In action under Civil Rights. 42 USCS % 1983, brought against county
sheriff and alleging deprivation of constitutional rights by virtue of
arrest by sheriff's officer without warrant and without probable
cause, although sheriff, as supervisory employee, could not be held
liable under % 1983 unless he had personal knowledge of or direct
involvement in actions complained of, sheriff's motion to dismiss
would be denied since policies complained of were failure to train,
supervise and discipline officers, and approval or ratification of
officers' unlawful conduct, and since plaintiffs had specifically
alleged that sheriff had knowledge of policies and actions of officers
involved in case, and that sheriff's actions or omissions were
proximate cause of violations of constitutional rights.  Hill v
Marinelli (1982, ND Ill) 555 F Supp 413.
In action under Civil Rights Act, 42 USCS % 1983, brought by
convalescent center against deputy secretary of state department of
health and social services, alleging, inter alia, that secretary was
liable under Act for violation by subordinate of center's
constitutional rights, secretary's motion for summary judgement would
be granted since supervisory liability under % 1983 attaches only when
failure to supervise or lack of proper training program was so severe
as to reach level of "gross negligence" or "deliberate indifference"
to deprivation of plaintiffs constitutional rights . . .  Cameo
Convalescent Center, Inc. v Willkom (1983, WD Wis) 572 F Supp 1244,
affd without op (CA7 Wis) 753 F2d 1077, cert den (US) 86 L Ed 259, 105
S Ct 2359.
To be liable under 42 USCS % 1983, sheriff must be either personally
involved in acts causing deprivation of person's constitutional
rights, or there must be causal connection between act of sheriff and
violation sought to be redressed; causal connection can be established
where constitutional deprivation occur as a result of implementation
of sheriff's affirmative wrongful policies by his subordinates, or
where sheriff wrongfully breaches affirmative duty specially imposed
upon him by state law.  Lozano v Smith (1983, CA5 Tex) 718 F2d 756.
Although supervisory officials cannot be held liable under 42 USCS %
1983 on basis of employer-employee relationship, liability attaches
when their action or inaction amounts to gross negligence or
deliberate indifference and is proximate cause of constitutional
violation.  Spell v McDaniel (1984, ED NC) 591 F Supp 1090, 40 FR Serv
2d 508, later proceeding (ED NC) 604 F Supp 641, later proceeding (ED
NC) 606 F Supp 1416.
With respect to liability of supervisory defendants under Civil Rights
Act, 42 USCS % 1983, complaint, in order to survive motion to dismiss,
must allege either that supervisor ordered or directed constitutional
violations, or that supervisor knew of wrongdoing and did nothing to
correct situation even though he had legal obligation to do so, or
that supervisor maintained policy which encouraged disregard for
constitutional rights.  Stoute v Berman (1982, DC Mass) 555 F Supp
507.
Although liability of supervisory officials under 42 USCS % 1983 may
not be premised on respondeat superior, they may be held liable for
constitutional injuries inflicted by subordinates where supervisory
indifference or tacit authorization of subordinates' misconduct may be
causative factor in injuries they inflict on those committed to their
care.  Slakan v Porter (1984, CA4 NC), cert den (US) 84 L Ed 2d 796,
105 S Ct 1413
Local government entity may be amenable to suit under 42 USCS % 1983
for continuing failure to remedy known pattern of constitutionally
offensive conduct by subordinates if plaintiff shows that governmental
body had notice of prior misbehavior, that it failed to act in
deliberate indifference to further constitutional violations, and that
such failure to act proximately caused injury complained of.  Baker v
McCoy (1984, CA8 Mo) 739 F2d 381.
In order for plaintiff who alleges constitutional violations as result
of her arrest to maintain 42 USCS % 1983 action against municipal
police department, plaintiff must prove that her injuries resulted
from policy or custom of police department, or that policy-making
officials of department were directly involved in her arrest.  Alberts
v New York (1982, SD NY) 549 F Supp 227.
Although liability under 42 USCS % 1983 cannot be established upon
doctrine of respondeat superior, it may be established on basis of
conduct by officers that is in execution of policy, ordinance,
regulation, decision or custom of city, and for purposes of % 1983,
police department policies are policies of city.  Potter v Murray City
(1984, DC Utah) 585 F Supp 1126, mod (CA10 Utah) 585 F Supp 1126, mod
(CA10 Utah) 760 F2d 1065, 37 BNA FEP Cas 1652, 37 CCH EPD P 35222.
[B]efore liability can be imposed on municipality, its implementation
of governmental policy or custom must be shown.  Hays v Jefferson
County (1982, CA6 Ky) 668 F2d 869, reh den (CA6) 673 F2d 152 and cert
den 459 US 833, 74 L Ed 2d 73, 103 S Ct 75.
[T]rial court properly dismissed supervisory officer from action since
complaint alleged only that supervisory officer was responsible for
actions of subordinates and had been negligent in failing to supervise
them and since complaint made no allegations of supervisory officer's
personal involvement, collaboration, direction, or approval of acts of
subordinate officers; supervisory official cannot be sued pursuant to
% 1983 based solely on theory of vicarious liability or respondeat
superior.  Reimer v Smith (1981, CA5 Tex) 633 F2d 1316.
See also:
70 ALR Fed 17 (Liability of supervisory officials and governmental
entities for having failed to adequately train, supervise, or control
individual peace officers who violate plaintiff's civil rights under
42 USCS % 1983)
51 ALR Fed 285 (Vicarious liability of superior under 42 USCS % 1983
for subordinate's acts in deprivation of civil rights)
81 ALR Fed 549  (What constitutes policy or custom for purposes of
determining liability of local government unit under 42 USCS % 1983--
modern cases)
105 L Ed 2d 721 (Supreme Court's views as to who is "person" under
civil rights statute (42 USCS % 1983) providing private right of
action for violations of federal rights)
Monell v Department of Social Services 436 US 658, 56 L Ed 2d 611, 98
S Ct 2018
Compliation courtesy:  Parens patriae BBS
                       540-896-4356
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