Supervisory Liability

Mental State Standard: Deliberate Indifference

Supervisory liability typically requires deliberate indifference — the supervisor must have known about a substantial risk of constitutional violations by their subordinates and consciously disregarded that risk. Simple negligence or even gross negligence in supervision isn’t enough. The supervisor must have been aware of the problem and chosen not to act.

See State of Mind Requirements for how this compares to other § 1983 claims.

What It Is

Supervisory liability in § 1983 holds a supervisor personally liable for a subordinate’s constitutional violation. Since there’s no respondeat superior in § 1983, you can’t sue a supervisor just because they’re the boss. You must show their personal involvement in the violation.

What “Personal Involvement” Means

After Iqbal, circuits generally require one of:

1. Direct participation — The supervisor was present and personally participated in the violation
2. Failure to intervene — The supervisor witnessed the violation and failed to stop it when they had the opportunity
3. Policy or custom — The supervisor created or implemented a policy that caused the violation
4. Deliberate indifference to known misconduct — The supervisor knew subordinates were violating rights and did nothing (overlaps with Monell failure to supervise)
5. Grossly negligent supervision — The supervisor’s failure to supervise was so deficient it amounted to deliberate indifference

The Iqbal Problem

Ashcroft v. Iqbal, 556 U.S. 662 (2009) narrowed supervisory liability significantly. The Court held that each defendant must have personally participated in the violation through their own conduct — “purpose rather than knowledge is required.” Circuits have interpreted this differently, but the trend is toward requiring more than just knowledge of a pattern.

How to Plead It

• Name the supervisor specifically — Not just “supervisory defendants”
• Allege what they knew — Prior complaints, pattern of misconduct, reports they received
• Allege what they failed to do — What actions they could have taken (training, discipline, policy changes) and didn’t
• Connect the dots — Show how the supervisor’s inaction caused or contributed to the specific violation you experienced

Key Cases

• Ashcroft v. Iqbal, 556 U.S. 662 (2009) — Narrowed supervisory liability; personal involvement required
• Rizzo v. Goode, 423 U.S. 362 (1976) — Supervisors need direct, personal responsibility
• Taylor v. List, 880 F.2d 1040 (9th Cir. 1989) — Supervisor’s knowledge of violations and failure to act can establish liability