Blake v. Danberg

1 Citing case

  1. Paoli v. Stetser

    Civil Action No. 12-66-GMS-CJB (D. Del. Jul. 11, 2014)   Cited 5 times

    Under pre-Iqbal Third Circuit precedent, there are two theories of supervisory liability under which a supervising official may be held personally liable pursuant to Section 1983. See Blake v. Danberg, Civ. No. 11-146-LPS, 2013 WL 3957011, at *5 (D. Del. July 29, 2013). That is, supervising officials could be held liable for actions taken in their official capacity if: (1) as policymakers, they, "with deliberate indifference to the consequences, established and maintained a policy, practice or custom which directly caused [the] constitutional harm"; or (2) they "participated in violating the plaintiff's rights, directed others to violate them, or, as the person[s] in charge, had knowledge of and acquiesced in [their] subordinates' violations."