granted, a plaintiff must allege that the defendant was personally involved in the alleged violation of the plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires each named defendant to be personally involved in the alleged violation.
Betts v. Varner · filed 2022-03-31
Claims under Section 1983 require personal involvement of the named defendant.Read the full opinion on CourtListener →
Section 1983 claims against individual defendants require sufficient allegations of their personal involvement in the constitutional violation.
POSTIE v. ADAMS · filed 2022-03-31
Because the Motion to Dismiss does not address the federal constitutional violations that such facts may plausibly support, resulting in such issues not being fully explored and addressed in the R&R, this Court denies the Motion to Dismiss as to Mr. Postie’s claims of false arrest and false imprisonment under the Fourth and/or Fourteenth Amendments as alleged against the specific involved Defendants in their individual capacities, and as to whom the Complaint alleges sufficient facts of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of federal rights.
(PC) Cortinas v. Colvin · filed 2022-04-01
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation.
Njie v. Jones · filed 2022-04-01
By contrast, Plaintiff will not be allowed to proceed with Claim 2 against Defendant Lauer because he does not allege that Lauer had anything to do with the rejection of his requests for an ITAL diet.Read the full opinion on CourtListener →
Individual liability under Section 1983 requires personal involvement in the alleged constitutional deprivation.
RILEY v. CARTER · filed 2022-04-01
"Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation." ... He has not alleged that Commissioner Carter was personally involved in a constitutional violation.Read the full opinion on CourtListener →
A § 1983 complaint must describe how each defendant was personally involved in the alleged conduct.
Everett v. Creach · filed 2022-04-04
Everett must also describe how each defendant was personally involved in the actions he alleges.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing defendants in their individual capacities to show that each personally participated in the deprivation of the plaintiff’s rights.
(PC) Taylor v. Ingram · filed 2022-04-04
Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged violation; collective allegations against police officers are insufficient to state a claim.
Harrison v. McCoy · filed 2022-04-04
Liability under 42 U.S.C. § 1983 is based on personal involvement, Mitchell v. Kallas, 895 F.3d 492 (7th Cir. 2018), and Mr. Harrison’s general references to actions taken by “law enforcement” or “police” are not sufficient to put each defendant on notice of how he or she allegedly violated Mr. Harrison’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged constitutional deprivation; supervisory status alone is insufficient.
Homer v. Doe · filed 2022-04-04
A plaintiff proceeding under Section 1983 must also allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff names Superintendent Robert Morton, Jr., of Downstate as a defendant, but he does not allege any facts suggesting that Superintendent Morton was directly involved in or aware of the events underlying Plaintiff’s claims.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; a warden’s later review of grievances or letters does not establish it.
Jones v. Diaz · filed 2022-04-05
In addition, the warden’s participation in the after-the-fact review of grievances or letters is not enough to establish personal involvement as required for claims under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not support a claim based on a grievance officer’s failure to address an alleged constitutional violation when the officer lacked authority to rectify it.
Abuharba v. Claycomb · filed 2022-04-05
He fails to state a claim against Phelps, who would not have the authority as a grievance officer to rectify the issues Abuharba raised.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant’s conduct to the alleged constitutional violation; employment and presence at the scene are insufficient.
Faulk v. Leyshock · filed 2022-04-06
Here, the only FAC allegations relating to Officer Wood’s involvement are that he was working on September 17 and took custody of Faulk’s bicycle that was lying in the street at the time of Faulk’s arrest. These allegations do not establish a causal link between Wood and the specific wrongs defendants allegedly committed.Read the full opinion on CourtListener →
Section 1983 requires an adequate connection between each defendant’s conduct and the claimed deprivation of rights.
(PC) Maldonado v. Lizarraga · filed 2022-04-06
In sum, there can be no § 1983 liability unless there is an adequate link or connection between a defendant’s actions and the claimed deprivation. ... The Court will grant Plaintiff leave to amend his complaint to satisfy the standards above and establish adequate links between a Defendant’s conduct and a violation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link the alleged misconduct to the defendant.
Foster v. Sprouse · filed 2022-04-06
Foster also indicates that at some point after the incident, he was punched, stabbed and threatened by other staff members. He does not link that conduct to Sprouse or anything related to the incident.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation to support an award of damages.
Green v. Franco · filed 2022-04-06
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.’” ... Thus, Green has failed to state a plausible claim that CTO Grady violated his federally or constitutionally protected rights. ... The Court must dismiss Grady as a defendant in this action.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Brown v. Cromwell · filed 2022-04-07
As explained in the prior screening order, Brown does not allege any facts showing that any of the named defendants knew about his PREA complaint or that any of them were involved in the decision to transfer him to a new institution. Without these facts, there is no one to attach personal liability to.Read the full opinion on CourtListener →
Section 1983 generally imposes individual liability only on officials who personally participated in the alleged violation.
Schnekloth v. Deakins · filed 2022-04-07
With few exceptions, liability attaches only where a public official personally participated in an alleged violation.Read the full opinion on CourtListener →
Section 1983 generally does not impose personal liability on a prison official for merely denying an inmate’s grievance about an alleged constitutional violation.
Harris v. Broomfield · filed 2022-04-07
As explained in the Court’s May 25, 2021 screening order, a prison official’s denial of an inmate’s grievance generally does not constitute significant participation in an alleged constitutional violation sufficient to give rise to personal liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in, or direct responsibility for, the alleged deprivation of rights.
Mays v. Eisenberg · filed 2022-04-07
“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 claims against an individual defendant must allege conduct attributable to that defendant.
Giggetts v. County of Suffolk · filed 2022-04-07
All three causes of action suffer an infirmity in that they do not mention Troiano or connect any particular action to Troiano. ... Plaintiff’s § 1983 Due Process and Equal Protection, § 1983 negligent supervision, and § 1983 failure to intervene claims against Troiano are dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Edwards v. Gutwien · filed 2022-04-07
Of course, “[t]o establish a § 1983 claim, a plaintiff must show the defendants’ personal involvement in the alleged constitutional violation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation for liability.
Dampier v. Multnomah Co. Sherrif Office · filed 2022-04-07
No evidence suggests that any of the named defendants personally participated in the alleged deprivation of plaintiff’s constitutional rights or made an intentional decision that subjected plaintiff to a serious risk of harm. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (stating that liability under § 1983 arises upon a showing of personal participation by each defendant).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Rodriguez v. Solano State Prison · filed 2022-04-08
Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged wrongful conduct.
Shah v. Connections, CSP et, al. · filed 2022-04-08
Liability in a 42 U.S.C. § 1983 action is personal in nature, and to be liable, a defendant must have been personally involved in the wrongful conduct.Read the full opinion on CourtListener →
In a § 1983 action, disputed facts about an officer’s personal involvement in a detention can preclude summary judgment for plaintiffs.
SUMMERVILLE v. NEW JERSEY STATE TROOPERS JOHN DOES 1-10 · filed 2022-04-08
As to whether Det. Sgt. Gregory had the requisite personal involvement in the decision to further detain the plaintiffs and check the surveillance video, the evidence is in conflict. ... The plaintiffs are not entitled to summary judgment on this factual issue.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by an individual defendant; claims against unidentified defendants cannot proceed at summary judgment without that showing.
Estate of Shannon J. Payne, by its Special Administrator, Christopher Meisel v. Dane County · filed 2022-04-11
Because 42 U.S.C. § 1983 necessarily requires a showing of personal involvement, see Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010), plaintiff can no longer pursue its claims generally against unidentified “defendants,” as it is apparently attempting to do in its opposition brief on summary judgment, which is the “put up or shut up” time for any party with the burden of proof.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; liability cannot rest solely on supervisory status.
Washington v. Gilmore · filed 2022-04-11
Likewise, we agree with the District Court’s assessment that summary judgment was appropriate because Washington did not adequately allege the personal involvement of either Gilmore or Guth in the asserted violations of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a complaint to link named defendants to the conduct underlying the alleged rights violation.
Washington v. San Mateo County Board of Supervisors · filed 2022-04-11
The complaint will be dismissed with leave to amend because the complaint does not identify any actions taken by the named defendants. The complaint identifies a policy by the San Mateo County Sheriff’s Office, but does not link this policy to the named defendants.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a person supervises others; the person must be personally involved in the alleged violation.
Averkamp v. Dixon · filed 2022-04-11
Section 1983 liability cannot be premised on a theory of respondeat superior. Kinslow v. Pullara, 538 F.3d 687 (7th Cir. 2008). Thus, Elazegui cannot be held liable for any alleged mistreatment purely by virtue of being Sheridan’s medical director. He must have actively participated in the complained-of conduct, or at the very least facilitated, approved, condoned, or willingly turned a blind eye to it.Read the full opinion on CourtListener →
A Section 1983 claim requires allegations that each defendant was personally involved in the constitutional deprivation.
Davenport v. Wills · filed 2022-04-11
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 does not make prison officials liable merely for reviewing and denying inmate complaints.
West v. Kind · filed 2022-04-12
But inmate complaint examiners are not liable under §1983 for simply doing their jobs and ruling on inmate complaints.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC)Wilson v. Ortega · filed 2022-04-12
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Buckner v. Sacramento County Jail · filed 2022-04-12
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 permits a claim against a defendant whose alleged personal involvement in a constitutional violation is sufficiently pleaded.
Schlemm, David v. Carr, Kevin · filed 2022-04-13
As for Block, the court previously dismissed her as a defendant for lack of personal involvement. Now Schlemm alleges Block apparently made no effort to follow up about Schlemm’s neurology consult. Construing this allegation generously, her failure to ensure that Schlemm’s neurology appointment was reset after he missed it might suggest that she consciously disregarded his need for that off-site appointment. Therefore, the court will grant him leave to proceed against Block as well, on both Eighth Amendment deliberate indifference and negligence claims.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each individual defendant to an alleged constitutional violation.
Koogler v. Vandergriff · filed 2022-04-13
Third, plaintiff has failed to state individual capacity claims against several of the named defendants because he has failed to connect each specific defendant to a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s personal involvement in the claimed constitutional deprivation.
Antonetti v. 103rd Precinct Detective Squad John Does · filed 2022-04-13
The absence of allegations against them and lack of personal involvement is fatal to his claims against the 103rd Precinct John Does.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for a constitutional violation; supervisory status alone does not establish liability.
Brown v. Toney · filed 2022-04-14
Section 1983 limits liability to individuals who are personally responsible for a constitutional violation. ... Brown cannot proceed with his claims against Cromwell, Hoch, and McHugh. Brown alleges no facts at all about Cromwell. His role as a supervisor at RGCI, alone, does not make him responsible for the actions of others.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a particular defendant’s acts or omissions to the alleged constitutional harm.
Frantz v. State of Kansas · filed 2022-04-14
Suffice to say that perhaps the SAC’s most notable shortcoming is a complete lack of facts, that is acts or omissions of a particular Defendant, suggesting harm amounting to deliberate indifference to her serious medical needs or a denial of due process.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to the claimed violation; naming supervisors without alleging conduct attributable to them does not state a claim.
WHITE v. GONZALES · filed 2022-04-14
Other than list them in the caption and the list of Defendants, White never mentions Director Janine Donate, and Warden Kyle Russel and makes no allegations that could be inferred to apply to them. For this reason, the claims against them are not plausible and will be dismissed without prejudice.Read the full opinion on CourtListener →
Section 1983 claims require individualized allegations identifying the specific acts of each state actor.
(PS) The Ruth Camel, Estate v. Weber · filed 2022-04-15
Further, constitutional claims brought under 42 U.S.C. Section 1983 are individualized, and must focus on the specific act or acts taken by the state actor.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a defendant in an individual capacity to show that the defendant personally participated in the deprivation of the plaintiff’s rights.
(PC)Johnson v. Lynch · filed 2022-04-15
Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
A § 1983 complaint must identify specific actions by particular defendants that violated the plaintiff’s rights.
Smith v. United States Marine Corps · filed 2022-04-18
However, to assert a viable claim under § 1983, a plaintiff must “identify specific actions taken by particular defendants” in violation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an official’s personal involvement in the constitutional violation.
Sanchez v. San Juan County Adult Detention Facility · filed 2022-04-18
Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Kevin D. Lewis v. Unknown · filed 2022-04-20
Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged constitutional injury to support individual liability.
Hunter v. May · filed 2022-04-20
To hold each of these Defendants individually liable under the Eighth Amendment, he must allege facts that demonstrate each of them was personally involved in the events surrounding his assault. He does not do so.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.
Truett, Jr. v. Bechtold · filed 2022-04-20
The fact that Bechtold occupied a supervisory role in the prison is also not sufficient to establish his personal involvement, as personal involvement in a Section 1983 action cannot be based solely on a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 permits a claim against a prison official when the allegations support her personal knowledge of and involvement in the inmate’s requests for care.
Jones, Leroy v. Foster, Brian · filed 2022-04-21
While fact-finding may bear out that White did not actually receive or review his communications, the court will reconsider the dismissal of this defendant for further factual development as to her actual knowledge and involvement in his requests for care.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed constitutional deprivation.
(PC) Walker v. Newsom · filed 2022-04-21
To the extent plaintiff is attempting to make any claims for constitutional violations by these defendants, such claims similarly fail because 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, Rizzo v. Goode, 423 U.S. 362, 371, 376 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980), and plaintiff has not alleged any facts showing the necessary personal involvement by any of these defendants.Read the full opinion on CourtListener →
Section 1983 requires individual responsibility; general allegations about a defendant’s job duties do not establish personal involvement.
McRae v. Myers · filed 2022-04-21
Section 1983 liability is premised on individual responsibility, so generic allegations about the defendants’ job duties are not sufficient to state claims against these parties.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal participation in the alleged constitutional violation; denying a grievance alone does not establish it.
Kanatzar (ID 67745) v. Zmuda · filed 2022-04-21
To be held liable under § 1983, a supervisor must have personally participated in the complained-of constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant personally participated in or was directly responsible for the constitutional deprivation.
Pendleton, Kenneth v. Tilleson · filed 2022-04-22
Indeed, to be held liable under § 1983, a plaintiff must prove each defendant’s personal participation or direct responsibility for the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 damages claims against individual officials require their personal involvement in the constitutional violation.
Judge, Brandon v. Pollard, William · filed 2022-04-22
Instead, claims for damages under § 1983 must be brought against individuals who were personally involved in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.
TAYLOR v. MARION COUNTY SHERIFF'S OFFICE · filed 2022-04-22
Mr. Taylor's claims against Sgt. Berthellette, Sgt. Stevens, and Officer Richardson are dismissed for failure to state a claim upon which relief may be granted. "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). Mr. Taylor includes no facts indicating that these correctional officers were personally involved in any of the events described.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged deprivation; attenuated involvement does not support liability.
JOHNSON v. LAPPE · filed 2022-04-22
He has not alleged facts demonstrating Nathan Watson's personal involvement in the excessive force incident beyond that he approved the inmates using the cleaning solution earlier in the week. This involvement is too attenuated. See Williams v. Shah, 927 F.3d 476, 482 (7th Cir. 2019) (a defendant cannot be held liable under § 1983 unless he had some personal involvement in the alleged deprivation).Read the full opinion on CourtListener →
A Section 1983 complaint must allege facts showing each defendant’s personal involvement in the claimed rights violation.
McGilary 703139 v. Goodspeed · filed 2022-04-22
Here, Plaintiff fails to allege any facts regarding how each named Defendant was actively involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a defendant to the wrongdoing; naming a person only in the caption is insufficient.
Williamson v. Rasnic · filed 2022-04-22
Merely listing Rasnic as a defendant in a case caption is insufficient to support a claim against him.Read the full opinion on CourtListener →
Section 1983 does not impose liability on individual officers for inadequate medical care without evidence of their personal involvement or knowledge.
Makell v. Sheriff Ms Vera Fludd · filed 2022-04-22
With regards to plaintiff’s subsequent requests for treatment, the individual defendants cannot be liable because there is no evidence of their personal involvement or knowledge.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; a supervisor’s receipt of complaints alone is insufficient.
Oles v. Sauer · filed 2022-04-22
As there is no supervisory liability under Section 1983, the fact that Lieutenant Bini may have received complaints from Plaintiff about the food or his medical treatment is insufficient to show his personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official merely for responding to or participating in a grievance procedure.
Ramilla v. Jennings · filed 2022-04-22
Merely responding to a grievance or otherwise participating in the grievance procedure is insufficient to trigger liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make prison officials liable merely for denying grievances when they neither caused nor participated in the underlying conduct.
Taylor v. Dunfrund · filed 2022-04-25
Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation; mere presence is insufficient.
(PC) Rose v. Yuba County · filed 2022-04-25
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 claims against individual defendants require factual allegations connecting them to the alleged conduct; the prospect of learning their involvement in discovery does not keep unsupported claims alive.
Dalton v. County of San Diego · filed 2022-04-25
The County argues Does 2—5 should be dismissed because there are no allegations the Complaint relating to them. In response, Plaintiffs concede there are no facts supporting the causes of action against Does 2—5, but argue dismissal would be premature because the extent of their involvement is not known. (Opp’n 19:16—20.) The lack of factual support is not a basis for avoiding dismissal.Read the full opinion on CourtListener →
Section 1983 requires a defendant sued for money damages to have been personally involved; supervisory authority alone is insufficient.
Barthelemy v. Quiros · filed 2022-04-25
Moreover, to the extent that Barthelemy has chosen to name Commissioner Quiros due to his supervisory role at the DOC, a claim for money damages under section 1983 requires a showing of personal involvement by the named defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional deprivation.
Rucker v. Swanson · filed 2022-04-25
Relatedly, to state a § 1983 claim, Rucker 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 plaintiff to identify a defendant personally responsible for the alleged violation.
Comparato v. Smith · filed 2022-04-25
Because plaintiff has not alleged any defendant was responsible for the use of force against him on May 1, 2020, these allegations will be dismissed on initial review.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be directly responsible for the alleged deprivation of rights; naming a defendant without linking that person to the deprivation does not establish personal liability.
Koonce v. Satterfield · filed 2022-04-25
Plaintiff fails to allege direct responsibility for a deprivation of rights by any named defendant, as required for personal liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify a defendant personally involved in the alleged deprivation of rights.
Griffith v. Clarkstown Police Dept. · filed 2022-04-25
Plaintiff cannot proceed on a claim under 42 U.S.C. § 1983 without identifying who deprived him of the associated right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff bringing an individual capacity claim to show that each defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Fayed v. Allison · filed 2022-04-26
Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the alleged deprivation of a federal constitutional right.
(PC) Lollis v. Zell · filed 2022-04-26
Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right.
Trujillo v. Abraham · filed 2022-04-26
Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.” Sanville, 266 F.3d at 740 (quoting Chavez v. Ill. State Police, 251 F.3d 612, 651 (7th Cir. 2001)).Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement to impose individual liability for deliberate indifference.
Bostick v. Byrd · filed 2022-04-26
The requirement, for liability to attach to a particular defendant on a deliberate-indifference claim under Section 1983, of that defendant’s personal involvement typically arises in the context of a plaintiff asserting a Section 1983 claim against a supervisor.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s actions and the alleged deprivation of rights.
(PC) Green v. Lacebal · filed 2022-04-27
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 claims against an individual defendant require allegations of that defendant’s personal involvement in the deprivation of the plaintiff’s rights.
Williams v. Madigan · filed 2022-04-27
Additionally, to the extent that Plaintiff brings her claims against Defendant Madigan in his individual capacity, her claims fail because she has failed to allege a constitutional violation or Defendant Madigan’s personal involvement in the deprivation of her rights.Read the full opinion on CourtListener →
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.
Clemons v. Basham · filed 2022-04-27
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation.
SIMMONS v. GIANETTA · filed 2022-04-27
Because Simmons fails to allege that Defendant McHolland had any personal involvement in the alleged violation of his constitutional rights, the claims against him will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation; a defendant cannot be held liable without personal involvement.
(PC) Smith v. Allison · filed 2022-04-28
The complaint fails to identify any actions by defendants Newsom, Diaz, and Baughman. 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, Rizzo v. Goode, 423 U.S. 362, 371, 376 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980), and plaintiff has not alleged any facts showing the necessary personal involvement by any of these defendants.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a mayor solely because of his position; personal involvement is required.
Newman v. Purzycki · filed 2022-04-28
There is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 claims against a defendant must allege conduct by that defendant; naming a defendant without alleging any conduct fails to state a claim.
Milam v. Dunbar · filed 2022-04-28
Because neither the complaint nor the amended complaint contains any allegations against Defendant Robertson, the City of Jamestown, or the City of Russell Springs, Plaintiff’s claims against them must be dismissed for failure to state a claim upon which relief may be granted.Read the full opinion on CourtListener →
Section 1983 does not support a claim against a defendant when the complaint alleges no conduct by that defendant.
Watson v. Wells · filed 2022-04-29
At the outset, Watson does not allege anything against Jason Wells, Lisa Luchun, Kristina Dietz, and Paul Kemper. So, they are dismissed.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged deprivation of rights.
Bernal v. Cruz · filed 2022-04-29
Second, Section 1983 predicates liability on personal involvement in an alleged deprivation.Read the full opinion on CourtListener →
Section 1983 does not make officials liable for merely denying grievances when they did not cause or participate in the underlying conduct.
Powell v. Sitzman · filed 2022-04-29
Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional violation underlying a claim.
Maus, Brian v. Boughton, Gary · filed 2022-04-29
I will focus on the specific actions of each defendant and consider whether they were personally involved in violating Maus’s rights. See Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995) (constitutional claims under 42 U.S.C. § 1983 must be based on a defendant’s personal involvement in the violation).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant to an act or omission that violated the plaintiff’s federal rights.
(PC) Ayala v. Redman · filed 2022-04-29
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. ... However, plaintiff fails to link defendant Labarbera to any specific act of excessive force. Absent such linkage, he has failed to state a claim against this defendant.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s specific conduct; merely naming a defendant without alleging involvement fails to state a claim.
Mims 838715 v. Simon · filed 2022-04-29
Plaintiffs sue Defendant Luther, but their complaint is completely devoid of any allegations regarding him. Where an individual 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 permits individual claims against prison officials when the complaint alleges that each defendant knew of and deliberately disregarded a risk to the plaintiff’s safety.
Taylor v. Morgan · filed 2022-04-29
Finally, defendants contend that plaintiff’s allegations fail because there are no facts describing defendants’ personal involvement, and that there are no allegations showing defendants were personally involved in a constitutional deprivation. The Court disagrees with this statement. ... Liberally construing his allegations, plaintiff has presented sufficient facts to show that each individual defendant knew of the risk posed by plaintiff's cellmate, and deliberately disregarded it.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each individual defendant personally violated the plaintiff’s rights.
Allen v. Waters · filed 2022-04-29
To avoid dismissal, plaintiff is required to allege facts describing how each individual defendant violated his rights.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the underlying unconstitutional conduct; failing to address a prisoner’s later complaints does not establish liability.
PUMBA v. Madrid · filed 2022-04-29
Furthermore, Sergeant Gonzalez and Sergeant Volpe’s alleged failure to address Pumba’s complaints does not provide a basis for concluding that they were personally involved in the underlying events that give rise to Pumba’s constitutional claims.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s acts and that deprivation.
(PC)Haggerty v. Lynch · filed 2022-05-02
This allegation does not state a claim for relief, because an individual defendant is not liable under § 1983 unless the facts establish the defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s acts and the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires an individual-capacity plaintiff to link each defendant’s own act or omission to the alleged deprivation; supervisory status alone does not establish liability.
(PC) Hernandez v. Covello · filed 2022-05-02
Since a government official cannot be held liable under a theory of vicarious liability in Section 1983 actions, plaintiff must plead sufficient facts showing that the official has violated the Constitution through his own individual actions by linking each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff's federal rights.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Bonderer v. El Dorado County Jail · filed 2022-05-02
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 defendant’s personal involvement in the alleged constitutional violation; routine review of inmate grievances is insufficient to establish personal liability.
Robinson v. Lamb · filed 2022-05-02
Finally, the Court finds that Defendants Benton and Baldwin are far too removed to find any personal liability based on their responses to Plaintiff’s grievances.Read the full opinion on CourtListener →
Sending a grievance to a prison supervisor generally does not establish the knowledge needed to show personal involvement under § 1983.
MCKINNEY v. RYAN · filed 2022-05-02
It is well established, however, that the filing of a grievance is generally not sufficient to show the actual knowledge necessary for personal involvement.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the alleged constitutional violation.
Virgarrett v. Vigil · filed 2022-05-02
Plaintiff must allege some personal involvement by an identified official in the alleged constitutional violation to succeed under § 1983. ... Therefore, under either the Rule 12(b)(6) or § 1915(e)(2)(B) standards, the Complaint fails to state a § 1983 claim against Defendants Vigil, Ortic, Jaslyn, or Perez.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an official individually to allege that official’s own conduct violated the Constitution; supervisory authority alone does not establish liability.
Babyrev v. Belfi · filed 2022-05-02
Here, Petitioner has not alleged facts sufficient to establish liability under Section 1983 against the individual official-Defendants. The Supplemental Pleading proffers numerous allegations relating to an alleged lack of social distancing at KFPC, but fails to allege, with any specificity, actions by the individual official-Defendants that have violated Babyrev’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation.
HAINEY v. CARNEY · filed 2022-05-02
In a §1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege facts connecting the named defendant to the claimed deprivation of rights.
Dillard v. Stanley · filed 2022-05-03
In fact, Dillard fails to allege any fact against Mrs. Stanley. Therefore, Dillard has failed to state a cognizable claim against Mrs. Stanley.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to the alleged constitutional violation; supervisory status alone does not establish liability.
Cruz v. Richards · filed 2022-05-03
Because plaintiff has failed to allege any facts linking responsibility to Richards or to anyone, he has failed to plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.Read the full opinion on CourtListener →
Section 1983 requires facts plausibly connecting specific individuals to the alleged constitutional violation.
Hudson v. San Diego Sheriff's Department · filed 2022-05-03
While some of Plaintiff’s claims are serious, his factual allegations, or lack thereof, are too vague for the Court to find that he stated a claim against any specific individual.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the alleged constitutional deprivation to be personally liable.
Campbell v. Hassell · filed 2022-05-03
Without any evidence that Sheriff Hassell and Jailer Holcomb caused or participated in these incidents, they cannot be held liable under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts connecting each individual defendant to the alleged deprivation of rights; allegations against defendants as a group do not establish personal liability.
Danner v. Doe 1 · filed 2022-05-03
Individual liability in a 42 U.S.C. § 1983 case is personal. ... In any event, plaintiff makes no effort to establish a causal link between any individual and the violation of his constitutional rights. That is to say, he treats all the defendants as a single group, without any factual allegations describing what each particular person did or did not do to harm him. This is not sufficient to assert each defendant’s personal responsibility for harming him. Therefore, for this reason as well, plaintiff’s individual capacity claims must be dismissed.Read the full opinion on CourtListener →
Section 1983 claims against a defendant fail when the complaint alleges no facts about that defendant’s conduct.
Aguilera v. City of Las Cruces · filed 2022-05-03
The Court dismisses the claims against Defendants City of Las Cruces, Miyagishima, Dominguez and Gamez because there are no factual allegations in the Second Amended Complaint regarding Defendants City of Las Cruces, Miyagishima, Dominguez and Gamez.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory authority or participation in the grievance process alone is insufficient.
Williams v. Clark · filed 2022-05-04
We agree with the District Court’s assessment that Williams failed to state an Eighth Amendment claim against defendants Clark, Ennis, Jones, Varner, and Moore. As the District Court noted, Williams either failed to allege any personal involvement on the part of these defendants or alleged only supervisory authority and/or participation in the grievance process. Such allegations are insufficient to establish the personal involvement necessary to state a claim of deliberate indifference.Read the full opinion on CourtListener →
A § 1983 excessive force claim against a control room officer cannot survive summary judgment on speculation that he witnessed the force or could have intervened.
Williams 124345 v. Winget · filed 2022-05-04
Plaintiff’s unsupported assertions are therefore insufficient to create a genuine issue of material fact about whether Defendant Tribolet witnessed the May 9, 2018 incident or that he was in a position to intervene in the incident and failed do so.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation before liability can attach.
(PC) Ellis v. Acob · filed 2022-05-04
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 suing a defendant individually to allege facts showing the defendant was personally responsible for the deprivation.
Howell v. Kennon · filed 2022-05-04
If plaintiff is suing a defendant in an individual capacity, she is required to allege facts demonstrating the personal responsibility of the defendant for harming him.Read the full opinion on CourtListener →
A § 1983 complaint must allege how each defendant was personally involved in or directly responsible for a deprivation of rights.
Wraggs v. State of Missouri · filed 2022-05-04
Because Plaintiff fails to provide any allegations as to how each named defendant was directly responsible for a deprivation of his rights, Plaintiff’s amended complaint fails to state a valid § 1983 claim against any of the four defendants.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation; a supervisory position alone is insufficient.
Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives · filed 2022-05-04
In fact, the Complaint at paragraphs 80, 94, and 207 contain all of Plaintiff’s conclusory allegations as to the Individual Defendants and do not establish the personal involvement necessary to state a claim for relief against any of them under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make an official liable for another official’s actions.
Sutherland v. Akins · filed 2022-05-04
Dr. Shaw is not liable under §1983 for the alleged actions of another official.Read the full opinion on CourtListener →
Section 1983 requires a defendant official’s personal involvement in the alleged deprivation for individual liability.
Harley v. Fields · filed 2022-05-05
Personal liability in an action brought pursuant to 42 U.S.C. § 1983 hinges upon the defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional violation or to have committed acts causally connected to it.
Blackmon v. Adams County, MS · filed 2022-05-05
To be liable under 42 U.S.C. § 1983, “a defendant must either be personally involved in the constitutional violation or commit acts that are causally connected to the constitutional violation alleged.” ... Therefore, the Court finds that Plaintiffs failed to allege any personal involvement by the individual Defendants relevant to their unequal pay claims or the new list of attorneys utilized by the court after the Board abandoned its plan to establish an Office of Public Defender.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional violation.
CLARK v. THE WARDEN AND ALL PRISON GUARDS · filed 2022-05-05
In a § 1983 action, the personal involvement of each defendant in the alleged constitutional violation is a required element, and, therefore, a plaintiff must allege how each defendant was involved in the events and occurrences giving rise to the claims.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between each defendant’s actions and the claimed deprivation.
(PC) Cross v. Meza · filed 2022-05-06
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.Read the full opinion on CourtListener →
Section 1983 requires allegations linking each defendant to the claimed constitutional deprivation.
Washington v. California Department of Corrections & Rehabilitation · filed 2022-05-06
Plaintiff also identifies the prison and the Correctional Peace Officers Association union as Defendants, but does not include any specific allegations linking them to the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional violation to impose individual liability.
De Gomez v. Adams County · filed 2022-05-06
In this case, Plaintiff has presented no evidence that Sheriff Reigenborn had any personal participation in Mr. Gomez Ciprez’s incarceration or medical care.Read the full opinion on CourtListener →
Section 1983 requires evidence that each defendant was personally involved in the alleged constitutional deprivation; mere presence at the scene is insufficient.
Moss v. Schimp · filed 2022-05-06
Similarly, here, Moss has not satisfied § 1983’s personal responsibility requirement as to Cleek or Hustedde.Read the full opinion on CourtListener →
Section 1983 requires allegations that each individual defendant was personally involved in the deprivation of a constitutional right.
Pate v. Shawnee CC · filed 2022-05-06
Because Plaintiff fails to allege specific acts of wrongdoing by the individual defendants and facts suggesting personal involvement as required for § 1983 liability, he fails to state a viable claim.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting each defendant to the alleged deprivation; alleging only that their actions led to it is insufficient.
Anderson v. Puckett · filed 2022-05-06
There are no factual allegations to suggest that Brookhart or Williams were aware that Anderson was denied access to correspondence. Instead, Anderson merely alleges that Defendants’ actions led him to be denied access to correspondence which is not enough.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each defendant responsible for the alleged deprivation of rights.
Otte v. Randolph County Jail Staff · filed 2022-05-06
However, he has failed to specifically identify the particular defendants who he believes failed to provide him care at the Randolph County Jail, which is required in order to state a claim under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged violation, including defendants in supervisory positions.
Graesser v. LoVallo · filed 2022-05-06
Because personal involvement is a prerequisite to liability under section 1983, Graesser has failed to state a viable section 1983 claim against Chairman VanRensselaer.Read the full opinion on CourtListener →
Section 1983 generally does not make a prison official liable solely for involvement in the grievance process.
PUMBA v. LEHIGH COUNTY JAIL ADMINISTRATION · filed 2022-05-06
A prison official’s involvement in the grievance process, alone, is generally insufficient to establish the requisite personal involvement for liability under section 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on an official whose only involvement was reviewing a grievance after the alleged violation.
Terantino v. Fortson · filed 2022-05-06
The problem for Terantino, however, is that involvement in the post-incident grievance process alone does not give rise to Section 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation; conclusory allegations are insufficient.
Ramey v. Marsh · filed 2022-05-06
These allegations are conclusory and do not demonstrate Defendants’ personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not impose damages liability on staff for failing to prevent a constitutional harm they did not know about.
Walker v. DeHaan · filed 2022-05-09
Staff cannot be liable for failing to protect him from a harm that they did not know about. See Williams v. Shah, 927 F.3d 476, 482 (7th Cir. 2019) (explaining that a defendant is liable for damages under §1983 only if the constitutional deprivation occurred at the defendant’s behest or with her knowledge and consent).Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.
(PC) Goodbar v. Paldara · filed 2022-05-09
There can be no liability under 42 U.S.C. § 1983 unless ... there is some affirmative link or connection between a defendant’s actions and the claimed ... deprivation.Read the full opinion on CourtListener →
A Section 1983 claim against an individual defendant requires plausible allegations of that defendant’s personal involvement in the constitutional violation.
Busch v. Howard · filed 2022-05-09
In order to allege a violation under § 1983 against an individual defendant, a plaintiff must further plausibly allege the defendant’s personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation.
Schulz v. Adelmann · filed 2022-05-10
Nor can the Court reasonably infer that the individual defendants knew what food Schulz was given or had any authority to change the menu.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s conduct to the alleged deprivation of federal rights.
Hill v. Weaver · filed 2022-05-10
Plaintiff also must link every defendant with his allegations of deliberate ... indifference to his health and safety needs so as to show how each defendant actually and proximately caused the deprivation of ... plaintiff’s federal rights of which he complains. ... Plaintiff has failed to correct the aforementioned deficiencies.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly allege an individual defendant’s personal involvement in the constitutional violation.
WARREN v. WEXFORD OF INDIANA, LLC · filed 2022-05-10
Mr. Warren's lone allegation against Ms. Wilson is not enough to plausibly allege she was personally involved in any constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires each named defendant to have personal knowledge of and involvement in the alleged constitutional violation.
Bassette v. Corizon Health · filed 2022-05-11
Each named defendant in a § 1983 complaint must have had personal knowledge of and involvement in the alleged violations of plaintiff's constitutional rights for the action to proceed against that defendant.Read the full opinion on CourtListener →
Section 1983 does not make an official liable simply for denying a grievance.
Johnson v. Reed · filed 2022-05-11
Further, Reed cannot be liable simply for denying his grievances.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability.
Chest v. Merriman · filed 2022-05-11
Further, Plaintiff has not sufficiently alleged that each defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s specific conduct; merely naming a defendant does not state a claim.
Mims 838715 v. Davids · filed 2022-05-11
Where an individual 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 facts connecting each defendant to the alleged unconstitutional conditions.
SANSEVERO v. COUNTY OF MERCER · filed 2022-05-11
He does not provide any allegations suggesting that any particular named Defendant saw the conditions, was directly informed of them by Plaintiff or other inmates, nor any facts which would support an inference of deliberate indifference. Plaintiff’s deliberate indifference claims must be dismissed without prejudice as a result.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; reporting suspicious activity that leads to a disciplinary hearing does not, by itself, establish that involvement.
Chavez v. Gutwein · filed 2022-05-11
As the Court stated in the 2021 Opinion, “[i]t is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show the defendant’s personal involvement in the alleged constitutional deprivation.” ... “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.” (2021 Op. 11.) Accordingly, Plaintiff’s claims against Lurch are dismissed.Read the full opinion on CourtListener →
Section 1983 requires a government official’s personal involvement in the alleged constitutional violation; supervisory status alone does not establish liability.
Collins v. Belzer · filed 2022-05-11
There is no record evidence that Stirling’s individual actions violated Plaintiff’s rights nor of Stirling’s personal involvement in the conduct that Plaintiff alleges resulted in a constitutional violation. “Government officials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). “Because vicarious liability is inapplicable to [ ] § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Id. The Magistrate Judge recommends dismissing the claims against Stirling and the Court adopts the recommendation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional violation.
Cambronero v. Meli · filed 2022-05-12
Accordingly, because Cambronero concedes that Meli was not personally involved in any alleged constitutional violation, she is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 permits claims against defendants who personally participated in a substantial way in the alleged deprivation of constitutional rights.
(PC) Coleman v. California Department of Corrections · filed 2022-05-12
Plaintiff is cautioned that any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability; a plaintiff must allege facts showing each defendant’s participation in the claimed violation.
Manners, Sr. v. Fogan · filed 2022-05-12
Because there is no vicarious liability for § 1983 claims, Love-Lane v. Martin, 355 F.3d 766, 782 (4th Cir. 2004), Manners’s claims may proceed only if he identifies the individuals responsible for each of these alleged actions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a warden’s general authority and response to a grievance he cannot resolve do not establish it.
Lopp 654488 v. Washington · filed 2022-05-12
Under the cases cited by Plaintiff in his addendum and relevant case law from the Sixth Circuit, such action is not sufficient to show personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s own unconstitutional conduct; supervisory status or a mere failure to act does not establish liability.
Page 231855 v. Blemke · filed 2022-05-12
A claimed constitutional violation must be based upon active unconstitutional behavior. ... Here, Plaintiff has not alleged any facts suggesting that Defendant Trotter personally engaged in unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting each defendant personally to the claimed violation; a conclusory assertion that defendants contributed to an injury is insufficient.
Bridges v. The State of New York Correctional Services · filed 2022-05-12
Lastly, Plaintiff generally claims State Defendants’ actions or inactions contributed to the injury caused by Dr. Janis without any elaboration. (Id. ¶¶ 36, 52.) These conclusory statements do not survive dismissal.Read the full opinion on CourtListener →
Section 1983 requires a complaint to identify the actions each defendant allegedly took in violating the plaintiff’s rights.
YAKE v. MECHOLSKY · filed 2022-05-13
More must be alleged in the complaint, although Plaintiff need not plead every detail, he must generally plead the discrete actions taken by each defendant that constitute deliberate indifference to his serious medical needs.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Pearson v. New York State · filed 2022-05-13
Any claims pressed against Morris, Halstead, or Broeckel are, accordingly, dismissed for want of personal involvement.Read the full opinion on CourtListener →
A § 1983 complaint must allege specific facts against each named defendant.
Saddozai v. Atchley · filed 2022-05-16
Lastly, Plaintiff fails to allege specific facts against each named Defendant. ... Accordingly, these Defendants should be dismissed from this action for failure to state a claim against them.Read the full opinion on CourtListener →
Section 1983 does not make an official liable merely for denying a grievance about misconduct the official did not cause or participate in.
Bush v. Shah · filed 2022-05-16
Defendants cannot be liable simply for denying grievances.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Rhoades v. Wills · filed 2022-05-16
But Rhoades fails to indicate how any of the defendants were personally involved in his care. Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014) (A claim pursuant to Section 1983 requires personal involvement in the alleged constitutional deprivation.).Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the deprivation of a constitutional right.
Prindable v. Briggs · filed 2022-05-16
And 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 →
Section 1983 requires evidence that an individual defendant was involved in the alleged retaliation.
RAMIREZ v. LORA · filed 2022-05-16
I also find that there is no record evidence that Chief Guzman bore any responsibility for the alleged retaliatory non-promotion, and therefore grant summary judgment on all counts in favor of Guzman.Read the full opinion on CourtListener →
Notes 77101–77250 of 89,157, oldest cases first.
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