Can a plaintiff sue a government official on the theory that he or she is responsible for the unconstitutional conduct of his or her subordinates?
MultiRegion, United States of America
The following excerpt is from Smith v. Hawkins, No. 2:14-cv-2222-KJM-EFB P (E.D. Cal. 2015):
(9th Cir. 1978). That is, plaintiff may not sue any official on the theory that the official is liable for the unconstitutional conduct of his or her subordinates. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). In sum, plaintiff must identify the particular person or persons who violated his rights. He must also plead facts showing how that particular person was involved in the alleged violation.
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