> [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.
 
 
Although the Federal Court brief I just did, squeaked iun under the deadline 
on 1/3, these cites would have been helpful in supporting exactly thart 
point.... made for a different reason: I was defending against a motion to 
dismiss based in part on a claim of 11th amendment immunity in a 42 USC 1983 
suit against a state employee in his private capacity, or in his 
administrative capacity. A side issue raised in Defendant's motion to dismiss 
was that the 11th Amendment barred the suit because the State would be liable 
for the employee's act, hence suing the employee is suing the state. Not so, 
I argued, because there is no Respondeat Superior in a 42 USC 1983 action.
 
Thanks for more cites which I may still use in oral argument.
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