42 U.S.C. § 1983

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

Alvarado v. Madison County Detention Center · filed 2022-09-30

Since Defendant Gore, however, was not personally involved in the November 27 incident, Plaintiff’s claim against her as to this incident should be dismissed.

Section 1983 requires allegations of an individual defendant’s personal involvement; allegations against defendants as a group are insufficient.

Dobroff v. Hempstead Union Free School District · filed 2022-09-30

The pleadings of acts by "Defendants" does not remedy this defect. Allegations as to all defendants generally, rather than specific to any individual defendant's role in the alleged constitutional violation, are insufficient to plead a claim against the individual.

Section 1983 requires sufficient allegations of an individual defendant’s personal involvement in a constitutional violation.

Flores v. The City of New York · filed 2022-09-30

As an initial matter, Judge Parker finds that the SAC does not sufficiently allege the personal involvement of Defendants Stukes, Grossman, Jennings, Morales, and Matos in the alleged violations of Plaintiff’s constitutional rights. (R&R (Dkt. No. 84) at 25) This Court agrees with Judge Parker’s determination. Accordingly, Plaintiff’s claims against those Defendants will be dismissed.

Section 1983 requires a defendant’s personal involvement; a supervisor’s failure to remedy a hostile work environment, without more, is insufficient.

Fellah v. City University of New York · filed 2022-09-30

These allegations, without more, are insufficient to allege Miller’s personal involvement under section 1983.

Section 1983 requires allegations that a defendant personally participated in the alleged rights violation; a supervisor’s position alone does not establish liability.

Weiss v. Bowling Green State University · filed 2022-09-30

At the outset, I conclude the allegations against Rogers do not state a claim for a due process violation for imposition of alleged conflicting standards. ... There are no allegations that Rogers was responsible for determining the charges against Doe and no allegations that Rogers was involved with, or had responsibility for Spark, aside from his general role as President of BGSU.

Section 1983 liability can attach when a prison officer’s review, investigation, and responses to inmate requests sufficiently establish personal involvement in the alleged wrongdoing.

Brown v. Wetzel · filed 2022-09-30

Thus, the Court finds that the complaint has sufficiently alleged the personal involvement of Defendant Walker such that liability can attach under Section 1983.

Section 1983 requires a defendant to have personally participated in the alleged deprivation of a federal constitutional right.

(PC) Rodriguez v. Taiarol · filed 2022-10-03

Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.

Section 1983 requires a plaintiff suing a defendant in an individual capacity to show that the defendant personally participated in the deprivation of rights.

(PC) Harding v. Correctional Health Services · filed 2022-10-03

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights. ... Plaintiff has failed to allege sufficient facts to state a cognizable claim against defendant Padilla.

Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of a federal right.

(PC) Zayas v. Navarro · filed 2022-10-03

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.

A § 1983 complaint must connect the named defendant to the alleged misconduct through participation or knowledge.

Cogdell v. Prock · filed 2022-10-03

But Cogdell does not allege Prock participated in these events or otherwise knew about this conduct.

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

Walker v. Pierce · filed 2022-10-03

And because Plaintiff brings his claims under §1983, he must allege that each defendant was personally involved in the deprivation of a constitutional right.

A Section 1983 plaintiff alleging that prison officials denied medical care must plead how those officials personally participated in the alleged violation.

Bell v. State Prison Officials · filed 2022-10-03

Bell must amend to state: ... how Warden Myers and James LeBlanc personally participated in the alleged violations of his medical care.

Section 1983 requires a defendant’s personal participation in the alleged constitutional violation; allegations that a prison commissioner was responsible for the challenged policies can suffice to survive dismissal.

Pevia v. Moyer · filed 2022-10-03

Liability under § 1983 attaches only upon personal participation by a defendant in the constitutional violation. ... But, the court disagrees with Hill’s contention that Pevia failed adequately to assert Hill’s personal participation in the alleged constitutional violations.

Section 1983 liability for conditions of confinement requires the defendant’s personal involvement in or responsibility for those conditions.

Patten v. Schultz · filed 2022-10-03

But even taking every plausible allegation in the complaint as true, Schultz cannot be said to be personally responsible for any of those conditions. Thus, Patten’s conditions-of-confinement claims against Schultz under § 1983 fail as a matter of law.

Section 1983 requires facts showing a defendant’s personal involvement; supervisory status alone is insufficient.

DEJESUS v. COUNTY OF MERCER · filed 2022-10-03

The failure to plead facts, rather than mere conclusions, of personal involvement beyond mere supervisory capacity is fatal to such attempts.

Section 1983 requires facts showing an individual defendant’s direct and personal involvement in the alleged constitutional deprivation.

Duryea v. State of New York · filed 2022-10-03

To state a claim under Section 1983 against an individual defendant in his or her individual capacity, a plaintiff must allege facts showing that individual defendant’s direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff does not allege any facts about the unidentified individual defendants. The Court therefore dismisses Plaintiff’s claims under Section 1983 against those defendants, in their individual capacities, without prejudice to Plaintiff’s seeking leave to file an amended complaint naming those defendants.

Section 1983 requires a defendant to be personally involved in the constitutional violation for which the defendant is sued.

Jones, Anthony v. Whitman,Candace · filed 2022-10-04

To be liable for a constitutional claims like these brought under 42 U.S.C. § 1983, a defendant mut be personally involved in the constitutional violation.

Section 1983 does not impose liability on an official merely for denying a grievance or failing to act on information in it.

Johnson 201604 v. Flaquel · filed 2022-10-04

Section 1983 liability may not be imposed simply because an official denied an administrative grievance or failed to act based upon information contained in a grievance.

An individual capacity claim under § 1983 against a sheriff requires allegations connecting the sheriff personally to the challenged conduct.

Hopper v. McFadden · filed 2022-10-04

The Court, however, will dismiss Plaintiff’s individual capacity claim against Defendant McFadden because Plaintiff has not alleged that McFadden personally participated in Plaintiff’s relevant medical care.

Section 1983 requires allegations showing each defendant’s personal participation in the claimed constitutional violation; employment or supervisory status alone is insufficient.

Castleman v. Marler · filed 2022-10-04

He is admonished that simply alleging that a defendant is an employee or supervisor of a state agency is inadequate to state a claim.

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

Matthews v. Ashraf · filed 2022-10-05

To state a cognizable section 1983 claim for damages, a plaintiff must allege facts showing the defendant’s personal involvement in the alleged constitutional deprivation.

Section 1983 allows a claim to proceed at preliminary review when the allegations sufficiently show that the defendants personally participated in the alleged deprivation.

SANDERS v. FORD · filed 2022-10-05

Moreover, although Plaintiff’s allegations do not show that the defendants actually conspired with each other, he arguably has alleged enough facts to suggest that Benjamin Ford, Dooly State Prison Warden Aimee Smith, Valdosta State Prison Warden Jacob Beasley, Tier II Unit Manager Tangie Morrison, and disciplinary report investigator Mr. Flucas all personally participated in the steps that led to Plaintiff being put into Tier II at Valdosta to some extent. ... At this stage, Plaintiff’s allegations are sufficient to allow him to proceed for further factual development on his claim that Ford, Warden Smith, Warden Beasley, Morrison, and Flucas denied him due process with regard to his placement and retention in the Tier II program.

Section 1983 requires personal involvement in the constitutional deprivation to hold a defendant individually liable.

Craft v. Burns · filed 2022-10-05

As Foster correctly states, Section 1983 liability is premised on personal involvement.

A § 1983 complaint must allege facts showing that the named defendant was involved in violating the plaintiff’s rights.

Kaufmann v. Coleman · filed 2022-10-06

Despite being given the opportunity to amend his complaint, Kaufmann fails to allege any fact against the defendant and, thus, the court cannot determine that this defendant was involved at all in violating his rights.

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

Murphy, Desmond v. Pollard, Thomas · filed 2022-10-06

To be liable under § 1983, a defendant must have some personal involvement in the constitutional deprivation.

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

(PC) Hicks v. Covello · filed 2022-10-06

As set forth above, 42 U.S.C. § 1983 requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.

Section 1983 requires personal involvement for individual liability.

Kunkle v. Holcomb · filed 2022-10-06

But he doesn’t allege they had any involvement in reading the protected correspondence, so the complaint does not state a claim against them. See Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (personal involvement is necessary for individual liability under 42 U.S.C. § 1983).

An individual-capacity claim under Section 1983 must allege facts showing the defendant’s personal responsibility for the harm.

Houston v. Klaverkamp · filed 2022-10-06

If Plaintiffs are suing a defendant in an individual capacity, they are required to allege facts demonstrating the personal responsibility of the defendant for harming them.

Section 1983 liability requires a defendant’s personal involvement in the alleged deprivation of rights.

Griffin v. Lovelace · filed 2022-10-06

Because she never saw him, she does not have the personal involvement required for § 1983 liability.

Section 1983 requires each official’s own actions to cause the alleged constitutional violation; it does not allow vicarious liability.

T.J. v. City of Pawtucket · filed 2022-10-06

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.”

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

Chrichlow v. Sipple · filed 2022-10-07

The Court agrees that Annucci, LaPenna, Proulx, Kohler, and Keyser are mentioned nowhere in the TAC but its caption. (See generally TAC). Any § 1983 claims against Annucci, LaPenna, Proulx, Kohler, and Keyser are, therefore, dismissed.

Section 1983 requires a defendant to be personally responsible for the acts underlying a claim.

Sanders v. Starling · filed 2022-10-11

Although Sanders alleges retaliatory actions by prison officers—who he says unjustly put him on property restriction, sprayed him with chemical agents, and used excessive force during his Tegretol incident—Waite was not plausibly responsible for any of those acts. She was not even present for any except the first, when a captain issued the property restriction order in her presence. Consequently, these acts cannot form the basis of a § 1983 claim against her.

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

(PC) Alley v. Her · filed 2022-10-11

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

Section 1983 requires a plaintiff to identify what each defendant did and when to support a claim against that defendant.

(PC) Rouser v. Allison · filed 2022-10-11

Plaintiff must identify how in particular each defendant denied plaintiff programming and when those actions occurred.

Section 1983 individual-capacity claims require allegations of each defendant’s personal involvement in the alleged violation.

Barletta v. Quiros · filed 2022-10-11

To the extent plaintiff sues defendants Mulligan, Maiga, and Garcia under §1983 in their individual capacities, he has failed to allege their personal involvement.

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

Mallison v. Connecticut Office of Early Childhood · filed 2022-10-11

Importantly, under § 1981 and § 1983, an individual may not be held liable “merely because he held a high position of authority,” or on a theory of vicarious liability, but can be liable only if he was “personally involved in the alleged deprivation.”

Section 1983 permits damages against a defendant only if the defendant was personally responsible for the deprivation of a constitutional right.

McClelland v. Armstrong · filed 2022-10-12

Moreover, McClelland presents no evidence that any of the Defendants were responsible for the delayed delivery of the canteen items.

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

(PC) Rogers v. Matteson · filed 2022-10-12

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

Section 1983 requires a plaintiff bringing an individual-capacity claim to show that each defendant personally participated in the deprivation of the plaintiff’s rights.

(PC) Adkins v. Austin · filed 2022-10-12

Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate that each defendant personally participated in the deprivation of his rights.

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

(PC) Love v. Hill · filed 2022-10-12

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

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

Brown v. Glover · filed 2022-10-12

In his amended complaint, Brown does not include any allegations that would establish personal involvement by Weikert or Rhone in the purported constitutional violations.

A prison official’s participation in the grievance process generally does not establish personal liability under Section 1983 for an alleged constitutional violation.

Coleman v. Allen · filed 2022-10-13

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

Section 1983 requires allegations that each individual defendant was personally involved in the constitutional deprivation.

Garrard v. Garden · filed 2022-10-13

As with all claims brought pursuant to 42 U.S.C. § 1983, Count 1 requires the plaintiff to allege personal involvement in a constitutional deprivation by each individual defendant.

A § 1983 damages claim against government officials must allege facts showing what each defendant did to violate the plaintiff’s rights.

O'Neal v. Miniard · filed 2022-10-13

The Sixth Circuit “has consistently held that damage claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what each defendant did to violate the asserted constitutional right.” Lanman v. Hinson, 529 F.3d 673, 684 (6th Cir. 2008) (emphasis in original) (citing Terrance v. Northville Reg’l Psych. Hosp., 286 F.3d 834, 842 (6th Cir. 2002). No allegations are made in the complaint with respect to the other defendants before the assault.

Section 1983 requires a plaintiff seeking damages from a defendant to allege that defendant’s direct personal involvement in the constitutional violation.

Retamar v. Bonetti · filed 2022-10-14

To do so, Mr. Retamar must allege that any Defendant against whom he seeks damages has direct personal involvement in an Eighth Amendment violation.

Section 1983 requires allegations of a defendant’s personal involvement; denying a prisoner’s grievance alone is insufficient.

Rhoades v. Wills · filed 2022-10-14

He merely states that they denied his grievances, which is not enough.

Section 1983 requires allegations of specific conduct by each defendant; merely naming a person as a defendant does not state a claim.

Williams 301961 v. Cooley · filed 2022-10-14

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

Section 1983 requires allegations that each defendant was personally involved in the alleged deprivation of rights; collective allegations are insufficient.

CEASAR v. VARNER · filed 2022-10-14

Thus, the allegations asserted in the Complaint and attachments fail to establish the necessary personal involvement of any named Defendant. The general allegations alleged against the Defendants collectively are insufficient to satisfy this pleading requirement.

Section 1983 requires a plaintiff to identify how the defendant personally interfered with the plaintiff’s rights.

Medina v. University of Utah · filed 2022-10-17

Failure to identify a particular action by the defendant to show how she personally interfered with a plaintiffs rights means the plaintiff cannot maintain a § 1983 claim against that defendant.

Section 1983 requires facts showing each defendant’s direct personal involvement in the alleged deprivation of rights.

Richardson v. Adams · filed 2022-10-17

Under Section 1983, a plaintiff must also allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Green, Jr. v. Gregory · filed 2022-10-18

Because Greene failed to respond to Montague’s denial of any involvement in any transfer decision or in the ICC hearings [Dkt. No. 19-40], Montague’s motion for summary judgment on Greene’s due process claim will be granted.

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

Williams v. Milwaukee County Jail · filed 2022-10-18

Simply listing the names of putative defendants, without alleging what any of them specifically did to violate the plaintiff’s rights, is not enough to hold them liable under §1983.

Section 1983 does not impose liability on prison officials who merely deny a grievance without causing or participating in the underlying conduct.

Alvarado v. Blieler · filed 2022-10-18

Prison officials who deny grievances “but who otherwise did not cause or participate in the underlying conduct” cannot be held liable under § 1983.

Section 1983 imposes liability only on defendants personally involved in the alleged deprivation.

Benjamin v. Ewert · filed 2022-10-18

Section 1983 holds liable only defendants who are personally involved in an alleged deprivation. ... Because the complaint does not allege whether or how Tritt is involved with the plaintiff’s claims, it fails to state a claim against him.

Section 1983 requires a prisoner to allege that a defendant was personally involved in the deprivation of a constitutional right or knew of the violation, could correct it, and facilitated, approved, condoned, or ignored it.

Randall v. Schoenbeck · filed 2022-10-18

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.

Section 1983 requires a plaintiff to show a defendant’s personal involvement in the deprivation of a federal right.

DUARDO v. CITY OF HACKENSACK · filed 2022-10-18

Generally speaking, a defendant is only liable under § 1983 where a plaintiff demonstrates their personal involvement in the deprivation of a federal right.

Section 1983 requires a plaintiff to allege a causal link between each defendant’s actions and the claimed deprivation of rights.

(PC) Blalock v. Covello · filed 2022-10-19

To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the named defendants and the alleged deprivations.

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

(PC) Washington v. Diaz · filed 2022-10-19

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

Section 1983 requires allegations that administrative or grievance officials were personally involved in the challenged care or set a policy that prevented it.

Rhoades v. Jeffries · filed 2022-10-19

He names only administrative and grievance officials, who did not actually provide him with care. ... He also has not alleged that these individuals set forth any policies or practices which prevented him from receiving the booster shot when he wanted it.

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.

Daly v. Thom · filed 2022-10-19

Daly’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.

Section 1983 requires a plaintiff to identify how each defendant personally caused the alleged deprivation of rights.

(PC) Martinez v. Brandon · filed 2022-10-20

To state a claim for relief under § 1983, plaintiff must state facts explaining how each of the identified defendant caused the deprivation of his rights. ... However, plaintiff has not identified which defendant took such action.

Section 1983 requires allegations of a defendant’s personal involvement in the claimed deprivation, including when the defendant is a supervisor.

(PC) Farha v. Foss · filed 2022-10-20

In addition, given defendant Frailey’s supervisory role, plaintiff must provide specific allegations as to Frailey’s personal involvement in the alleged violations.

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

PUMBA v. MILLER · filed 2022-10-20

As for Mette and Warden Miller, Pumba does not allege that they were ever personally involved in the alleged violation of his First Amendment rights.

Section 1983 requires a plaintiff to show that each individual defendant was personally involved in the alleged rights violation.

Hari v. Stuart · filed 2022-10-21

We find that summary judgment was proper as to the claims against defendants Stuart and Wood, as the record did not show that they were personally involved in the alleged violations of Hari’s rights. See White v. Jackson, 865 F.3d 1064, 1081 (8th Cir. 2017) (to prevail on § 1983 claim, plaintiff must show individual defendant’s personal involvement in alleged violation).

Section 1983 damages against an individual defendant require proof that the defendant was personally involved in or directly responsible for the alleged constitutional violation.

Houston v. Bredeman · filed 2022-10-21

We agree with the district court that summary judgment was appropriate on the individual-capacity Eighth Amendment claim against Dr. Bredeman, as the evidence did not show that Dr. Bredeman was involved in providing medical treatment to Houston.

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

(PC) Watson v. Sacramento County Sheriffs Office · filed 2022-10-21

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

Section 1983 requires a plaintiff to allege that each defendant caused the constitutional deprivation through that defendant’s own actions.

Kissner v. WASHINGTON · filed 2022-10-21

To state a claim under § 1983, a plaintiff “must allege that each defendant, through that defendant’s own actions, subjected him (or caused him to be subjected) to the constitutional deprivation.”

Section 1983 requires defendants to be liable for their own misconduct; it does not allow respondeat superior liability.

(PC) Gray v. Clark · filed 2022-10-24

There is no respondeat superior liability under Section 1983, and the Defendants are only liable for their own misconduct.

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

(PC) Johnson v. Unknown · filed 2022-10-24

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

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

(PS) Sanders v. Sacramento Sheriff's Department · filed 2022-10-24

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

A § 1983 claim requires the defendant to have been personally responsible for depriving the plaintiff of a constitutional right.

Wakefield v. District Attorney's Office · filed 2022-10-24

To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.

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

Walker v. Capra · filed 2022-10-24

Moreover, Plaintiff has not identified any defendant who was personally involved in depriving him of hearing aids. Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013) (“To establish a defendant’s individual liability in a suit brought under [Section] 1983, a plaintiff must show . . . the defendant’s personal involvement in the alleged constitutional deprivation.”).

A Section 1983 damages claim requires allegations that each defendant was personally involved in the underlying constitutional violation.

Tripathy v. Feuz · filed 2022-10-24

That is, a plaintiff must plead each defendant’s personal involvement in each element of each underlying constitutional violation. ... Here, even a liberal reading of the amended complaint fails to implicate the personal involvement of any of the Fishkill Defendants in any of the constitutional violations discussed above.

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

Rivera v. Annucci · filed 2022-10-24

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.

Section 1983 requires a plaintiff to allege each official’s personal involvement in the constitutional violation; supervisory rank alone is insufficient.

Burgess v. Banasike · filed 2022-10-24

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.

Section 1983 requires a supervisor’s personal involvement in the alleged constitutional violation; advance approval of a cell extraction alone does not establish it.

Diaz v. Roberts · filed 2022-10-24

However, the use of pepper spray and cell extraction procedures in such a situation is not inherently unconstitutional, and Plaintiff has offered nothing indicating that Noeth authorized or participated in the alleged use of excessive force, sexual assault or denial of medical care. Accordingly, Plaintiff’s request to add Noeth as a defendant is denied.

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

JEFFERSON v. LUQUIS · filed 2022-10-24

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

Section 1983 requires facts showing each defendant’s personal involvement in the alleged deprivation; a leadership position alone does not establish liability.

Dominguez v. Walsh · filed 2022-10-25

In addition, to state a Section 1983 claim, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation. ... Plaintiff also fails to show how each defendant was personally involved in what occurred. ... The mere fact that they hold leadership positions is insufficient to hold them liable for what occurred.

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

Adkisson v. Welch · filed 2022-10-25

First, Plaintiffs do not allege that any named Defendant is responsible for the prison charging sales tax on commissary items without itemizing the sales tax on the receipt. As such, the complaint fails to state a claim upon which relief may be granted as to any named Defendant.

Section 1983 permits a medical-care claim against individuals alleged to have known of a detainee’s medical needs and refused treatment.

Brown v. Montgomery County Management · filed 2022-10-25

Plaintiff alleges that these individuals were aware of his medical needs, did not take his complaints seriously, and refused to arrange for his needed surgery. Although Plaintiff ultimately must provide more evidence in support of his allegations, the Court finds that these allegations state colorable Section 1983 claims based on the denial of adequate medical care to Plaintiff, a pre-trial detainee.

Section 1983 requires a defendant’s personal involvement in the alleged violation; merely processing or denying a grievance does not establish liability.

Townsend v. Longino · filed 2022-10-26

Vicarious liability is inapplicable to Section 1983 suits. ... Plaintiff fails to offer evidence that Defendant Martin personally participated in the alleged First Amendment violation, namely, the rejection of his outgoing mail, or personally participated in any adverse action constituting retaliation for his exercise of his First Amendment rights. ... The Court grants summary judgment as to all claims against Defendant Martin.

Section 1983 limits liability to public employees who personally caused or participated in a constitutional violation.

Goodvine v. Anderson · filed 2022-10-26

Section 1983 limits liability to public employees who are personally responsible for a constitutional violation. ... Because the plaintiff has not alleged that Ellison and Peterson were personally involved in allowing Girson to be in the dayroom without supervision, he may not proceed against them on a conditions-of-confinement clam.

Section 1983 requires allegations connecting each defendant’s own actions to a violation of the plaintiff’s federal rights; generalized allegations against defendants as a group do not suffice.

Helfferich v. State of New Mexico · filed 2022-10-26

As pled, the generalized allegations of wrongdoing and harm in the Complaint do not state a viable claim under § 1983.

Section 1983 requires a plaintiff to allege that each defendant personally took action that caused the claimed deprivation.

Alexander v. Ely · filed 2022-10-27

First, he does not allege that any of the defendants (Ely, Ravizee, or Crowder), personally, took any action that hindered his ability to exercise his right to access the court.

Section 1983 requires allegations tying each individual defendant to the alleged violation; vague allegations against defendants collectively do not suffice.

TATEL v. MT. LEBANON SCHOOL DISTRICT · filed 2022-10-27

Vague, conclusory allegations that “the defendants” violated Plaintiffs’ constitutional rights are not actionable.

Section 1983 requires a plaintiff suing supervisory officials to allege that each official was personally involved in the alleged constitutional violation.

Brown Bey v. State of New York (Inc) · filed 2022-10-28

To bring a claim against any of these high-ranking New York City officials, Plaintiff may not simply rely on their status as officials with supervisory authority, but instead “must plead and prove that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Tangreti v. Bachmann, 983 F.3d 609, 618 (2d Cir. 2020) (internal quotation marks omitted). Plaintiff has not even attempted to meet this standard because her complaint includes no allegation that the City Defendants were personally involved in her criminal prosecution.

Section 1983 requires a plaintiff to allege that each defendant personally participated in violating the plaintiff’s constitutional rights.

Voits v. Brown · filed 2022-10-28

Finally, plaintiff does not allege personal involvement by any of the named defendants in the delayed delivery of his mail or his restricted access to the law library. Plaintiff is advised that liability under § 1983 arises upon a showing of personal participation by each defendant, and plaintiff must allege that each named defendant, through his or her own individual actions, violated plaintiff’s constitutional rights.

Section 1983 requires a government official’s own actions to cause the alleged constitutional deprivation; liability cannot rest solely on the official’s position.

Elias v. Rosas · filed 2022-10-31

Hence, a government official may not be held liable under Section 1983 unless the particular official’s own actions caused the alleged constitutional deprivation.

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

Jones v. Alicea · filed 2022-10-31

Given that Plaintiff does not allege any personal involvement by Defendant in the emergency button failure, those factual allegations do not state a § 1983 claim against him.

Section 1983 requires a plaintiff to show that each defendant was personally responsible for depriving the plaintiff of a constitutional right.

McWilliams v. Unknown · filed 2022-10-31

To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.

A prison official is not liable under § 1983 merely for denying an administrative grievance.

Al-shimary v. Dirschell · filed 2022-10-31

The Report and Recommendation concluded that Al-Shimary had failed to exhaust his claims against Tuzas in Grievance 0444 because (1) a prison official cannot be liable under 42 U.S.C. § 1983 for merely denying an administrative grievance; (2) Tuzas was not named in the grievance at Step I; and (3) the grievance was, by Al-Shimary’s own acknowledgement, filed against Dirschell only and not against Tuzas. ... It is hereby ORDERED that Magistrate Judge Grey’s Report and Recommendation of May 19, 2022 is ACCEPTED and ADOPTED.

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

Caraballo v. Department of Corrections City of New York · filed 2022-10-31

Absent any specific allegations as to the individual Defendants’ personal involvement in Plaintiff’s claims, the Complaint fails to state a § 1983 claim as to those Defendants.

Section 1983 complaints must describe each defendant’s involvement in the alleged violation of the plaintiff’s rights.

Wright v. Greene County Jail · filed 2022-11-01

Wright must file an amended complaint within 30 days with a short and concise statement explaining how his claims are related or narrowing them if needed; providing more specifics regarding his retaliation and due process claims; describing each defendant’s involvement in the violation of his rights; and describing how he was injured as a result.

Section 1983 requires a plaintiff to link each defendant’s conduct to the specific injury alleged.

Neilton Gold v. Logan Edge · filed 2022-11-01

Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered.

Section 1983 requires allegations connecting the named defendant’s conduct to the claimed deprivation of rights.

Woodson v. Ashwood · filed 2022-11-02

Because there are no allegations concerning Officer Ashwood, the court concludes that Woodson has failed to state a cognizable § 1983 claim against the defendant.

Section 1983 requires allegations of a defendant’s personal involvement in the deprivation of a federal right; naming a sheriff alone is insufficient.

Johnson v. Rush · filed 2022-11-02

Listing the name of the sheriff without alleging what he did or failed to do to violate the plaintiff’s rights is not enough to hold him liable under §1983.

Section 1983 requires allegations of each defendant’s personal responsibility for a claimed deprivation of rights; naming a defendant alone is insufficient.

Love v. Monka · filed 2022-11-02

Merely listing the Doe defendants in the caption of the complaint without alleging what any of them did or failed to do to violate the plaintiff’s rights is not enough to hold them liable under §1983.

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

(PC) Arrant v. Sacramento County Jail · filed 2022-11-02

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

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

(PC) Tamrat v. CDCR · filed 2022-11-02

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. ... Defendants CMF Warden and CMF Acting Warden are dismissed because they are not linked to the alleged deprivations.

Section 1983 permits a claim against an individual state officer whose actions cause a deprivation of federal rights, even if the officer did not make the final decision.

Stahl v. Klotz · filed 2022-11-02

Defendant Harmon has not established on summary judgment that she did not “cause” Stahl’s termination in this regard. ... A reasonable fact-finder could infer from this evidence that Harmon played a personal role in the decision to end Stahl’s employment without adequate notice and a chance to be heard.

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

Yanga v. Eastman · filed 2022-11-02

On the evidence before the Court, no reasonable juror could find that Eastman was sufficiently involved in the alleged use of force to subject him to liability under § 1983.

Section 1983 requires a plaintiff to allege each official’s personal involvement in the violation; a supervisory position alone is insufficient.

Peters v. New York State · filed 2022-11-02

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.

Section 1983 permits claims against physicians who treat prisoners, but liability requires a causal link between the physician’s conduct and the injury.

Bugg v. Burrell, D.D.S. · filed 2020-10-09

Bugg’s complaint also fails to establish a causal link between Dr. Brown’s actions and plaintiff's injury. ... While contractual medical providers such as Dr. Brown can be held liable under § 1983, ... Dr. Brown was not on-site at LCC and as such had no control over Bugg’s post-operative care.

Section 1983 does not impose personal liability on jail officials who reasonably rely on medical providers treating a detainee.

Miranda v. County of Lake · filed 2018-08-10

Because we find that Fitch and Hunter’s reasonable reli- ance on their medical providers shields them from liability under section 1983, we need not consider the County defend- ants’ alternative arguments for dismissal.

Non-medical prison officials cannot be held liable under § 1983 for reasonably relying on medical professionals’ judgment.

Allen, John L. v. Frank, Matthew J. · filed 2007-08-30

And the non-medical officials cannot be held liable for ... reasonably relying on the medical judgment of professionals.

Section 1983 requires a causal connection between each defendant and the alleged rights deprivation; prison officials who were not responsible for medical decisions and did not fail to act with deliberate indifference are not liable.

Clarkson v. James E. Aiken, Dean Neitzke, D. Bruce Jordan · filed 1993-05-10

Clarkson has not alleged any facts tending to show that Aiken, Neitzke, Jordan, and Badger were responsible for any of the decisions concerning his medical treatment, or that they failed to act where such failure would amount to deliberate indifference to his serious medical needs. ... We therefore affirm the district court's grant of summary judgment in favor of Aiken, Neitzke, Jordan, and Badger.

Correctional officials who were not involved with a prisoner's medical decisions cannot be held liable under Section 1983 for inadequate medical treatment.

Morales v. Harden · filed 1993-12-20

The claims against the remaining Defendants, all correctional officials, were also appropriately dismissed on summary judgment. Those officials were not involved with medical decisions regarding Morales and thus cannot be held liable for any inadequate medical treatment he may have received.

Section 1983 liability for delayed medical care requires evidence that the defendant was responsible for the delay.

Williams v. Roy Mueller, Warden Clarence Davis, C.O. · filed 1994-01-11

The district court dismissed these counts because, assuming that Williams’s access to medical care had been delayed, Williams presented no evidence that Mueller was responsible for the delay. The record supports the district court’s ruling on this issue, and we ... thus affirm the dismissal of counts two and three.

Section 1983 does not make an arresting officer liable for a detainee’s alleged denial of medical care at the jail when the officer had no involvement in that care.

Newsome v. Webster · filed 1994-03-14

Stahler, the arresting officer, had nothing to do with Knox’s medical care at the jail and as a matter of law would not be accountable under § 1983 had she been denied proper medical care.

Section 1983 does not make a prison health care administrator liable for responding to an inmate’s medical grievances when he was not the treating physician.

Turner v. U. Sina, M.D. · filed 1995-07-13

Furthermore, the defendant Murray cannot be held liable for responding to the grievances when he was not the plaintiff's treating physician.

Section 1983 does not impose liability on jail officials for medical providers’ alleged constitutional violations when the officials are entitled to rely on the providers’ medical judgments.

Norris v. Detrick · filed 1996-03-01

Assuming, for purposes of summary judgment, that the medical treatment fell below the standard of care owed plaintiff, the defendants were, nonetheless, entitled to rely on their health care provider’s expertise and cannot be liable under § 1983 for any alleged constitutional violations.

Section 1983 requires the named defendants to be personally responsible for the alleged delay in medical treatment.

Kenny Woods v. Jerral Cannon · filed 1996-04-24

We also believe the district court correctly...concluded that Woods did not name as defendants the parties who may have been responsible for any delay in additional treatment.

A warden with no involvement in a prisoner’s medical treatment is not liable under § 1983 for a deliberate indifference claim based on that treatment.

Snipes v. George Detella, Doctor Ehrhardt, John L. Russian · filed 1996-09-09

Snipes’ deliberate indifference claim against Dr. Ehrhardt, and thus against Warden DeTella, who had no involvement in the treatment, is without merit.

Section 1983 liability requires a defendant’s personal participation in the alleged unlawful conduct; officers are not liable for medical procedures performed by hospital staff without their participation.

Cameron v. Hendricks · filed 1996-09-27

There is no factual basis for holding the defendants liable for the actual manner in which the physician performed or administered the digital probe search of the plaintiffs rectum. The same holds true for the hospital staffs decision to strip the plaintiff and dress him in a hospital gown and to give him an enema. The plaintiff does not allege any facts showing the defendants’ participation in any of these acts.

Section 1983 does not support an inadequate medical care claim against defendants who had no duty to monitor the plaintiff’s care and were not otherwise involved in the denial of care.

Lowe v. Gibson · filed 1996-12-13

The magistrate judge recommended dismissing the complaint as frivolous, pursuant to 28 U.S.C. § 1915, because plaintiff failed to allege that defendants had any duty to monitor plaintiff’s medical care or were otherwise involved in the purported denial of care. ... Even liberally construing plaintiff’s complaint, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), it is evident that his claim against the OIDS employees for inadequate medical care lacks an arguable legal basis. We affirm the § 1915 dismissal substantially for the reasons stated by the magistrate judge and adopted by the district court.

An allegation of deliberate indifference to a prisoner’s serious medical needs is part of a § 1983 constitutional claim, not an independent cause of action.

Luther v. Compton · filed 1999-11-22

Because we conclude that the plaintiffs assertions of deliberate indifference do not state an independent cause of action but are, instead, part of his 42 U.S.C. § 1983 claim, we reverse only that portion of the intermediate court’s decision permitting additional discovery.

Section 1983 permits liability for denial of medical care when defendants knowingly ignore an objectively serious condition; negligence alone is insufficient.

Adams, Gregory v. Durai, U. · filed 2005-11-02

To establish § 1983 liability for denial of medical care, an inmate must demonstrate that he was suffering from an objectively serious medical condition that the defendants knew about but ignored. ... Negligence or even gross negligence does not give rise to an Eighth Amendment claim, but blatantly inappropriate treatment or intentional mistreatment is actionable under § 1983.

Section 1983 does not provide a cause of action for disagreement with medical care, unsuccessful treatment, negligence, neglect, or medical malpractice.

Johnson v. Sharp · filed 2008-04-15

Johnson’s disagreement with the care provided by Dr. Mai Tran on March 17, 2005, does not give rise to a § 1983 cause of action, nor does unsuccessful medical treatment, negligence, neglect, or medical malpractice.

Section 1983 permits prison administrators to defer to a treating physician’s judgment when an inmate has not alerted them that the physician is ignoring him.

Burse v. Komorowski · filed 2013-04-16

As administrators, Zwiers and Thorpe would have been required to take action if Dr. Heidorn was ignoring Burse, but this was not the concern Burse presented to them, and so they were free to defer to Dr. Heidorn’s judgment.

Section 1983 does not make correctional officials liable for medical staff’s treatment when they lack actual knowledge that intervention is needed to prevent a constitutional wrong.

Grissom v. Corizon, LLC · filed 2020-06-11

The law does not impose upon correctional officials a duty to directly supervise health care personnel, to set treatment policy for the medical staff, or to intervene in medical treatment decisions where the officials have no actual knowledge that intervention is necessary to prevent a constitutional wrong.

Section 1983 permits nonmedical institutional staff to rely on medical staff’s decisions about accommodations when they have no reason to know the patient is receiving inadequate care.

Brown, Larry v. Bellile, Doug · filed 2022-09-13

Finally, like all these non-medical defendants, Schmelzle and his supervisor Park were entitled to rely on Sand Ridge medical staff to issue any medical accommodations appropriate for plaintiff, if any, before easing policy.

Section 1983 permits an unlawful-arrest claim against an officer who sufficiently participates in the arrest, even if another officer makes it.

GOODWIN v. CRAWFORD COUNTY GEORGIA · filed 2020-02-21

Here, Goodwin has offered enough evidence from which a jury could conclude that Neesmith was sufficiently involved in Goodwin’s arrest to be subjected to § 1983 liability.

Section 1983 does not impose liability on an officer whose involvement in an arrest is limited to clerically transmitting arrest documents to a court.

Lewis v. City of Boston · filed 1993-08-03

As for Officer Holland, the record reveals that his involvement with plaintiffs arrest was limited to transmitting the incident report, the arrest sheet and the application for compliant to the Boston Municipal Court. The court fails to see how this essentially clerical action can serve as the basis for liability under § 1983.

Section 1983 requires evidence connecting an officer to the alleged arrest or use of force before that officer can be held liable.

Frigo v. Guerra · filed 1994-07-12

Because the issue can be disposed of quickly, this opinion first addresses Frigo’s claim that Guerra can be held accountable for whatever — either the arrest itself or the use of force — occurred post-chase on the side of the road. No basis exists for that claim.

Section 1983 permits liability for a person who directs or assists an unlawful arrest, even if that person does not make the arrest.

David Gordon, Individually and as Father and Next Friend of Adam Gordon v. Degelmann · filed 1994-08-22

The instruction was incorrect. One who directs or assists an unlawful arrest may be liable.

Section 1983 does not impose liability for a false arrest on officers who did not participate in that arrest.

John Sandul, Robert Sandul, and Devona Sandul v. Timothy Larion, Sgt. Robert Stevenson, and Sgt. Lawrence Little · filed 1995-04-11

We reiterate our holding that the district court erred in granting summary judgment to defendant Larion for plaintiff John Sandul's claim based on false arrest for disorderly conduct; however, the district court did not err in granting summary judgment to defendants Stevenson and Little for plaintiff's claim of false arrest based on disorderly conduct because they did not participate in this initial arrest.

Section 1983 requires a sufficient causal connection between a defendant officer and an allegedly unconstitutional arrest.

Morley's Auto Body, Inc. v. Hunter · filed 1995-12-18

However, the constitutionality of Solow's arrest is irrelevant insofar as the defendant in this case, Captain Graham, is concerned, unless a sufficient connection exists between Captain Graham and the arrest.

Section 1983 liability for an arrest requires a sufficient connection between the defendant and the arrest.

Morley's Auto Body, Inc. v. Hunter · filed 1996-02-27

However, the constitutionality of Solow's arrest is irrelevant insofar as the defendant in this case, Captain Graham, is concerned, unless a sufficient connection exists between Captain Graham and the arrest.

Section 1983 liability for a policy of illegal strip searches requires evidence that the defendants created or condoned the policy.

Black v. Cuomo · filed 1996-04-01

In addition, there was no evidence that the defendants created or condoned a policy of allowing illegal strip searches.

Section 1983 requires personal involvement in the alleged deprivation; an officer who did not participate in the plaintiff’s arrest cannot be liable for it.

Bryant v. Rudman · filed 1996-06-24

Accordingly, based on the lack of any evidence submitted by the plaintiff to even suggest a factual question about the nature of Detective Capobianco’s involvement in the plaintiffs arrest, and in light of the concession by the plaintiffs counsel at oral argument, it is clear that the plaintiff has no claim under § 1983 against Detective Capo-bianco.

A § 1983 claim against an officer cannot survive summary judgment when the evidence does not place him at the allegedly unlawful stop and arrest.

Gantt v. County of Nassau · filed 1996-12-09

We find, however, that there is no legitimate issue of fact as to whether Nassau County Detective "John” Browne was with Aresta when he stopped the vehicle and arrested the plaintiffs. At a hearing held pursuant to General Municipal Law § 50-h, the plaintiff George Gantt specifically testified that Aresta was alone and that there was no one else in his police car. In opposition to the defendants’ motions, Gantt submitted an affidavit in which he stated that both Aresta and Browne stopped the vehicle. Gantt cannot create an issue of fact by making statements in an affidavit which completely contradict his prior sworn testimony without offering any explanation for the contradiction. Therefore, the court erred in failing to dismiss the causes of action to recover damages for false arrest and assault against Browne and the County of Nassau and the cause of action based on violation of 42 USC § 1983 insofar as asserted against Browne.

Section 1983 permits a false-arrest claim against an officer when evidence of his assistance creates a factual dispute about his participation in the arrest.

Palmer v. Smith · filed 1996-12-24

The court's review of the evidence, however, reveals that it is sufficient to create a genuine issue of material fact as to whether McCall participated in plaintiff's unlawful arrest. McCall aided Daigle by positioning his cruiser in a good location and by holding the doors as Palmer was escorted out. Accordingly, McCall is not entitled to summary judgment on plaintiff's section 1983 claim.

Section 1983 requires proof that the defendant caused or contributed to the alleged rights violation; an officer who did not participate in an arrest is not liable for that arrest.

Lemons v. Lewis · filed 1997-06-16

Plaintiff has presented no evidence to controvert Lewis’ assertion that she did not participate in any way in plaintiffs initial arrest. Consequently, plaintiff has not established that Lewis acted under color of state law, and caused or contributed to the alleged violation, see Jenkins, 81 F.3d at 994. Therefore, Lewis is entitled to summary judgment on any claim of false arrest regarding plaintiffs initial arrest.

Section 1983 liability for an unlawful arrest can extend to officials whose intentional actions set the arresting officer in motion.

Berg v. County of Allegheny · filed 2000-07-17

It is thus clear that § 1983 liability for an unlawful arrest can extend beyond the arresting officer to other officials whose intentional actions set the arresting officer in motion.

Section 1983 permits joint and several liability for officers who actively assist an unlawful arrest, even if they do not personally place the plaintiffs in handcuffs.

Wesby v. District of Columbia · filed 2012-01-18

As such, Khan, Espinosa and Parker are jointly and severally liable with whomever actually placed the Plaintiffs in handcuffs and transported them to the police station.

Section 1983 does not impose false-arrest liability on an officer who merely witnesses an arrest and later drives the arrestee to the station.

Lozano v. State of New Jersey · filed 2021-08-16

Merely being present at the scene and driving the arrestee to the station, however, are not part of the arrest. Neither the District Court nor Lozano have identified any conduct by Officer Hernandez while he was at the Wawa that could be considered part of the arrest, which was conducted entirely by Sergeant Dorilus. And driving Lozano to the police station was not a “component of the arrest,” id., it was simply one of “the administrative steps incident to arrest,” Gerstein v. Pugh, 420 U.S. 103, 114 (1975). Officer Hernandez therefore did not violate Lozano’s right to be free from false arrest, so he is entitled to qualified immunity under both § 1983 and the CRA.

A supervising officer who approves an arrest can be personally liable for false arrest under § 1983 even if the officer is absent from the scene.

Vett v. City Of New York · filed 2022-01-05

So Defendants are incorrect in their argument that Sergeant Kelly cannot be held liable because he did not physically participate in arresting Plaintiff.

An officer who did not participate in an arrest or supervise the arresting officers cannot be liable for false arrest under Section 1983.

McDonough v. Mata · filed 2022-03-31

“The Eleventh Circuit held that an officer who does not participate in the actual arrest or who was not in the chain of command supervising the arresting officer cannot be liable for false arrest under § 1983.” ... Sergeant Garcia was also not a supervising officer in the chain of command.

Listing Doe defendants without specific allegations about them does not state a Section 1983 claim against them.

Schrubb v. State of California · filed 2022-05-31

Because Plaintiff has not made any specific allegations about Does 1-20, the claims against these Doe Defendants are DISMISSED without prejudice.

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

(PC) Richson-Bey v. Bell · filed 2022-05-16

The statute plainly 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.

A § 1983 complaint must identify what each defendant allegedly did so each has fair notice of the claim.

Crespin v. Albuquerque Police Department · filed 2020-09-28

Although the above factual allegations would ordinarily survive initial review, the original complaint failed to identify the officers involved in his arrest. ... For example, Plaintiff was reminded that “[a] successful § 1983 complaint must make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claim against him or her.” ... The Court will therefore dismiss this action pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted.

A § 1983 claim must identify the defendants; a generic reference to medical staff is insufficient.

Urban v. Mohr · filed 2019-10-23

Plaintiff’s generic reference to “medical staff” is insufficient to state a plausible § 1983 claim for the same reasons as discussed above.

Section 1983 requires a plaintiff to link each named defendant to an affirmative act or omission that violates the plaintiff’s federal rights.

(PC) Anderson v. California Medical Facility · filed 2019-08-06

In order to state a claim for relief under 42 USC § 1983, plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff’s federal rights. ... Plaintiff has not met these requirements here.

Section 1983 does not require a plaintiff to identify each officer’s specific actions at the motion-to-dismiss stage when the complaint plausibly alleges that the officers participated in the misconduct or failed to intervene.

Robinson v. Farley · filed 2017-09-01

Exactly who did what is not asserted, but this is not a fatal omission, because a plaintiff is not required to make such specific allegations at the motion-to-dismiss stage, as explained above.

A § 1983 claim against individual defendants must identify whose constitutional rights were violated and what each defendant did to violate them.

Thomas v. New York City Department of Education · filed 2013-03-29

In the Prior M & 0, this Court advised Plaintiff that if she wished to allege a cause of action pursuant to 42 U.S.C. § 1983, she had to “specifically allege which defendants violated Plaintiffs Constitutional rights, what each defendant did to violate those rights, and which Plaintiffs’ rights were violated.” ... The Amended Complaint did not include these specific allegations, thereby implying that Plaintiff is not seeking to raise § 1983 claims against any of the individual defendants.

In a § 1983 suit against multiple government actors, the complaint must identify what each individual allegedly did so each has fair notice of the claim against them.

Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human Services · filed 2008-03-21

In § 1983 cases, defendants often include the government agency and a number of government actors sued in their individual capacities. Therefore it is particularly important in such circumstances that the complaint make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her, as distinguished from collective allegations against the state.

Section 1983 does not impose individual liability on prison board members without allegations of their individual involvement or indifference to a pervasive risk.

Glick v. Dr. F.M. Henderson · filed 1988-08-25

There simply has been no allegation of individual involvement or indifference to a pervasive risk sufficient to hold these parties individually liable under § 1983.

Section 1983 requires factual support showing that the defendant personally caused or contributed to the alleged deprivation; conclusory allegations of intentional, reckless, or negligent conduct are insufficient.

Watkins v. Johnson · filed 1974-05-14

I find not the slightest inference from the circumstances alleged that Johnson either intentionally, recklessly, or even through negligence, caused or contributed to the occurrence of these events. ... “Assuming that there is a duty under Pennsylvania law to make reasonable efforts to keep plaintiff in ‘safe custody,’ there is no allegation of facts indicating intentional action by these defendants ‘under color of’ state law subjecting plaintiff or causing plaintiff to be subjected to deprivation of his civil rights. * * * This court has repeatedly held that conclusory allegations, such as ‘intentionally, wilfully and recklessly,’ without supporting facts are not sufficient to make out a complaint under 42 U.S.C. § 1983. ...”

Section 1983 requires an allegation that the defendant was personally involved in depriving the plaintiff of constitutional rights.

Prochaska v. Fediaczko · filed 1979-07-12

We agree that an essential element of a 42 U.S.C. § 1983 action requires that the personal involvement of the defendant in the deprivation of the plaintiff’s constitutional rights be alleged.

Section 1983 requires allegations showing a defendant's personal involvement in the challenged conduct.

Polk v. MONTGOMERY COUNTY, MD. · filed 1982-09-30

The absence of any allegations that Sheriff Young was personally involved in Ms. Polk’s arrest and imprisonment is fatal to the complaint as it relates to defendant Young.