The following excerpt is from Graham v. Runnels, No. 2:07-CV-2291 GGH P (E.D. Cal. 2012):
Rather, the supervisor himself must have acted in some grossly reckless or purposeful fashion which substantially encouraged the actual actor to "lay out the punishment." Moss v. U. S. Secret Service, 675 F.3d 1213, 1230-1231 (9th Cir. 2012) ("But [section] 1983 plaintiffs nevertheless some 'culpable action or inaction' for which a supervisor may be held liable."). See also Larez v. City of Los Angeles, et al.,, 946 F.3d 630, 945-946 (9th Cir. 1991) (Chief Gates had purportedly whitewashed many previous investigations into police officer misconduct thereby giving the defendant officers a mind set of immunity when it came to misconduct). In their argument about the regulations, plaintiff merely points to the fact that Kopec did not authorize, or could not, authorize the use of a particular weapon. But without more, such an allegation is an Eighth Amendment "so what."
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