[Note: The percent sign has been used as substitute for the
conventional section mark throughout the text, in order to maintain
Fidonet compatibility].
File: 1983CITE.ASC
42 USCS % 1983 References and Citations
There is no respondeat superior liability under Civil Rights Act, 42
USCS % 1983. Hauptmann v Wilentz (1983, DC NJ) 570 F Supp 351, affd
without op (CA3 NJ) 770 F2d 1070.
Theory of respondeat superior does not apply to impose liability on
supervisory official, such as warden, in civil rights action brought
pursuant to 42 USCS % 1983. King v Cuyler (1982, ED Pa) 541 F Supp
1230.
Theory of respondeat superior does not apply to causes of action
founded upon 42 USCS % 1983. Goodwin v La Polla (1984, ND NY) 589 F
Supp 1423.
Liability in suits under 42 USCS % 1983 may not be imposed on the basis
of respondeat superior. De Tore v Jersey City Public Employees Union
(1980, CA3 NJ) 615 F2d 980.
Theory of respondeat superior will not support liability in actions
brought pursuant to 42 USCS % 1983. Harris v Friedline (1983, ED Va)
582 F Supp 734, affd without opinion (CA4 Va) 745 F2d 51, cert den
(US) 84 L Ed 2d 388, 105 S Ct 1368.
In civil rights action pursuant to 42 USCS % 1983, brought by state
inmate against prison superintendent, superintendent could not be held
liable on basis of respondeat superior theory. O'Conner v Keller
(1981, DC Md) 535 F Supp 1359.
Respondeat superior is not basis for recovery in civil rights actions
brought under 42 USCS % 1983. Gay v Watkins (1984, ED Pa) 579 F Supp
1019, later proceeding (ED Pa) 599 F Supp 911.
One may not be held vicariously liable under 42 USCS % 1983 for
misconduct of another. Wheeler v Sullivan (1984, DC Del) 599 F Supp
630.
In civil rights action under 42 USCS % 1983, brought against city and
alleging that city officers had, pursuant to civil search warrant,
unlawfully seized personal property, city's motion to dismiss
complaint would be granted where plaintiff had failed to allege that
there was official city policy or custom of authorizing violations of
constitutional rights in connection with code enforcement. Hassell v
Philadelphia (1981, ED Pa) 507 F Supp 814.
42 USCS % 1983 does not permit imposition of liability of ground of
respondeat superior, but plaintiff must allege "affirmative link"
between alleged misconduct and actions of supervisors involving
supervisor's knowledge, acquiescence, support, or encouragement.
Jones v Eagleville Hospital and Rehabilitation Center (1984, ED Pa)
588 F Supp 53.
--- FMail/386 1.0g
(1:2629/124)
---------------
* Origin: Parens patriae Resource Center for Parents 540-896-4356
|