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 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, CA% Tex) 718 F.2d. 756
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, 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 plaintiff's
constitutional rights, and evidence showed that secretary was neither
deliberately indifferent to deprivation nor grossly negligent due to
fact that he knew nothing about matter until he made decision to let
administrative process concerning center's alleged violations run its
course; mere right to control subordinates without control or
direction having been exercised and without failure to supervise is
not enough to support % 1983 liability.
Cameo Convalescent Center, Inc. v. Willkom  (1983 WD Wis) 572 F.Supp. 1244
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 F.2d. 381
In civil rights action under 42 USCS % 1983 against, among others,
chief of police, arising out of beating of plaintiff by police
officers, complaint alleging gross negligence in hiring, training, and
supervision of officers would survive chief's motion to dismiss or for
summary judgment since it did not seek to hold chief responsible for
actions of subordinates on respondeat superior basis, but rather
alleged that defendant's actions had resulted in deprivation of
plaintiff's constitutional rights.
Hardeman v. Clark  (1984, DC Dist Col) F.Supp. 1285
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
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 were directly involved in her arrest.
Alberts v. New York (1982, SD NY) 549 F.Supp. 227
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
In civil rights action pursuant to 42 USCS % 1983, brought by female
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
under % 1983 only where constitutional violation has been committed
pursuant to official policy or custom, and there was no evidence
presented of such policy or custom.
Pratt v. Bernstein (1981, SD NY) 533 F.Supp. 110
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
remedial steps to prevent it.
Vance v. Bordenkircher  (1982, ND W Va) 533 F.Supp. 429
Compilation Courtesy: Rick Thoma
                      Parens patriae BBS
                      540-896-4356
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