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 a defendant to be personally involved in the alleged deprivation of rights.
Villalobos v. Captain Smith · filed 2022-05-16
As will be explained, viewed in a light most favorable to Villalobos, he has plausibly alleged a claim for relief under section 1983 against defendants Smith, Ologun and Small but not as to Deputy Warden Walker, who was not personally involved in the events giving rise to liability.Read the full opinion on CourtListener →
Section 1983 requires an official’s personal involvement in the alleged constitutional violation; a place in the chain of command is insufficient.
Mancia v. Annucci · filed 2022-05-16
To establish liability against an official under § 1983, a plaintiff must allege that individual’s personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the chain of command.Read the full opinion on CourtListener →
Section 1983 does not make prison complaint reviewers liable for coworkers’ constitutional violations merely because they rejected a grievance about the conduct.
Shaw v. Mays · filed 2022-05-17
But complaint examiners may not be held responsible for the constitutional failings of their coworkers unless doing so results in its own constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to cause or participate in the alleged violation; a warden is not liable without a role in the challenged conduct.
Shaw v. Frazier · filed 2022-05-17
It is well settled that “[o]nly persons who cause or participate in the violations are responsible” for the constitutional rights violations. ... Plaintiff has not alleged that Kemper had any role in his medical assessment or housing placement. Thus, the claim against him will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC) Cortinas v. Neel · filed 2022-05-17
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 for that defendant to be liable.
(PC) Brown v. Berumen · filed 2022-05-17
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 plausible allegations that the named defendants personally participated in the alleged misconduct.
Byers v. Vester · filed 2022-05-17
Further, plaintiff fails to allege facts plausibly suggesting that the named defendants personally participated in the July 2020 food-poisoning incidents or in any decision to screen inmates for disease.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement in the alleged deprivation; identifying an official by job title alone is insufficient.
Stellmacher v. Hepp · filed 2022-05-18
Plaintiffs fail to state claims against the remaining Defendants, most of whom are merely identified by job title without any allegations of direct involvement in the facts at issue.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to support a damages claim.
Peters v. Doe · filed 2022-05-18
“[I]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Therefore, due to the lack of allegations of personal involvement, the claims for use of excessive force are dismissed against all Defendants and the claims for failure to protect are dismissed against Mills and Brann.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish individual liability.
Benton v. Department of Corrections · filed 2022-05-18
Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part’ in the alleged misconduct.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations of each defendant’s personal involvement; vague claims that a prisoner requested a particular diet during cell visits do not suffice.
Wise v. Inmate Grievance Coordinator Solomon · filed 2022-05-18
First, his vague and conclusory allegations that he spoke to the defendants when they came by his cell and requested a heart healthy diet do not plausibly allege personal involvement by the defendants. ... Accordingly, after a thorough review of the Report and Recommendation and the record in this case, the Court adopts the Report and Recommendation and incorporates it herein.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials who merely review grievances after an alleged deprivation and played no role in causing it.
Ferebee v. Manis · filed 2022-05-19
These defendants merely addressed his after-the-fact complaints and grievances about delay of his copies and legal mail. They played no role in causing delay of copies or mail, which in turn, did not adversely affect Ferebee’s litigation efforts at all.Read the full opinion on CourtListener →
Section 1983 permits a claim against an officer to proceed when sworn allegations create a factual dispute over his personal involvement in the alleged violation.
Tyrone Martin v. Secretary Pennsylvania Departm · filed 2022-05-19
The District Court also erroneously concluded that Defendant Barger was not personally involved in the altercation. In reaching this conclusion, the court appears to have resolved a dispute in favor of the Defendants; Martin alleged under penalty of perjury that Barger “after arriving on the scene punched, kicked and verbally assaulted” him.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual liability to plead the defendant’s personal involvement in the alleged constitutional deprivation.
Allen v. New York State Department of Corrections and Community Supervision · filed 2022-05-19
Accordingly, Defendant Administrators’ motion to dismiss Salotti, Hammer, Dinello, and Mueller for lack of personal involvement is denied.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s direct and personal involvement in the constitutional deprivation.
Andrews v. All of the officers in E-North · filed 2022-05-19
To state a claim under § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged wrong.
ROBINSON v. KIRSCH · filed 2022-05-19
While Robinson subsequently told the Berks County Jail medical department that Einstein Medical Center had his EMG results, there is no evidence in the record either Kirsch or Wilkinson received this message. See (ECF 53 at 27); Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (§ 1983 defendants must have “personal involvement in the alleged wrongs”).Read the full opinion on CourtListener →
Section 1983 requires specific factual allegations connecting each defendant to the alleged violation; conclusory allegations do not state a claim.
McDonald 683838 v. Betkie · filed 2022-05-20
Conclusory allegations of unconstitutional conduct without specific factual allegations fail to state a claim under § 1983.Read the full opinion on CourtListener →
Section 1983 personal-capacity liability requires the defendant to cause or participate in the alleged constitutional violation.
Shaw v. Kemper · filed 2022-05-23
Plaintiff’s allegations as to the warden, Kemper, in his personal capacity, must be dismissed. It is well settled that “[o]nly persons who cause or participate in the violations are responsible” for the constitutional rights violations. George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007). Plaintiff has not clearly alleged that Kemper had any role in his medical assessment or housing placement.Read the full opinion on CourtListener →
Section 1983 requires a complaint to explain what each named defendant did to violate the plaintiff’s constitutional rights.
Rose v. Thews · filed 2022-05-23
In sum, Mr. Rose’s allegations are deficient because he hasn’t explained what each of the eight defendants he named in his complaint did that violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 personal liability requires a defendant’s personal involvement in the alleged wrongdoing.
WAKEFIELD v. WETZEL · filed 2022-05-23
To establish personal liability against a defendant in a section 1983 action, the defendant must have personal involvement in the alleged wrongs. That is, the state actor must have played an affirmative part in the alleged misconduct to be subject to liability.Read the full opinion on CourtListener →
Section 1983 does not make a prison official liable for denying a grievance if the official did not cause or participate in the underlying conduct.
Lewis v. York · filed 2022-05-24
The plaintiff cannot proceed on a claim against Moon, the institution complaint examiner. 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 allegations of each defendant’s personal involvement; referring to defendants collectively does not adequately state a claim.
Bailey v. C.O. James · filed 2022-05-24
Petitioner’s general reference to “[r]espondents” in his allegations does not adequately state a civil rights claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional deprivation.
Herbert v. Ginty · filed 2022-05-24
Because Plaintiff fails to plead personal involvement under § 1983, the Court need not consider the objective and subjective prongs with respect to the alleged shower conditions.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional deprivation; bare allegations are insufficient.
Anderson v. Williams · filed 2022-05-24
The Report sets forth the relevant facts and legal standards, which this court incorporates herein without a full recitation. ... Clarifying that bare allegations of unconstitutional acts were “insufficient to establish the requisite personal involvement for purposes of § 1983,” the Magistrate Judge explained that claims of mere negligence of prison officials, even with regard to serious injuries, could not support a deliberate indifference claim under § 1983. ... Thus, after a thorough review of the record, the court ACCEPTS the Magistrate Judge’s Report and Recommendation (ECF No. 11) and DISMISSES Plaintiff's Complaint (ECF No. 1) without prejudice.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify what each defendant did or failed to do and how that conduct violated the plaintiff’s constitutional rights.
Estate of Tomas Beauford v. Correct Care Solutions · filed 2022-05-25
It is the Estate’s burden under § 1983 to establish what each defendant actually did and how that act (or omission) violated Mr. Beauford’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement; alleging that officials created a policy is insufficient without facts showing they knew of and disregarded a risk it created.
PASQUERELLO v. MURPHY · filed 2022-05-25
However, Plaintiffs fail to establish personal involvement premised on the establishment of the Policy because Plaintiffs fail to identify a specific policy or practice that the State Defendants failed to employ, and Plaintiffs fail to plead sufficient facts for the Court to infer reasonably that the State Defendants knew of and disregarded a specific risk of harm that the Policy created.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; vicarious liability alone is insufficient.
Dukes v. Mohl · filed 2022-05-25
Even if Dukes could rely on the allegations in his second amended complaint, which he cannot do at summary judgment,48 those allegations sound in vicarious liability and do not establish personal involvement by Albert in the alleged Eighth Amendment violation.49 The Court therefore must grant judgment in Albert’s favor on Dukes’ Eighth Amendment claim.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when a state actor personally participated in the alleged misconduct.
Mehl v. Smith · filed 2022-05-25
Under 42 U.S.C. § 1983, individual liability may be imposed only if the state actor played an affirmative part in the alleged misconduct.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant’s conduct to a rights violation; naming a defendant only in the complaint’s caption is insufficient.
Gipson v. Benzel · filed 2022-05-26
Naming the defendants in the caption of the complaint without alleging what they did to violate the plaintiff’s rights is not enough to hold them liable under §1983.Read the full opinion on CourtListener →
Section 1983 requires factual allegations that causally connect a defendant to the alleged deprivation of rights.
Walker v. Watson · filed 2022-05-26
This does not satisfy the requirement that a complaint contain enough factual information to causally connect Defendant Lamilla to the alleged wrongdoing or deprivation of rights that Plaintiff alleges.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for individual liability; receiving a prisoner’s letters about medical care does not by itself make an official liable.
Taylor v. Carter · filed 2022-05-26
Liability under 42 U.S.C. § 1983 is based on personal responsibility, and a defendant “cannot be hit with damages under §1983 for not being ombudsmen.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for damages liability; merely submitting a letter to the court about a pistol license did not establish that involvement.
Dubois v. Beaury · filed 2022-05-27
We have long held that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (internal quotation marks omitted). Where, as here, DA Czajka did nothing more than submit a letter to Justice Nichols and Judge Richard M. Koweek of the County Court, he cannot be held to have “committed” or have been “personally involved” in the alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to allege how each defendant personally participated in the asserted constitutional violation.
Coleman v. Cunningham · filed 2022-05-27
Mr. Coleman’s amended complaint must include allegations describing how each defendant against whom he seeks damages under section 1983 participated in the asserted constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the wrongful conduct for liability.
Mai v. Metzger · filed 2022-05-27
Liability in a 42 U.S.C. § 1983 action is personal in nature; to be liable, a defendant must have been personally involved in the wrongful conduct. ... There are no allegations in Counts II, HI, V, VI, or VII directed to any Doe Defendant that indicate personal involvement in violating Plaintiff’s rights. The claims are deficiently pled and, therefore, Counts II, III, V, VI, and VII will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional deprivation.
Smith v. Doe · filed 2022-05-27
It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must allege the defendant’s personal involvement in the claimed constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional violation; supervisory status alone does not establish liability.
Foster v. Crosby · filed 2022-05-31
Simply put, a person cannot be held liable for a constitutional violation under 42 U.S.C. § 1983 unless they were integral participants in the unlawful conduct.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant individually participated in the alleged deprivation of rights.
Sprague v. Jeffreys · filed 2022-05-31
If Sprague wants to proceed with his claims, he will have to allege which Defendants were responsible for the program, and how they individually violated his rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in, or direct responsibility for, the alleged deprivation of rights.
Carroll v. Auman · filed 2022-05-31
Indeed, it is not even alleged that Defendants were responsible for the alleged failure. To establish the personal liability of Defendants, Carroll must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a state actor was personally involved in depriving the plaintiff of civil rights.
Thomas v. Town of Lloyd · filed 2022-05-31
To recover under § 1983, a plaintiff is obliged to establish that the state actor defendant was personally involved in depriving him of his civil rights.Read the full opinion on CourtListener →
A § 1983 claim against an individual official must identify that official’s personal involvement in the alleged violation.
Phillips v. Rodgers · filed 2022-05-31
Even accepting her nonconclusory facts as true, Plaintiff fails to state a plausible claim pursuant to 42 U.S.C. § 1983 because her Amended Complaint, amongst other things, does not identify or describe the actions of officials she seeks to hold personally liable.Read the full opinion on CourtListener →
Section 1983 requires a government official to be personally involved in a constitutional violation to be liable.
Reveles, Michael v. Carr, K. · filed 2022-06-01
To be liable under § 1983, a government official must be personally involved in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; supervisory status alone does not establish liability.
Lawson v. Banta · filed 2022-06-01
The District Court properly granted summary judgment on the basis that neither Banta nor Long had any personal involvement in the alleged interference with Lawson’s ... mail. ... It is well settled, however, that liability under § 1983 may not be based on the doctrine of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly allege a defendant’s personal involvement in the claimed violation.
Jacobs v. City of Philadelphia · filed 2022-06-01
But Jacobs, despite numerous amendments, has not alleged facts plausibly suggesting that Krasner was personally involved as required for claims under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongful conduct.
Mai v. Vanes · filed 2022-06-01
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 →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation.
Rodriguez v. Town of Cicero · filed 2022-06-01
The complaint alleges that in February 2020, Polk was directly involved with that discriminatory and retaliatory treatment when he refused to allow Rodriguez to file a work injury report, Doc. 50 at ¶ 25, which is sufficient at this stage to plead personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead how each government official’s own actions violated the Constitution.
Committe v. Does · filed 2022-06-01
In order to assert a section 1983 claim, the “plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires sufficient facts about each defendant’s conduct to state a claim against that defendant.
Williams, Jr. v. City of New York · filed 2022-06-01
While the SAC refers to these Defendants, it does not allege sufficient facts about their conduct to state a claim under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the wrongdoing; supervisory status alone is insufficient.
OLMO v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS · filed 2022-06-01
Respondeat superior alone does not give rise to § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly allege a defendant’s personal involvement in the claimed retaliation.
Burk v. Wakefield · filed 2022-06-01
Burk, however, has not plausibly described any conduct by Cassol that would demonstrate retaliatory animus, causation, or personal involvement in the retaliatory action. The Court will therefore dismiss the retaliation claim against Cassol but provide leave to amend so that Burk, if he is able, can plead a sufficient factual basis for the retaliation claim against Cassol.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; reviewing or investigating an inmate’s complaint after the fact is insufficient.
WASHINGTON v. WETZEL · filed 2022-06-01
Similarly, involvement in after-the-fact reviews or investigations of inmate complaints is not sufficient to establish the necessary personal involvement under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires an individual-capacity claim against an official to allege that the official participated in the unconstitutional conduct or caused it through a failure to train or supervise.
Challender v. Parmenter · filed 2022-06-01
Challender’s individual capacity claims must allege that each individual defendant either participated in the unconstitutional conduct or caused the conduct to occur through a failure to train or supervise the offending actor.Read the full opinion on CourtListener →
Section 1983 permits a claim against a prison warden whose knowledge of an inmate’s serious medical need and failure to act establish personal participation in a constitutional violation.
HARRIS v. STATE · filed 2022-06-02
Contrary to Williams's assertion, the foregoing shows that the complaint implicated Williams’s personal participation because Harris alleged facts to infer Williams knew of Harris’s need for medical attention, consciously failed to act, and thereby subjected Harris’s health and safety to an excessive risk.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an identified official’s personal involvement in the constitutional violation.
Salazar v. Curry County Detention Center · filed 2022-06-02
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 supervisor’s personal involvement in a constitutional violation; declining to remedy a subordinate’s earlier conduct does not establish liability.
Stoutenger v. Fulton Community Development Agency · filed 2022-06-02
Mayor Michaels was not directly involved in these actions and therefore the fact that she expressed "no interest in remediating the discriminatory treatment," FAC ¶ 100, does not amount to actionable personal involvement.Read the full opinion on CourtListener →
Section 1983 permits a plaintiff to sue officials alleged to have been personally involved in a constitutional deprivation.
Farnsworth v. Davis · filed 2022-06-03
Liberally construed, the proposed second amended complaint alleges that Melvin Davis, Northup (Chief of Security), Alvis (Lead Investigator), Warring (Sergeant), and A. Lanier (Building Supervisor) were personally involved in the alleged failure to protect Farnsworth from being assaulted by Inmate Davis on July 21, 2020. Consequently, to the extent Farnsworth seeks to add Northup, Alvis, Warring, and Lanier as defendants to the existing claim under the Eighth Amendment, the motion to amend is granted.Read the full opinion on CourtListener →
Section 1983 requires plaintiffs to sue the people personally responsible for the alleged violation.
Henderson v. Jess · filed 2022-06-03
In a civil-rights action under 42 U.S.C. § 1983, plaintiffs must sue the people personally responsible for the violation.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in, or causal connection to, the alleged deprivation of rights.
(PC) Luevano v. Jenkins · filed 2022-06-03
An individual defendant is not liable on a civil rights claim unless the facts establish the defendant’s personal involvement in the constitutional deprivation or a causal connection between the defendant’s wrongful conduct and the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting each defendant to the alleged deprivation.
Dohm v. Curry · filed 2022-06-03
First, because Plaintiff does not lodge any factual allegations against Defendant Mathews, this Defendant is subject to dismissal.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in, encouragement of, authorization of, or acquiescence in the alleged retaliatory acts.
Springfield v. Trott · filed 2022-06-03
Greason’s presence, authority, and “smirk[]” does not provide the Court any basis to determine that Greason was responsible for or participated in that decision. Nor does Greason’s failure to remember or act on Plaintiff’s misconduct appeal establish his liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in or causal connection to the alleged constitutional violation.
Richter v. Orenstein · filed 2022-06-06
But Dr. Trost’s involvement in Richter’s dental care is genuinely disputed, as Richter testified that he saw Dr. Trost two or three times, and that those visits included discussion of and requests for dental treatment that Dr. Trost failed to address appropriately.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how a named defendant personally deprived the plaintiff of a constitutional right.
Reed v. Clarke · filed 2022-06-06
I decline to construe Reed’s Petition liberally as raising § 1983 claims, however, because he did not prepay, or agree to pay, the $350 filing fee for such a lawsuit, 28 U.S.C. § 1915(b). In addition, in the heading of his Petition, Reed identifies only Harold Clarke as a defendant, but he fails to state facts showing how this defendant acted personally to deprive him of any constitutionally protected right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each named defendant caused or personally participated in causing the alleged harm.
Corbray v. Herzog · filed 2022-06-06
However, to establish a Section 1983 claim, a plaintiff must allege facts showing how individually named defendants caused, or personally participated in causing, the harm alleged in the complaint.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
(PC) Michl v. County of Butte · filed 2022-06-06
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 specific factual allegations linking each defendant to the alleged misconduct.
Skike v. City of Santa Rosa · filed 2022-06-06
The complaint does not provide any specific details regarding who took her vehicles, when they taken, or why she believes they were seized unlawfully. The complaint must set forth specific factual allegations that, if assumed true, would allow the Court to draw the reasonable inference that each Defendant is liable for the misconduct alleged.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation.
Allen v. Wexford Healthcare Company · filed 2022-06-06
“[T]o be liable under [Section] 1983, an individual defendant must have caused or participated in a constitutional deprivation.” ... Defendants Baker, Clements, and Jeffreys are DISMISSED, without prejudice, for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongs; a conclusory conspiracy allegation does not establish that involvement.
GREEN-BEY v. ATLANTIC COUNTY · filed 2022-06-06
A defendant may only be held liable in a federal civil rights matter where he had personal involvement in the alleged wrongs. ... As Plaintiff only provides a conclusory allegation that any conspiracy exists, he has failed to clearly connect most, if not all, of the Defendants to any of the alleged wrongs, and his claims are deficient for this reason as well.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged violation; supervisory authority alone does not establish liability.
IVY v. WETZEL · filed 2022-06-06
The Amended Complaint does not allege any facts to support an inference that Wetzel personally denied Ivy access to the law library or directed or knowingly acquiesced in such a denial.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement; failing to respond to a letter does not establish it.
McCluskey v. Roberts · filed 2022-06-07
Further, the text of NYSSL § 22 imposes no duty on Roberts to respond to McCluskey’s letters to subordinates, and the allegation that Roberts failed to respond to McCluskey’s letter is not sufficient to plead Roberts’s personal involvement under section 1983.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation of rights.
(PC) Bradford v. Church · filed 2022-06-07
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.Read the full opinion on CourtListener →
Section 1983 liability requires each individual defendant to be personally involved in or responsible for the constitutional deprivation.
Stone v. St. Clair County Jail · filed 2022-06-07
Section 1983 liability hinges on each individual defendant’s personal involvement in or responsibility for the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations of the actions each defendant personally took to cause the plaintiff harm; general allegations against a group do not suffice.
Hoskins v. Bartolotti · filed 2022-06-07
The Court will not allow claims to proceed against Defendants Harriss, ... and Rich because Hoskins did not make sufficient allegations regarding the actions that these individual personally took to cause him harm.Read the full opinion on CourtListener →
Section 1983 requires facts plausibly showing each defendant’s personal involvement in the alleged constitutional violation.
Balentine v. Annucci · filed 2022-06-07
In the absence of factual allegations sufficient to plausibly suggest that McGuire or Stockton were personally involved in conduct that violated Plaintiff’s constitutional rights, the Complaint fails to state a cognizable claim against them.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged misconduct.
Boggs v. Geletti · filed 2022-06-07
Accordingly, the Court must dismiss the claims against Briggs and Wolf for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each named defendant caused or personally participated in causing the alleged harm.
Beadle v. Smolich · filed 2022-06-08
To satisfy the second prong, a plaintiff must allege facts showing how individually named defendants cause, or personally participated in causing, the harm alleged in the complaint.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each defendant personally participated in the alleged constitutional violation.
Roberts v. Florida Department of Corrections · filed 2022-06-08
He wholly fails to allege what each Defendant individually did or failed to do that resulted in his injury. ... To state a plausible claim for relief, Roberts must allege facts showing how each Defendant personally participated in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 individual capacity claims require allegations that each defendant personally participated in the violation of the plaintiff’s rights.
Giddings v. Maryland Correctional Training Center · filed 2022-06-08
For an individual capacity claim to proceed, a plaintiff must allege sufficient personal participation by each defendant to demonstrate that each defendant violated the prisoner’s rights protected under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each defendant’s specific conduct in the claimed violation.
Smith 267009 v. Brock · filed 2022-06-08
Where a person is named as a defendant without an allegation of specific conduct, the complaint is subject to dismissal, even under the liberal construction afforded to pro se complaints.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in or direct responsibility for the alleged deprivation of rights.
Taylor v. Redington · filed 2022-06-08
Plaintiff also fails to allege facts demonstrating any defendant’s personal involvement or direct responsibility for any allegedly wrongful conduct, as necessary to demonstrate any defendant’s liability under § 1983.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege each defendant’s personal involvement in the alleged constitutional violation.
Hernandez v. Keeney · filed 2022-06-08
And, in order for a plaintiff to allege a deprivation of a constitutional right under either Bivens or §1983, the plaintiff must allege the personal involvement of each defendant.Read the full opinion on CourtListener →
A § 1983 complaint must allege each defendant’s personal involvement in the claimed violation.
MITCHELL v. JONES · filed 2022-06-08
As pointed out in the Report and Recommendation, in order to state a viable claim under the law, Plaintiff must allege the personal involvement of each Defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Washington v. U.S. Department of Homeland Security · filed 2022-06-08
Defendants did not walk the K-9 around the vehicle, perform the search of Washington’s car, or seize or possess any money or property from Washington. Thus, even if a constitutional violation occurred, Schifferle faces no liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; succeeding a defendant in office alone does not establish liability.
Matthews, Edward v. Mahoney, David · filed 2022-06-09
This is not a mere technicality, since 42 U.S.C. § 1983 requires personal involvement by a defendant to proceed with an alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged constitutional violation, including a supervisor’s own conduct.
Milner v. Lamont · filed 2022-06-09
“It is well settled that, in order to establish a defendant’s individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.” ... As with other correctional employees, Milner must show that the supervisor himself violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation.
Haywood v. Wexford Health Sources Inc. · filed 2022-06-09
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, the individual defendant must have caused or participated in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005) (internal quotations and citations omitted).Read the full opinion on CourtListener →
Section 1983 permits a claim against supervisors who participate in a rights violation, direct it, or know of and acquiesce in their subordinates’ violations.
ROTEN v. KLEMM · filed 2022-06-09
The Court finds that Roten has alleged enough to support a §1983 claim against Defendants Trempus, Hawkinberry, and Capozza.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify a defendant personally involved in the alleged deprivation of federal rights.
Blaylock v. Adams · filed 2022-06-09
Because Plaintiff has failed to name any defendant “liable for the misconduct alleged,” he has failed to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the constitutional deprivation, including through her direction or knowledge and consent.
Smith v. Portwood · filed 2022-06-10
As with all constitutional claims, for “a defendant to be liable under section 1983, she must be personally responsible for the alleged deprivation of the plaintiff’s constitutional rights.” Mitchell v. Kallas, 895 F.3d 492, 498 (7th Cir. 2018). The personal involvement requirement can be satisfied if the constitutional deprivation occurs at a defendant’s direction or with her knowledge and consent.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation; employment in a relevant department alone is insufficient, and vicarious liability does not apply.
Trotter (ID 79061) v. Cline · filed 2022-06-10
Conclusory allegations of involvement are not sufficient, and vicarious liability is inapplicable to civil rights claims under § 1983. ... In the Amended Complaint, Plaintiff names Marsha Bos as a defendant, but he fails to allege how Bos personally participated in the deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant to an affirmative act or omission that violated the plaintiff’s federal rights.
Williams v. The People of the State of California · filed 2022-06-13
In order to state a claim for relief under section 1983, plaintiff must link each defendant with some affirmative act or omission demonstrating a violation of Plaintiff’s federal rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege conduct by a defendant that caused the deprivation of a federal right.
Dula v. DeMatteis · filed 2022-06-13
When bringing a § 1983 claim, a plaintiff must allege that some person has deprived him of a federal right, and that the person who caused the deprivation acted under color of state law. ... In addition, the Amended Complaint does not allege conduct by any named Defendant that led to the denial of a work assignment.Read the full opinion on CourtListener →
Section 1983 requires facts connecting an individual defendant to the alleged use of force; a vague allegation that the defendant ordered other officers to “pounce” does not suffice.
Hunter v. Mazone · filed 2022-06-13
But likely of more import, Hunter fails to allege sufficient facts connecting Defendant Mazone to the use of force. Notably, Hunter only alleges Defendant Mazone ordered other unnamed officers to “pounce,” which is too vague and conclusory to state a claim for relief.Read the full opinion on CourtListener →
Section 1983 requires a defendant official’s personal involvement in the deprivation of the plaintiff’s civil rights for personal liability.
Che-Adkins v. Mosley · filed 2022-06-13
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 sued in an individual capacity to be personally responsible for the alleged deprivation of rights.
Hill v. Greenwell · filed 2022-06-13
Third, plaintiff has not stated individual capacity claims against defendants Greenwell and Jones, because he has not demonstrated their personal responsibility for any constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a defendant to the alleged deprivation; a claim is insufficient when it does not explain how the defendant participated in the challenged decision.
Fuller v. Ishee · filed 2022-06-13
He fails to explain how the Defendants, who are not medical personnel, had any authority over the medical department, or how they participated in the decision to keep him on a medical diet.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the alleged constitutional violation.
Caiby v. Sorber · filed 2022-06-13
In a Section 1983 action, each defendant must participate in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant individually acted with the requisite deliberate indifference; collective failures of care are insufficient.
Jose Soto, Jr. v. White · filed 2022-06-13
Collective failures of care are not enough; to prevail against any defendant at trial, Soto would need jurors to find that the individual defendant acted with the requisite deliberate indifference.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff claiming denial of access to the courts to allege each individual defendant’s personal involvement in the denial.
Wine v. Mulligan · filed 2022-06-14
To state a viable claim for denial of access to the courts against an indi- vidual defendant pursuant to § 1983, the plaintiff must allege the personal involvement in the alleged denial of access of that particular defendant.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 harm.
Brown v. Ross · filed 2022-06-14
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 constitutional deprivation to establish individual liability.
Veras v. Jacobson · filed 2022-06-14
Moreover, “[i]t is well settled that, in order to establish a defendant’s individual liability in a suit brought under [42 U.S.C.] § 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.” ... The undisputed evidence shows that Jacobson never treated Plaintiff on the date in question, let alone did so in a manner that violates the Eighth Amendment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; supervisory status alone does not establish individual liability.
Payne v. Butts · filed 2022-06-14
The Court finds that Payne fails to allege any personal involvement of the Corrections Defendants and fails to set forth any factual averments that identify how they were involved in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a causal link between each defendant’s actions and the claimed deprivation.
(PC) Jones v. Loterstein · filed 2022-06-15
To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a causal link between each defendant’s actions and the claimed constitutional deprivation.
(PC) Mitchell v. Desimone · filed 2022-06-15
Furthermore, to state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.
Green v. Correctional Emergency Response Team · filed 2022-06-15
The Court dismisses Plaintiff’s individual-capacity claims under Section 1983 against DOCCS Commissioner Annucci and Fishkill Superintendent Burnett for their lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of federal rights.
(PC) Arthur v. Unknown · filed 2022-06-16
Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires facts connecting an individual defendant to the alleged deprivation of rights.
Ramsey v. Precythe · filed 2022-06-16
Nonetheless, there is no indication that Chaplain Reagan bears any responsibility for not allowing him to receive a religious text through the mail.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation of civil rights; conclusory allegations are insufficient.
Wilkins v. Holcolm · filed 2022-06-17
To state a cognizable section 1983 claim, “[a] plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.”Read the full opinion on CourtListener →
Section 1983 requires a connection between each defendant’s actions and the alleged deprivation of rights.
(PC) Littleton v. Montiez · filed 2022-06-17
Section 1983 requires that there be an actual connection or link between the actions of each defendant and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s individual involvement; allegations against an unidentified group do not establish liability.
Abu v. County of San Diego · filed 2022-06-17
A plaintiff cannot attribute liability to a group of unidentified defendants. Instead, she must set forth facts as to each defendant’s alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; merely supervising the officers who acted is insufficient.
Carzoglio v. Abrams · filed 2022-06-17
The Court concludes that the June 8 strip search is not actionable against Defendant in light of his lack of personal involvement.Read the full opinion on CourtListener →
A Section 1983 complaint must identify what each defendant did to violate the plaintiff’s civil rights; an inadequate allegation of a defendant’s personal involvement must be cured by amendment.
Viens v. Nowicki · filed 2022-06-21
Second, the amended complaint must “name every defendant in the caption of the amended complaint,” McKnight, 2021 U.S. Dist. LEXIS 118659, at *7 n.1 (citing Fed. R. Civ. P. 10 (“The title of the complaint must name all the parties . . . .”)), and must clearly state in the body of the complaint what each defendant—typically, a named government employee—did to violate Plaintiff’s civil rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each named defendant personally participated in the deprivation of the plaintiff’s rights.
(PC) Muhammad v. Camp · filed 2022-06-21
Under § 1983, plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.
(PC) Lollis v. Zell · filed 2022-06-21
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 →
A § 1983 claim against an individual defendant requires plausible allegations that the defendant personally violated the plaintiff’s constitutional rights.
Harmon v. Lawson · filed 2022-06-21
In particular, there is nothing in Plaintiff’s Complaint that makes it plausible that either of the County Defendants personally violated her constitution rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s action or legally required inaction to cause the claimed deprivation.
Long v. Sugai · filed 2022-06-21
When applying the first element in a § 1983 case, the burden must have been caused by the individual defendant’s action or inaction—“an affirmative act, participat[ing] in another’s affirmative acts, or omit[ting] to perform an act which he is legally required to do that causes the deprivation of which complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). ... Put differently, Plaintiff has not established by a preponderance of the evidence that Sgt. Sugai was responsible for the denials of non-pork meals—rather, the evidence demonstrates that Sgt. Sugai was merely relaying the message that Plaintiff was not on the meal-accommodations list, a list that Sgt. Sugai neither compiled nor modified.Read the full opinion on CourtListener →
A Section 1983 plaintiff must identify the individuals involved in the alleged deprivation of a federal right.
Johnson v. Rikers Island · filed 2022-06-21
The Court construes Plaintiff’s allegation that she was denied medical care, as asserting a claim under 42 U.S.C. § 1983. ... Plaintiff must name as the defendant(s) in the caption3 and in the statement of claim those individuals who were allegedly involved in the deprivation of her federal right.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant solely for employing or supervising someone who violated the plaintiff’s rights.
Bing v. Annucci · filed 2022-06-21
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.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of a plaintiff’s rights.
Pugh v. Mooney · filed 2022-06-21
We accordingly find that dismissal of the claims against Newton is appropriate given Pugh’s failure to allege Newton’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; denying grievances or supervising alleged wrongdoers alone does not suffice.
Martinez v. Mason · filed 2022-06-21
Martinez’s complaint seeks to hold defendants Mason, White, and MacKnight liable for their denial of his grievances and because they had supervisory authority over the John Doe defendants who allegedly withheld Martinez’s meals from May 15, 2020 to May 20, 2020. (See Doc. 1 at 11-13). Neither theory is sufficient to allege the defendants’ personal involvement.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; a supervisor cannot be held liable for staff conduct in which he was not involved.
Lehn, Angelo v. Reed, Richard · filed 2022-06-22
Finally, to the extent that plaintiff would fault these defendants for failure to take steps to protect him after the February 16, 2017, fight, Deputy Warden Canziani was not involved in Lehn’s subsequent complaints about his safety, so he cannot be held personally liable for Lehn’s claim that staff subsequently mishandled his concerns.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an official individually to allege that official’s personal responsibility for the deprivation of rights.
Allen v. Rodgers · filed 2022-06-22
Second, plaintiff has failed to state individual capacity claims against defendants Rodgers and McMeans, because he has not demonstrated their personal liability for violating his constitutional rights.Read the full opinion on CourtListener →
An individual-capacity claim under Section 1983 requires facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation.
Christian v. Adams · filed 2022-06-22
The Court must also dismiss Plaintiff’s claims under Section 1983 against Mayor Adams in his individual capacity. To state an individual-capacity claim under that statute, a plaintiff must allege facts showing the individual defendant’s direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged violation; supervision alone does not establish liability.
El Dey v. Board of Correction · filed 2022-06-22
An individual may not be held liable under Section 1983 solely because that individual employs or supervises a person who violated the plaintiff’s rights. ... Plaintiff does not allege any facts showing that the Correction Commissioner – the only individual named as a defendant in this action – has been personally involved in any of the alleged violations of Plaintiff’s federal constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials who only deny a grievance without causing or participating in the underlying conduct.
Alvarado v. Burns · filed 2022-06-23
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 allegations connecting each defendant to the claimed deprivation of rights; naming a defendant without allegations against him is insufficient.
Hawk v. Reilly · filed 2022-06-23
However, Hawk may not proceed against Jon Noble, because he does not include any allegations against him.Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the alleged violation.
Compton v. Pittsylvania County Sherriffs Department · filed 2022-06-24
Absent such personal involvement or participation, he has failed to state a claim against either defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right.
Lawson v. Pritzker · filed 2022-06-24
Section 1983 liability is predicated on fault, so to be liable, a defendant must be “personally responsible for the deprivation of a constitutional right.” Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001) (quoting Chavez v. Ill. State Police, 251 F.3d 612, 651 (7th Cir. 2001)). ... Plaintiff fails to plead that any Defendant was personally responsible for the alleged lack of medical care.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Walker v. George · filed 2022-06-24
Moreover, the December 30, 2020 Incident is subject to dismissal for the separate and independent reason that Plaintiff has failed to allege that any of Moving Defendants was personally involved in the incident.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts showing how each defendant personally participated in the alleged constitutional violation.
Crosby v. Centurion of Florida · filed 2022-06-27
To state a plausible claim for relief, Crosby must allege facts showing how each Defendant personally participated in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each individual defendant’s actions and the alleged constitutional injury.
Osterberg v. University of Illinois College of Medicine · filed 2022-06-27
Additionally, all plaintiffs bringing individual capacity suits under § 1983 must establish a causal connection between the defendant’s personal actions and the harm complained of.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for damages liability; acting on an inmate’s grievances can establish that involvement.
Carter v. Akinyombo · filed 2022-06-27
“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Accordingly, the SAC has sufficiently alleged that Defendant Akinyombo was personally involved in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged violation; allegations that officers punched and hit the plaintiff satisfy that requirement.
Bartol v. Arbogast · filed 2022-06-27
These allegations satisfy the threshold element, required under § 1983, that Plaintiff plead the Moving Defendants’ personal involvement in the alleged use of force.Read the full opinion on CourtListener →
Section 1983 requires a complaint to identify each defendant’s involvement and link that defendant’s actions to the claimed deprivation.
(PC) Peterson v. Bowen · filed 2022-06-28
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.Read the full opinion on CourtListener →
Section 1983 requires separate assessment of each officer’s conduct when claims arise from one arrest; an officer who arrived after the alleged injury cannot be liable without evidence of fault.
Wilkins v. Liberto · filed 2022-06-28
When claims are brought against multiple officers in connection with a single arrest each officer’s conduct must be analyzed separately. ... Officer Cook arrived after the incident that Plaintiff alleges injured him. There is no evidence whatsoever to establish fault against him.Read the full opinion on CourtListener →
Section 1983 requires allegations showing what each defendant personally did to violate the plaintiff’s rights.
Gresham 272603 v. Washington · filed 2022-06-28
Plaintiff here has failed to allege with sufficient particularity the facts to demonstrate what each Defendant did, and the allegations therefore fail to support a reasonable inference that each Defendant is liable.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s personal responsibility for the alleged deprivation of rights.
Davis v. Dobbs · filed 2022-06-28
Second, plaintiff has failed to state individual capacity claims against defendants Dobbs and Burton, because he has not demonstrated their personal liability for violating his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires facts plausibly alleging that a defendant caused the claimed deprivation of rights.
Allen v. Diaz · filed 2022-06-29
Plaintiff has not, and it appears clear now that he cannot, set forth facts which plausibly allege any Defendant caused him not to receive an adequate diet for the three-week period he allegedly did without one, or by doing so deliberately ignored a substantial risk to his health or safety.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s personal involvement in the alleged wrongdoing; allegations that group defendants together are insufficient.
DARBY v. NEW JERSEY DEPARTMENT OF CORRECTIONS · filed 2022-06-29
Because Plaintiff has not provided sufficient facts showing that any of these named Defendants were personally involved in the alleged wrongs and has not sufficiently differentiated among the various Defendants, the First Amendment claims are dismissed without prejudice as to Kandell, Falvey, Aversano, Borg, Beaver, Jonaitis, Spratley, Johnson-Rodgers, Lee, and Cruz.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed deprivation of rights.
K.L. Burley, Jr. v. Hilton · filed 2022-06-30
Further, a “[p]laintiff must allege the personal involvement of each [d]efendant to state a claim against them under Section 1983[, 42 U.S.C. § 1983].” Reed v. Chambersburg Area Sch. Dist., 951 F. Supp. 2d 706, 719 (M.D. Pa. 2013) (emphasis added). Here, because Burley did not allege who specifically withheld his mail, nor where or when the mail was withheld, Burley’s argument that the trial court improperly dismissed Count II of the Amended Complaint is without merit.Read the full opinion on CourtListener →
Section 1983 requires personal participation in the alleged deprivation; reviewing and denying a grievance alone does not establish liability for the underlying conduct.
Hodges v. Williams · filed 2022-06-30
Hodges allegations that Pfister reviewed and denied his emergency grievance, however, do not show that Pfister participated in the conduct that gave rise to the grievance, as is necessary to establish section 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires an actual link between a defendant’s actions and the alleged deprivation of rights.
(PC) Strickland v. Jenkins · filed 2022-06-30
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 does not impose individual liability on a supervisor merely for receiving complaints about others’ conduct and failing to act.
Taylor v. Gladieux · filed 2022-06-30
Instead, he seeks to sue the Sheriff for brushing off his complaints, which will not support liability under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal participation in the constitutional violation; a claim fails without an alleged personal connection to the denial of rights.
Beckles v. Battle · filed 2022-06-30
Moreover, liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation. If a plaintiff has not alleged any personal connection between a defendant and a denial of their constitutional rights, the claim must fail.Read the full opinion on CourtListener →
Section 1983 requires allegations of each defendant’s individual involvement in the alleged constitutional violation.
Doe v. Frakes · filed 2022-06-30
The other Moving Defendants are also entitled to judgment on the pleadings on this claim because there are no allegations of their individual involvement in the alleged constitutional violation as required for liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged violation.
Mathis v. Burke · filed 2022-07-01
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires proof of each defendant’s personal involvement in the alleged violation; an officer cannot be held liable for another officer’s use of excessive force.
Torres v. Coats · filed 2022-07-01
Therefore, because appellees present no evidence showing Officers Boyce or Lacy’s personal involvement in the alleged use of excessive force against Hammett and, thus, fail to create a genuine issue of material fact that either officer violated Hammett’s constitutional right to be free from excessive force, we reverse the district court’s denial of qualified immunity to Officers Boyce and Lacy as to appellees’ Fourth Amendment excessive force claims.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged constitutional deprivation.
Estevez v. Lohman · filed 2022-07-01
Liability under § 1983 requires personal involvement in the alleged constitutional deprivation, see Colbert v. City of Chicago, 851 F.3d 649, 657–58 (7th Cir. 2017), and the jail officials did not create the restrictions in the state-court order.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation.
Johnson v. Gullickson · filed 2022-07-01
Second, a state judge—not the police officers—sealed the warrant, and liability under § 1983 requires the defendants’ personal involvement.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility; a doctor cannot be held liable for another doctor's wrongdoing.
McGuire v. Thompson · filed 2022-07-01
Liability under 42 U.S.C. § 1983 is based on personal responsibility, and Dr. Thompson cannot be held liable for the wrongdoing of another doctor.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal connection to the denial of constitutional rights.
Smith v. Dance · filed 2022-07-01
Rather, to survive a motion to dismiss plaintiff must simply allege each defendant had a “personal connection” with any denial of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 personal involvement can be established through direct wrongful conduct or knowledge and acquiescence in a subordinate’s unconstitutional conduct.
Gray v. Garman · filed 2022-07-01
But at the pleading stage, Gray’s allegations are sufficient to state either direct wrongful conduct or knowledge and acquiescence of a subordinate’s unconstitutional conduct.Read the full opinion on CourtListener →
Notes 77251–77400 of 89,157, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under 42 U.S.C. § 1983. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace