In action under Civil Rights Act, 42 USCS % 1983, brought by mother and
grandmother of adjudicated abused child and alleging that defendants
city commissioner of social services and one of employees, had
wrongfully removed child from grandmother's home and had kept child in
state custody without judicial approval or review, and without notice
or opportunity to be heard, commissioner's motion for summary
judgement would be granted since there was no evidence that he had
been personally involved and controlling precedent makes clear that
liability of named officials must be bottomed on personal involvement.
Lester v Brezenoff (1982, ED NY) 548 F Supp 616, affd without op (CA2
NY) 722 F2d 728.
In civil rights action pursuant to 42 USCS % 1983, brought against city
and alleging that police officer had filed unwarranted charges against
plaintiff as result of promulgation by chief of police of regulations
requiring officer to do so, trial court properly entered judgement for
plaintiffs since promulgation of regulation by chief of police could
fairly be said to have represented official policy of city. (1981, CA3
Pa) 662 F2d 181, 9 Fed Rules Evid Serv 62, cert den 455 US 1008, 71 L
Ed 2d 876, 102 S Ct 1646, reh den 456 US 950, 72 L Ed 2d 475, 102 S Ct
2022.
Prison supervisory personnel cannot be held liable under Civil Rights
Act, 42 USCS % 1983, unless there has been a showing that they were
either directly involved in, or had knowledge of and acquiesced in,
constitutional violations.  Hodgin v Roth (1982, ED Pa) 536 F Supp
454.
Complaint under 42 USCS % 1983 will be dismissed if it names supervisor
as defendant and only sets forth theory that as "supervisor" he is
"responsible" for what occurs, since, in order to survive scrutiny,
complaint must state that defendant actually participated in or
approved of alleged illegal conduct.  Egan v Concini (1984, MD Pa) 585
F Supp 801.
In civil rights action pursuant to 42 USCS % 1983, brought by female
former employee against city and alleging deprivation of rights
arising out of sexual abuse during arrest, unlawful arrest and
detention, bringing of criminal charges against her, and termination
of her employment, claims against city would be dismissed since
municipality may be sued for damages under % 1983 only where
constitutional violation has been committed pursuant to official
policy or custom, and there was no evidence of policy or custom.
Pratt v Bernstein (1981, SD NY) 533 F Supp 110.
In civil rights action under 42 USCS % 1983, brought by pretrail
detainee against county jail administrators and alleging
unconstitutional denial of medical treatment, defendant's motion for
summary judgement would be granted since defendants could not be held
liable under doctrine of respondeat superior, inasmuch as plaintiff
did not allege personal involvement by defendants.  Black v Delbello
(1983, SD NY) 575 F Supp 28.
Liability under 42 USCS % 1983 cannot be based upon respondeat superior
or other forms of vicarious liability; there must be allegation and
proof of personal involvement in form of actual participation or
acquiescence in alleged unlawful conduct by each defendant.  Tunnel v
Office of Public Defender (1984, ED NY) 583 F Supp 762.
Doctrine of respondeat superior generally is not applicable to actions
brought pursuant to Civil Rights Act, 42 USCS % 1983; supervisory
officials may be found liable for acts of subordinates, however, if
they actually participate or acquiesce in alleged deprivation of civil
rights, if they fail to supervise and control subordinates, or if they
have knowledge of pervasive risk of harm and fail to take reasonable
remediable steps to prevent it.  Vance v Bordenkircher (1982, ND W Va)
533 F Supp 429.
Although person cannot be held liable pursuant to Civil Rights Act, 42
USCS % 1983, under doctrine of respondeat superior as supervisor for
control of those who actual commit challenged acts, complaint may
properly state claim against supervisor where it is alleged that he
had sufficient personal involvement in establishing policy or custom
resulting in deprivation of constitutional guarantees due to that
policy or custom.  Tedder v Housing Authority of Paducah (1983, WD Ky)
574 F Supp 240.
In order to establish liability against supervisory personnel under
Civil Rights Act, 42 USCS % 1983, plaintiff must prove affirmative link
between their acts or omissions and actions directly causing alleged
violations; affirmative link requires more than mere negligent
supervision of those over whom supervisor had authority and control.
Hamrick v Lewis (1981, ND Ill) 515 F Supp 983.
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