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 facts supporting each defendant’s personal involvement in the alleged wrongdoing; conclusory allegations of knowledge are insufficient.
COOPER v. WETZEL · filed 2022-07-01
However, he has failed to cite to any facts in support of his conclusory allegations as to these Defendants.Read the full opinion on CourtListener →
Section 1983 permits prospective relief against an official responsible for implementing it even if the official was not personally involved in the violation.
Vargo, Victor v. Barca, Peter · filed 2022-07-05
But the § 1983 personal-involvement requirement only applies to actions for damages. ... A defendant may be enjoined even if he was not personally involved in the violation if he would be responsible for implementing the prospective relief.Read the full opinion on CourtListener →
Section 1983 requires personal involvement; failing to respond to a complaint alone does not establish individual liability.
Cruz v. Naqvi · filed 2022-07-05
Failure to respond to a complaint is not sufficient to support individual liability under §1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of a constitutional right.
Prindable v. Everett · filed 2022-07-05
To state a Section 1983 claim, a plaintiff must allege that each defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires facts showing what a defendant did or failed to do to cause the claimed constitutional violation.
MITCHELL v. CONWAY · filed 2022-07-05
To the extent Mitchell seeks to bring § 1983 claims, her Amended Complaint—even more so than her original Complaint— lacks sufficient factual allegations to state a plausible claim for relief. ... Mitchell again fails to sufficiently describe what action (or inaction) any of these Defendants took that caused a violation of her constitutional rights when her children were allegedly removed from her care and custody.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory authority alone is insufficient.
Malik Flowers v. Francoise · filed 2022-07-06
Defendants in civil rights actions “must have personal involvement in the alleged wrongs to be liable and cannot be held responsible for a constitutional violation which he or she neither participated in nor approved.” ... Such allegations are insufficient to establish the personal involvement necessary to state a claim of deliberate indifference.Read the full opinion on CourtListener →
Section 1983 requires a link between each defendant’s actions and the deprivation of the plaintiff’s rights.
(PC) Young v. Lynch · filed 2022-07-06
In addition, the prisoner must demonstrate a link between the actions of each defendant and the deprivation of his rights. ... Third, plaintiff fails to show Lynch intentionally prevented her from “seeking justice” and that she has, in fact, been denied the right to pursue claims against the other defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right.
Anderson v. Glossip · filed 2022-07-06
It is well-recognized that §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)). The Court finds that Plaintiff has not provided enough information to support a plausible federal claim against either of the Defendants.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations that a defendant bears direct, personal responsibility for the alleged violation.
Simmons v. State Of Illinois · filed 2022-07-06
The Court concludes that the complaint more than adequately raises a plausible inference that the defendants bear the “direct, personal responsibility” that is required to state a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; employing or supervising someone who violated the plaintiff’s rights is insufficient.
Iosilevich v. Walmart Inc. · filed 2022-07-06
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; reviewing and denying a prisoner’s grievances alone does not establish it.
Wilson v. Pennsylvania Deparment of Corrections · filed 2022-07-06
The only factual allegations Wilson makes against individual defendants Sokaloski, Mason, and Wetzel arise from their review and denial of Wilson’s grievances, (see Doc. 1-1 at 7), which is not sufficient to allege their personal involvement.Read the full opinion on CourtListener →
Section 1983 permits damages against a defendant only if that defendant was personally responsible for the deprivation of a constitutional right.
Malvick v. Debroux · filed 2022-07-07
Trini is not liable merely for communicating a decision made by someone else. See Williams v. Shah, 927 F.3d 476, 482 (7th Cir. 2019) (a defendant is liable for damages under §1983 only if he was personally responsible for the deprivation of a constitutional right).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant was personally involved in the deprivation of a constitutional right.
Ausby v. Rider · filed 2022-07-07
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 a plaintiff to allege each defendant’s personal involvement in the deprivation of a constitutional right.
Harris v. Parker · filed 2022-07-07
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 a prison official’s personal involvement in the alleged constitutional violation; a place in the chain of command is insufficient.
Boyd v. Annucci · filed 2022-07-07
To establish liability against a prison official under § 1983, a plaintiff must allege personal involvement in the alleged constitutional violation; it is not enough to assert that the defendant is a link in the prison’s chain of command.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed constitutional violation to establish individual liability.
Sharkany v. Ham · filed 2022-07-08
Mr. Sharkany acknowledges that he must allege facts showing the personal involvement of each defendant in his alleged constitutional violation but has not done so.Read the full opinion on CourtListener →
Individual liability under Section 1983 requires personal involvement in the alleged constitutional deprivation.
Hollins v. Monti · filed 2022-07-08
Furthermore, individual liability under Section 1983 requires “personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in or directly responsible for the alleged harm.
Maxwell v. Callaway County · filed 2022-07-08
It is important that plaintiff allege facts explaining how the defendant was personally involved in or directly responsible for causing harm.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the alleged violation; naming someone in the complaint without describing their conduct is insufficient.
Burns v. Tapio · filed 2022-07-11
Burns does not, however, state a claim against Dr. Martin or the Jane Doe appointment scheduler. Although he names them in the caption of his complaint, he does not include allegations explaining what they did or did not do to violate his rights.Read the full opinion on CourtListener →
A prison official’s denial of an inmate grievance generally does not establish the personal involvement required for liability under Section 1983.
Tooker v. Mak · filed 2022-07-11
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 allegations tying a defendant to the alleged deprivation; county supervisors are not liable for a jail mail restriction without allegations that they were involved in the decision.
Johnson v. San Mateo County · filed 2022-07-11
Therefore, the appropriate Defendants for his First Amendment claim would be the state actors at MCF who made that decision, not the Board.Read the full opinion on CourtListener →
Section 1983 requires allegations identifying each defendant’s personal involvement; broad assertions against multiple defendants are insufficient.
MACK v. CLARK · filed 2022-07-11
Mack’s broad assertions that multiple defendants bear responsibility for this treatment without identifying individual conduct are legally insufficient.Read the full opinion on CourtListener →
A § 1983 claim requires facts showing each defendant’s personal involvement in the alleged violation.
Neville v. Ballad Health System, Inc. · filed 2022-07-12
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires an actual connection between a defendant’s actions and the alleged deprivation of rights.
(PC) Sierra v. Covello · filed 2022-07-12
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded.
Henderson v. Martin · filed 2022-07-12
Preliminarily, “[i]t is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [section] 1983.’” Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)). ... Applying those principles here, Henderson has adequately alleged that both Defendants were conscious of the issues in Henderson’s G-Pod Cell 105.Read the full opinion on CourtListener →
A § 1983 plaintiff must establish that each defendant was personally responsible for the deprivation of a constitutional right.
Hollis v. Truitt · filed 2022-07-12
To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.
WALKER v. VANIHEL · filed 2022-07-12
He does not, however, provide evidence regarding the length of the alleged delay or who was responsible for it. Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) ("Individual liability under § 1983 … requires personal involvement in the alleged constitutional deprivation.").Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the constitutional violation; merely reviewing a disciplinary decision on appeal is insufficient.
Kelly v. Miller · filed 2022-07-12
Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an individual defendant’s personal involvement in the constitutional deprivation; supervisory status alone does not establish liability.
Annunziata v. Fanwick S.C.P.D. · filed 2022-07-12
To state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations connecting each defendant to the alleged deprivation of rights.
White v. Moore · filed 2022-07-13
White claims he did not get a low tier cell “because they did not have an open cell on the lower level,” see Dkt. No. 1, ¶11, but he does not allege the basis for this claim or allege that any of the named defendants were responsible for this situation.Read the full opinion on CourtListener →
Section 1983 liability requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Walker v. Arnold · filed 2022-07-13
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant’s own actions to the alleged violation; conclusory allegations do not state a claim.
Adkins 307529 v. Setzer · filed 2022-07-13
Moreover, Plaintiff’s scant allegations do not permit the Court to infer that any one of the Defendants is responsible for the duration of Plaintiff’s stay in administrative segregation.Read the full opinion on CourtListener →
Section 1983 requires facts showing what each defendant personally did to violate a constitutional right.
Blowers v. Battle Creek, City of · filed 2022-07-13
In short, the complaint fails to allege facts that would implicate Hinckley in any constitutional violations. ... Thus, Plaintiff does not state a § 1983 claim against Hinckley.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.
Stevens v. Clarke · filed 2022-07-14
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
JONES v. KUENZLI · filed 2022-07-14
With respect to the claim against Dr. Kuenzli in his individual capacity, "[i]ndividual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." ... Because the undisputed evidence is that Dr. Kuenzli was not personally involved in Mr. Jones's medical care at New Castle, Mr. Jones's claim against Dr. Kuenzli in his individual capacity must fail.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the constitutional violation; a supervisor’s position alone does not create liability.
Mahammend v. Watts · filed 2022-07-14
Liability under Section 1983 attaches only upon personal participation by a defendant in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s own actions to cause the alleged constitutional violation; an officer who decides to arrest someone may be liable even if other officers apply the handcuffs.
T.J. v. City of Pawtucket · filed 2022-07-14
Because § 1983 does not permit vicarious liability, a plaintiff must show that “each Government-official defendant, through the official's own individual actions, has violated the Constitution.” ... The Court finds that Officer Rose played a sufficiently causal role in the alleged constitutional violation to be potentially liable – even if he did not fasten the handcuffs himself.Read the full opinion on CourtListener →
Section 1983 liability for denial of medical care requires the defendant’s personal involvement in that denial.
Jorge Enrique Serrano Robles Senior v. County of Los Angeles · filed 2022-07-18
Indeed, “[l]iability under § 1983 must be based on the personal involvement of the defendant.” ... Thus, looking to the undisputed material facts, the Court finds that Defendants are entitled to judgment as a matter of law regarding the denial of medical care theory of Plaintiffs’ first claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from government officials to allege specific conduct by each defendant; merely naming an official is insufficient.
Eden v. Keinath · filed 2022-07-18
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 allegations showing each defendant’s personal involvement in the alleged violation; attributing conduct to defendants as a group does not state a plausible claim.
Torres v. Oliver · filed 2022-07-18
Absent any specific allegations of personal involvement by these defendants, the plaintiff has failed to state a plausible § 1983 claim against any of them.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged wrongful conduct.
(PC)Vera v. Warden · filed 2022-07-19
It is apparent from the Complaint that Defendant Leffler is not responsible for any defective medical treatment related to Mr. Vera’s gunshot wounds.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in or direct responsibility for the alleged deprivation of rights.
Wesley v. Essmyer · filed 2022-07-19
Plaintiff does not state that defendant Essmyer was personally involved in or directly responsible for either of these denials. ... As such, any claims Plaintiff is attempting to assert against Essmyer regarding denial of paperwork or medical care, fail to state a claim upon which § 1983 relief may be granted.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Johnson v. Brown · filed 2022-07-19
Because “[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,” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013), and Kosseff-Salchert’s only contact with Plaintiff was at Downstate, (see Defs.’ 56.1 ¶¶ 16–31), Kosseff-Salchert could only conceivably be liable for a constitutional violation that took place at Downstate.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged wrongdoing.
Fred Minor v. Overmyer · filed 2022-07-20
Lastly, the Magistrate Judge considered Minor’s two retaliation claims that had met the personal-involvement requirement for § 1983 claims. ... We have nothing more to add to the Magistrate Judge’s careful and cogent analysis.Read the full opinion on CourtListener →
Section 1983 requires a connection between each defendant’s actions and the claimed deprivation of rights.
(PC) Totten v. Redding Police Department · filed 2022-07-20
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 of rights.
(PC)Elliott v. Ehlers · filed 2022-07-20
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 participation in the deprivation of a federal constitutional right.
(PC) Washington v. Diaz · filed 2022-07-20
Any amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving him of a federal constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing individuals to allege facts linking each defendant to the claimed violation.
Wilkins v. Santa Clara Sheriffs Department · filed 2022-07-20
If Mr. Wilkins wishes to sue individual persons, he must link individual defendants to his claims by alleging facts showing the basis for liability for each individual defendant.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by a defendant in the alleged wrong; supervisory status alone does not establish liability.
PLAZIO v. FORREST · filed 2022-07-20
Furthermore, and most importantly with reference to screening this proposed amended complaint, “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs, liability cannot be predicated solely on the operation of respondeat superior.” ... Assuming without deciding that these conditions of confinement allegations rise to the level of a Fourteenth Amendment claim either individually or in their totality, Plaintiff does not state with any facial particularity any person he is suing who had the requisite personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that the defendant was personally involved in the challenged conduct or was responsible for a policy or custom that caused the constitutional deprivation.
Holloway v. Stengel · filed 2022-07-21
Additionally, to state a viable § 1983 claim, a plaintiff must allege the defendant was personally involved in the actions complained of or is responsible for the policy or custom giving rise to the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged constitutional violation.
Johnson v. Duty · filed 2022-07-21
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each defendant’s personal involvement in the alleged constitutional violation.
Johnson v. Fuller · filed 2022-07-21
Thus, a § 1983 claim requires factual detail about each defendant’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant’s actions and the alleged deprivation of rights.
(PC) Moguel v. Larsson · filed 2022-07-21
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 →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional deprivation.
Thomason v. Dallison · filed 2022-07-21
To state a viable § 1983 claim, Plaintiff must allege that each defendant was personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that the defendant was personally involved in the deprivation of a constitutional right.
Allen v. Illinois · filed 2022-07-21
To state a §1983 claim, Plaintiff must allege that the defendant was personally involved in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Thompson v. Sickafoose · filed 2022-07-21
In order for a defendant to be held individually liable under 42 U.S.C. § 1983, that defendant must have “personal involvement in the alleged constitutional deprivation to support a viable claim.” Palmer v. Marion Cnty., 327 F.3d 588, 594 (7th Cir. 2003). Thompson alleges that Officer Moss took her to the notary to learn more information about how to mail her tort claim. This allegation does not link Officer Moss to any later decisions about how to mail her tort claim.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each individual defendant to the alleged constitutional violation.
Morris v. City Of New York · filed 2022-07-21
As stated in the September 29 Decision, without more details on how each of the Proposed Individual Defendants personally participated in the “World Tour” and details on other instances of violence against other inmates, the Proposed SAC like the FAC does not plausibly allege that the “World Tour” was reinstated by any particular defendants.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Benson v. Dowbak · filed 2022-07-22
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 plausible allegation that each defendant’s conduct or omission caused a violation of the plaintiff’s federal rights.
Johnson v. Rosalez · filed 2022-07-22
He names a number of other Defendants, but he does not allege any conduct or omissions by them. As a result, he has not made any plausible allegation that they caused these unsafe conditions or any other violation of Plaintiff’s constitutional rights. Consequently, the claims against them will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from a state employee in an individual capacity to allege that employee’s personal involvement in the deprivation of federal rights.
Gimino v. Lutheran Social Services of Illinois · filed 2022-07-22
The Court has already explained, however, that DCFS cannot be sued directly for money damages, and that Gimino would have to sue an employee of the DCFS in that employee’s individual capacity, which would then require her to allege how that individual was personally involved in the deprivation of her federal rights. ... She has not done that. Even if the Court were to infer that she intended to sue DCFS Director Smith, she has included no facts at all establishing how he was personally involved in anything.Read the full opinion on CourtListener →
Section 1983 requires a showing of personal fault based on a defendant’s own conduct.
Mahammend v. Sergeant Neal · filed 2022-07-22
Section 1983 also requires a showing of personal fault based upon a defendant’s own conduct.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Barnes v. Catlin · filed 2022-07-25
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 requires an inmate to allege a defendant’s personal involvement in the deprivation of a constitutional right, or an official’s knowledge of and acquiescence in the conduct when the official could correct it.
Houston v. Buettner · filed 2022-07-25
To state a claim under §1983, an inmate must allege that a defendant was personally involved in the deprivation of a constitutional right or that an official with the ability to rectify the situation knew about the unconstitutional conduct and facilitated, approved, condoned, or turned a blind eye to it.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in, or direct responsibility for, the alleged violation.
Marvin v. St. Joseph County Sheriff Department · filed 2022-07-25
Plaintiff also does not present any facts showing that Defendant Corban was involved in removing Plaintiff in the doorway or that Defendant Lawson-Rulli was involved in the actions constituting excessive force. Accordingly, Defendants are entitled to summary judgment on Plaintiff’s unlawful entry claim as it pertains to Defendant Corban as well as summary judgment on Plaintiff’s excessive force claim as it pertains to Defendant Lawson-Rulli.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that each defendant was personally involved in or directly responsible for the deprivation of rights.
Babb v. Rodger Unknown · filed 2022-07-25
Plaintiff must allege that defendant Stephanie was personally involved in or directly responsible for a deprivation of his rights. Plaintiff needs to clarify these allegations in his amended complaint in order for his case to survive initial review.Read the full opinion on CourtListener →
An individual may be liable under § 1983 only if personally involved in the alleged constitutional violation.
Oliver v. Brooks · filed 2022-07-26
Oliver highlights that he had to wait more than a week to be examined by NP Carolyn, but nothing in the complaint suggests that she was responsible for that delay. See Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (holding that for an individual to be liable under §1983, the individual must have been personally involved in the alleged constitutional violation).Read the full opinion on CourtListener →
Section 1983 requires a link between a defendant’s actions and the alleged deprivation of rights.
(PC) Harris v. Garcia · filed 2022-07-26
Plaintiff does not allege that defendants Garcia or Figueroa interfered with his grievances regarding the January 6, 2021 assault. Therefore, plaintiff’s due process claim is dismissed because no defendants are linked to this claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts connecting each named defendant’s own conduct to the claimed deprivation of rights.
Lewis v. Moralez · filed 2022-07-26
Moreover, Plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. Iqbal, 556 U.S. at 676-77. ... The Court cannot determine from the complaint whether defendants Ava Morallez or the Madera Police Department have done anything that would violate Plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an affirmative connection between a defendant’s actions and the claimed deprivation.
(PC) Hunter v. Brenneman · filed 2022-07-26
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.Read the full opinion on CourtListener →
Section 1983 imposes personal liability on an individual defendant who caused or participated in a constitutional deprivation.
Campbell v. Hopp · filed 2022-07-26
Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, “to be liable under [Section] 1983, an individual defendant must have caused or participating in a constitutional deprivation.” Pepper v. Vill. of Oak Park, 430 F.3d 809, 810 (7th Cir. 2005) (citations omitted). At this juncture, the Court finds that the complaint sets forth facts sufficient to support a deliberate indifference claim against Defendants.Read the full opinion on CourtListener →
A Section 1983 plaintiff must allege facts showing each defendant’s personal participation; bare allegations are insufficient.
Kinnard (ID 83386) v. Kansas Department of Corrections · filed 2022-07-26
The plaintiff also must show the personal participation of each defendant; bare allegations are insufficient to meet this showing.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead the individual defendant’s personal involvement in the alleged constitutional violation.
SANTIAGO-ESPINOSA v. WELLPATH MEDICAL · filed 2022-07-26
We dismiss Mr. Santiago-Espinosa’s Eighth Amendment claim against Mr. Walsh because he does not plead Mr. Walsh’s personal involvement.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged rights violation; reviewing a grievance after the event alone does not establish that involvement.
Walker v. Brittain · filed 2022-07-26
In order for liability to attach under 42 U.S.C. § 1983, a plaintiff must sufficiently allege that each defendant was personally involved in the act or acts that the plaintiff claims violated his federally protected rights. ... Thus, because Plaintiff’s complaint has not made this requisite showing, the Court finds that Plaintiff has not plausibly stated a § 1983 claim against these Defendants.Read the full opinion on CourtListener →
Section 1983 generally holds defendants liable only for their own personal involvement, knowledge, and actions.
Williams v. Hilton Hall, Jr. · filed 2022-07-27
But defendants are generally liable for only their own “personal involvement, knowledge, and actions.”Read the full opinion on CourtListener →
A supervisor’s receipt of prior complaints alone does not establish personal involvement for liability under § 1983.
Loving v. Superintendent · filed 2022-07-27
Thus, Plaintiff cannot establish Morton’s involvement solely via his alleged receipt of prior complaints, be they his complaints or from other similarly situated inmates.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s direct and personal involvement in the constitutional deprivation.
Lovett v. Bennett · filed 2022-07-27
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing an individual defendant’s direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege each defendant’s personal involvement in the claimed constitutional violation; allegations against defendants as a group are insufficient.
MEZZACAPPA v. WILSON · filed 2022-07-27
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 a plaintiff to allege an injury linked to the conduct of each individual defendant.
McKenna v. Horne · filed 2022-07-28
However, McKenna has not alleged any injury that resulted from alleged conduct of Horne or some other unnamed person nor has he alleged an affirmative link between the injury and conduct of that defendant.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the deprivation of the plaintiff’s rights.
(PC) E. v. Curry · filed 2022-07-28
Each Plaintiff must demonstrate that each Defendant personally participated in the deprivation of his own rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; an official’s failure to remedy a violation after reviewing an administrative appeal can plausibly show that involvement.
Shand v. Parsons · filed 2022-07-28
For purposes of this initial review, the Court considers Plaintiff’s allegations that Mudano failed to take steps to remedy his punitive segregation after reviewing his administrative appeal as sufficient to raise an inference that Mu- dano had direct personal involvement in the due process violation.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege facts connecting each named defendant to the claimed rights violation.
HERRING v. WARD · filed 2022-07-28
Plaintiff alleges that the prison conditions were unsafe, and he names a number of defendants, but he does not set forth any specific facts connecting the named defendants to his allegations, other than to say that Lieutenant Booth was on duty when one of the incidents occurred.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant violated an identified constitutional right.
Samuel v. Tullish · filed 2022-07-28
Therefore, if Samuel wishes to proceed, he may file an amended complaint that clearly alleges, as required to state a colorable claim under 42 U.S.C. 1983, how each defendant violated Samuel’s identified constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory status alone does not establish individual liability.
White v. Gutwein · filed 2022-07-28
Absent further claims, Plaintiff has alleged nothing more than Venettozzi acting in his supervisory role “in the prison chain of command,” which is insufficient to establish personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; liability cannot rest solely on a supervisory role.
Ansley v. Wetzel · filed 2022-07-28
Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials solely for ruling against a prisoner’s administrative complaints, because those rulings do not cause or contribute to the underlying violation.
Castellano v. Kuepper · filed 2022-07-29
Finally, the Court will dismiss Eplett, Freund, and Gillingham from this action. Plaintiff’s only allegations regarding these defendants involve their failure rule in his favor on the administrative prisoner complaints. “Ruling against a prisoner on an administrative complaint does not cause or contribute to the violation.” George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007). As such, the Court will dismiss Eplett, Freund, and Gillingham from this action as well.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional violation; denying a prisoner’s inmate complaint alone is insufficient.
Moffett, Walter v. Dittmann, Michael · filed 2022-07-29
Yet ruling against a prisoner on an inmate complaint does not qualify as personal involvement in a constitutional violation, and it is not sufficient to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to prove that each defendant was personally involved in the alleged constitutional violation.
Martin v. Jones · filed 2022-07-29
42 U.S.C. § 1983 requires a plaintiff to show more than just a violation of a constitutional right. To recover damages from a defendant, he must also prove that defendant was personally involved in the violation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in a constitutional violation; supervisory status alone is insufficient.
Germano v. Quiros · filed 2022-08-01
When bringing a claim pursuant to §1983, “a plaintiff must plead and prove ‘that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.’” ... Accordingly, all claims against defendant Quiros are DISMISSED, without prejudice.Read the full opinion on CourtListener →
Section 1983 permits individual liability only for a defendant’s own actions.
TAYLOR v. SEVIER · filed 2022-08-01
Moreover, defendants may be liable under § 1983 only for their own actions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in a constitutional violation.
McLendon v. Artis · filed 2022-08-01
§ 1983 attaches only upon personal participation by a defendant in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the acts claimed to violate constitutional rights.
Small v. Kauffman · filed 2022-08-01
In order to state a claim under § 1983, a plaintiff must sufficiently allege that the defendants had personal involvement in the act or acts that the plaintiff claims violated his constitutional rights.Read the full opinion on CourtListener →
A § 1983 complaint can survive initial screening even if the plaintiff must later give more detail about each defendant’s role in the alleged deprivation.
Henderson v. Aldana · filed 2022-08-02
Going forward, Plaintiff will need to explain with more particularity as to what role each defendant played in this deprivation. However, at the pleading stage, the Court finds these allegations sufficient to proceed.Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the challenged conduct.
Knowles v. Temple University · filed 2022-08-02
Second, Knowles failed to state a claim under § 1983 against the members of the Board of Trustees, as she did not allege that any of them were personally involved in the academic decision making that resulted in her dismissal.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant’s own acts or omissions violated the plaintiff’s rights.
Stewart v. Greenwell · filed 2022-08-02
That is, for each defendant, Plaintiff must allege facts showing how that particular defendant’s acts or omissions violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant officer’s personal involvement in the alleged deprivation to survive summary judgment.
WIERZBICKI v. CITY OF JERSEY CITY · filed 2022-08-02
Here, the Court concludes Wierzbicki failed to show the personal involvement of any officers, which is the essential element of Wierzbicki’s case.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged constitutional violation to hold that defendant liable.
Cloud v. Kansas, State of · filed 2022-08-03
To hold defendants liable in an action under § 1983, Ms. Cloud must allege specific facts that show how each individual defendant personally participated in the acts that caused the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s personal involvement in the alleged constitutional violation; a general accusation is insufficient.
Harvey v. Chambers-Smith · filed 2022-08-03
To state a claim against an individual Defendant, Plaintiff must show that the Defendant was personally involved in the activities which form the basis of the alleged unconstitutional behavior. ... This general allegation is not sufficient to state a claim against a specific individual Defendant.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.
Butler, Jerry v. Eschalante, Jim · filed 2022-08-04
More specifically, a defendant cannot be held liable for what other people did or did not do because there is no concept of supervisory strict liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each named defendant’s actions to the alleged deprivation.
(PC) Rojas v. County of Sacramento · filed 2022-08-04
To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s individual participation in the alleged unlawful conduct; membership in a group alone does not establish liability.
Elkins v. Novato Police Department · filed 2022-08-04
Because there are no facts alleging Sergeant Pourfarhani participated in the alleged coercive witness identification, the SAC fails to state a claim against him under §1983.Read the full opinion on CourtListener →
Section 1983 permits individual damages liability only for a defendant personally involved in the alleged violation.
Hueston v. Sheriff of Allen County · filed 2022-08-04
A defendant may be held individually liable under 42 U.S.C. § 1983 for damages only if that defendant was personally involved in the alleged violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly allege each defendant’s personal involvement in a constitutional violation, which can include observing excessive force and failing to intervene.
Abram v. Sohler · filed 2022-08-04
Accordingly, Abram has plausibly alleged Sohler’s personal involvement in the violations of his constitutional rights and, therefore, his Complaint survives Defendants’ Motion to Dismiss as to all Defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional violation.
Juarez v. Anderson · filed 2022-08-05
Plaintiff does not, however, indicate any facts related to Sgt. Anderson’s involvement with the grievance process. Section 1983 requires that an individual be personally involved in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged deprivation; denying a grievance about an earlier incident alone does not establish it.
BLOUNT v. P.A. LESLIE · filed 2022-08-05
Here, Blount’s amended complaint only mentions Smith once: she “was assigned [his] grievance [and] she denied all relief.” ECF No. 26 at 8. Such allegations are plainly insufficient to establish personal involvement.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a defendant to the alleged deprivation of rights; bare allegations do not state a claim.
Stallings v. Gibson · filed 2022-08-08
And Plaintiff did not provide any information regarding any Defendant’s involvement with Plaintiff’s medical care. Without these allegations, Plaintiff’s claims are bare allegations—and bare allegations void of factual enhancement are insufficient to state a claim for relief under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s act or omission to the alleged violation of federal rights.
Scott v. DA Office of Stanislaus County · filed 2022-08-08
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 defendant to have caused or participated in the constitutional deprivation.
Walker v. Baldwin · filed 2022-08-08
In order to be liable under Section 1983, the defendant must have caused or participated in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant caused or personally participated in the deprivation of a protected right.
Barstad v. State of Washington · filed 2022-08-09
Under 42 U.S.C. § 1983, a plaintiff must prove that the particular defendant has caused or personally participated in causing the deprivation of a particular protected constitutional right.Read the full opinion on CourtListener →
A Section 1983 claim against individual officers requires facts describing each officer’s actions.
(PS) DeVan Daniel v. Clayborne · filed 2022-08-09
To state a claim, plaintiff must allege sufficient facts as to each officer’s actions at each encounter. Section 1983 allegations are incredibly fact-intensive, and so the more details plaintiff can provide in his complaint regarding each officer’s actions, the easier it will be for the court and defendants to understand the nature of plaintiff’s claims.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional deprivation before a defendant, including a supervisory official, can be held liable for damages.
Kelly v. Warden of Corrigan Correctional · filed 2022-08-09
“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.” ... As Kelly’s complaint raises no plausible suggestion of deliberate indifference by Worrick, the Corrigan Warden, or Deputy Warden Foote, the court dismisses the claims for damages against these defendants.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant sued in an individual capacity to be involved in the alleged constitutional deprivation; supervisory status alone is insufficient.
Williams v. Garden · filed 2022-08-09
Section 1983 liability requires involvement in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because an official denied an administrative grievance or failed to act on information in it.
Street v. Berrien County Jail · filed 2022-08-09
However, § 1983 liability may not be imposed simply because a defendant denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 requires facts showing how each defendant was personally involved in or directly responsible for the alleged harm.
Bell v. Virginia Health · filed 2022-08-09
It is important that plaintiff allege facts explaining how each defendant was personally involved in or directly responsible for causing harm.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s direct and personal involvement in the alleged constitutional deprivation.
Labossiere v. Montefiore Hospital (Mount Vernon) · filed 2022-08-09
To state a claim under Section 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Hernandez v. Kidwell · filed 2022-08-09
As a general rule, “liability under § 1983 must be based on the personal involvement of the defendant.” ... These facts do not show that Defendants acted or failed to act to protect Plaintiff against a risk posed by Dooley and Plaintiff has therefore failed to establish their personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each defendant was personally involved in the alleged constitutional violation.
STEWART v. WADE · filed 2022-08-09
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 proof that a defendant was personally involved in the alleged deprivation of rights.
Mason v. Stirling · filed 2022-08-09
Because Plaintiff has failed to create a genuine issue of material fact as to whether Defendants Stirling, Marshall, John McRee, and Norel Ezike, RN were personally involved in her medical care, these Defendants are entitled to summary judgment on Plaintiff's § 1983 claims of deliberate indifference.Read the full opinion on CourtListener →
Each named § 1983 defendant must have personal knowledge of and involvement in the alleged violation for the claim against that defendant to proceed.
Bracy v. Tully · filed 2022-08-10
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 requires an affirmative link between a defendant’s actions and the alleged deprivation of rights.
(PC) Tirado v. Santiago · filed 2022-08-10
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. ... Plaintiff does not allege any facts which connect Defendant actions with any assault.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional deprivation for individual damages liability.
BERRY v. WEXFORD OF INDIANA, LLC · filed 2022-08-10
Thus "[a] damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed deprivation.
Oliver v. Punter · filed 2022-08-10
Thus, in the absence of any alleged personal involvement by any defendant, plaintiff has not set forth a plausible Section 1983 claim against them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each individual defendant’s personal involvement; a supervisory position alone does not establish liability.
Foskey v. The Corporate State of New York · filed 2022-08-10
Accordingly, because Plaintiff has not alleged their personal involvement, his Section 1983 claims against Gov. Hochul, Blakeman, Meli and O’Connell are not plausible and are dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the alleged constitutional deprivation.
Brown v. Sumter-Lee Regional Detention Center · filed 2022-08-10
With respect to Plaintiff’s claim that Maj. Lumpkin violated his constitutional rights by denying him access to certain books, the magistrate judge found that Plaintiff failed to proffer sufficient evidence that Maj. Lumpkin had any personal involvement in the alleged denial of access to books and recommended the court grant summary judgment on this basis. ... The court adopts the magistrate judge’s Report, (ECF No. 85), and incorporates it herein.Read the full opinion on CourtListener →
A § 1983 damages claim requires a defendant’s personal involvement in the alleged harm and intentional conduct or deliberate indifference to the risk of harm.
Penwell v. Strange · filed 2022-08-11
A damages claim, unlike a claim for injunctive relief, requires that a defendant be personally involved in the alleged harm and have acted intentionally or with deliberate indifference to the risk of harm.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an individual defendant to allege facts showing that defendant’s personal involvement in the alleged deprivation of rights.
Ogunsula v. Warrenfeltz · filed 2022-08-11
To state a claim under § 1983, the plaintiff must allege facts that show personal fault, based upon a defendant’s personal conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; officials who lack it are entitled to judgment.
Smith v. Papoosha · filed 2022-01-04
In addition, ... defendants argue, and Smith agrees, that the following defendants are entitled to judgment as a matter of law because they lack the requisite personal involvement: Maiga and Semple as to count 4, Semple as to count 6, and Semple, Santiago, and Maiga as to count 7.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant whose only involvement was denying a grievance or failing to act on it.
Deshone 591224 v. Bigger · filed 2022-02-03
Moreover, the Sixth Circuit has held that where a defendant’s only involvement in the allegedly unconstitutional conduct is “the denial of administrative grievances or the failure to act,” the defendant cannot be liable under § 1983. ... Plaintiff’s allegation that Defendant Burke improperly responded to his step one grievance fails to state a claim of constitutional dimension.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in or responsibility for a constitutional deprivation.
Ash Jr. v. Reynolds · filed 2022-02-07
However, the nurse’s absence for two weeks during the same time period absolves her of any liability for this claim under the Fourteenth and/or Eighth Amendment. See Colbert v. City of Chicago, 851 F.3d 649 (7th Cir. 2017). (Section 1983 liability hinges on personal involvement in or responsibility for a constitutional deprivation.).Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation of rights.
(PC)Henderson v. Hailie · filed 2022-03-01
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 an officer’s personal involvement in the challenged conduct; mere presence does not establish liability.
Hugan v. Detroit, City of · filed 2022-03-11
Although here Plaintiffs may be at least partially correct,5 their § 1983 claim ultimately fails because there is no evidence that the three remaining Defendants—Officers Morrison, Wright, and Gardner—played any part in those actions.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation.
Shaw v. Walker · filed 2022-08-12
The lack of any allegation of their personal involvement precludes any claims against them under §1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation.
Shaw v. Davis · filed 2022-08-12
It is further ordered that Defendants Thomas, Ferro, LeGrand, and Potter are dismissed from this case for lack of personal participation.Read the full opinion on CourtListener →
Section 1983 requires allegations showing each defendant’s personal involvement in the alleged violation; collective allegations against prison officials are insufficient.
JEFFERSON v. LUQUIS · filed 2022-08-12
As noted above, an individual must be personally involved in violating a plaintiff’s rights to be liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plausible causal link between a defendant’s own conduct and the alleged constitutional deprivation.
Brown v. Haupert · filed 2022-08-12
Here, the Court finds the link between Carlson and Haupert’s alleged assault on Brown too tenuous to establish any sort of § 1983 claim against Carlson.Read the full opinion on CourtListener →
Section 1983 holds a defendant liable only for what she personally knew and did, not for her colleagues’ knowledge or actions.
Boclair v. Lashbrook · filed 2022-08-15
Tripp “can only be liable for what she personally knew and did, and cannot be liable for the knowledge or actions of her colleagues”; nothing in the record suggests that ... Tripp was aware of Boclair’s need for medical care.Read the full opinion on CourtListener →
Section 1983 requires proof that the defendant was personally involved in the alleged deprivation of rights.
Woolfolk v. Baldofsky · filed 2022-08-15
Here, counsel for Plaintiff failed to present evidence sufficient to permit a reasonable jury to find Plaintiff was falsely arrested or subjected to excessive force by Defendant. Not one of Plaintiff's witnesses was able to identify Defendant Baldofsky as the officer who arrested Plaintiff or injured his arm.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s direct personal involvement in the alleged constitutional deprivation; supervisory status alone is insufficient.
Rivera v. Annucci · filed 2022-08-15
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege facts showing the defendant’s direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts showing that Anthony Annucci was personally involved in the events underlying his claim. Plaintiff’s claim against Anthony Annucci is therefore dismissed without prejudice to Plaintiff’s naming him in an amended complaint, if he can allege his personal involvement in the events underlying his claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation.
Rucker v. Fletcher · filed 2022-08-15
It 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.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). ... Accordingly, Plaintiff’s claims against Nurses Hamm and Wirth are DISMISSED.Read the full opinion on CourtListener →
Section 1983 permits an excessive-force claim against officers who direct a subordinate’s use of force or fail to intervene, even if they do not personally apply force.
(PC) Israel v. Newsome · filed 2022-08-16
Officers who are present at the scene, but do not personally deploy force, can be held liable for excessive force if they direct the use of force or fail to intercede. ... Plaintiff states cognizable claims under the Eighth Amendment against Officer B. Louie and Sgt. Walters.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not create liability.
Farmer v. Miami Correctional Facility · filed 2022-08-16
Liability under 42 U.S.C. § 1983 is based on personal involvement in the alleged violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Morgan 746570 v. Trierweiler · filed 2022-08-16
As the Magistrate Judge determined that Plaintiff failed to show that Defendants were personally involved in any violation of his constitutional rights on September 13, 2016, Plaintiff’s grievance could not operate to put Defendants on notice of any “continuing” violation.Read the full opinion on CourtListener →
Section 1983 requires evidence of each defendant’s personal involvement in the alleged violation to survive summary judgment.
JONES v. NAJERA · filed 2022-08-16
To survive a motion for summary judgment, “a § 1983 plaintiff must produce evidence supporting each individual defendant’s personal involvement in the alleged violation.” Jutrowski v. Twp. of Riverdale, 904 F.3d 280, 291 (3d Cir. 2018). Because nothing indicates Mallery participated in the allegedly unlawful searches of Jones’ phones, he is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.
Ewell v. Espesito · filed 2022-08-16
It is well established that, in Section 1983 actions, liability cannot be “predicated solely on the operation of respondeat superior.”... Accordingly, the Court must dismiss the claims against Betti for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials merely because they reviewed or denied an inmate’s grievances.
Picarella v. Wetzel · filed 2022-08-16
Picarella cannot maintain a claim against defendants Marsh, Mason, Moore, Varner, and Williamson based on their respective roles in the grievance process, and these claims will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires the defendant’s personal participation in the alleged constitutional violation.
Rouse v. Pitkin · filed 2022-08-17
The amended complaint does not include a single allegation against Pitkin, the sole defendant in this case. ... (emphasizing that liability under 42 U.S.C. § 1983 requires the defendant’s personal participation in the alleged constitutional violation).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing individual officers to describe each officer’s actions and how they violated the plaintiff’s constitutional rights.
Rossignon v. Antioch Police Department · filed 2022-08-17
Plaintiff identifies the officers involved but fails to describe the specific actions of each officer. The complaint is dismissed with leave to amend to provide more information. Plaintiff should identify each officer and describe their actions and how they violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the constitutional deprivation; a doctor who lacked authority to transfer a detainee could not be liable for a delay in that transfer.
Ross v. Advanced Correctional Healthcare · filed 2022-08-17
Though Dr. Person could make the recommendation or suggestion, he didn’t have the authority to decide whether to transfer Mr. Ross to another jail [ECF 66-1 ¶ ¶ 20]. Thus, he wouldn’t be personally responsible for any constitutional violation stemming from a delay in Mr. Ross’ transfer to another jail.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of rights.
Cush-El v. State of Missouri INC. · filed 2022-08-17
Individual liability in a 42 U.S.C. § 1983 case is personal.Read the full opinion on CourtListener →
Section 1983 requires facts showing how each individual defendant participated in the alleged deprivation of constitutional rights.
McElvy v. Southwestern Correctional LLC · filed 2022-08-17
To state a claim against an individual under section 1983, a plaintiff must allege facts showing how each individual defendant participated in the alleged deprivation of a person’s constitutional rights. ... The complaint alleges that Wagner personally witnessed Decedent’s deteriorating medical condition and failed to ensure he obtained medical assistance despite hearing his pleas for help. ... Accordingly, the Court denies the motion to dismiss the remaining section 1983 claim against Wagner.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; liability cannot rest solely on a supervisory position.
Spriggle v. LeVebre · filed 2022-08-18
Therefore, the motion for summary judgment regarding all claims against Defendant McCullough is granted based on his lack of personal involvement in the events at issue.Read the full opinion on CourtListener →
Notes 77401–77550 of 89,157, oldest cases first.
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