Skip to main content

Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Bench Book - 5.2.1.3 No Supervisor Liability under Section 1983

In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits higher on the chain of command than an officer who violated a supervised individual’s constitutional rights. A supervisory official will be liable only when he or she plays an affirmative part in the complaint of misconduct. In Warner v. McVey, for example, the court dismissed a supervised individual’s suit against the chair of the state parole board who had never met or communicated with the individual, rejecting their claim that the chair was “totally responsible for all of the subordinates that she oversees.” No. 08-55 Erie, 2010 WL 3239385, at *1, *11 (W.D. Pa. July 9, 2010).

References