Personal Participation

What It Is

Personal participation is a fundamental requirement in § 1983 cases: you must connect each individual defendant to the specific conduct that violated your constitutional rights. You can’t name someone as a defendant simply because they supervised the person who hurt you, or because they hold a high-ranking position.

This rule flows from the Supreme Court’s holding in Ashcroft v. Iqbal, 556 U.S. 662 (2009) — the government official must have personally participated in the constitutional violation through their own individual actions.

What Counts as Personal Participation

An officer or official “personally participated” if they:

• Directly committed the unconstitutional act (e.g., used excessive force)
• Ordered or directed another officer to commit the act
• Were present and failed to intervene when they had a realistic opportunity to stop it (see failure to intervene)
• Implemented an unconstitutional policy that caused the violation
• Created or approved a plan that led to the violation

What Doesn’t Count

Simply being a supervisor is not enough. The Supreme Court rejected the concept of “vicarious liability” (holding bosses automatically responsible for their employees) in § 1983 cases. See also respondeat superior and supervisory liability.

You cannot sue a defendant just because they:

• Were the police chief or warden
• Should have known about misconduct
• Were in charge of the department generally

How to Plead Personal Participation

When writing your complaint, be specific about each defendant. For every named defendant, explain:

1. Who did what
2. What they specifically did or failed to do
3. When it happened
4. How their conduct violated your rights

Avoid grouping defendants together with phrases like “the defendants seized plaintiff.” Courts will often dismiss claims where you can’t distinguish one defendant’s actions from another’s. The plausibility pleading standard from Iqbal demands factual specificity.

Practical Tips

• Get badge numbers and names at the scene if possible
• Body camera footage can identify who did what
• Discovery (especially depositions) can establish which officers were involved
• If you don’t know which officer committed a specific act, say so and explain why — courts may permit limited discovery to identify the right defendants (Doe defendants)

Key Cases

• Ashcroft v. Iqbal, 556 U.S. 662 (2009) — Each defendant must have personally participated; no vicarious § 1983 liability
• Rizzo v. Goode, 423 U.S. 362 (1976) — Supervisory officials need a direct link to the alleged violation
• Polk County v. Dodson, 454 U.S. 312 (1981) — Personal involvement required for § 1983 liability