· 1/19/1994
Febus-Rodriguez v. Betancourt-Lebron
Citations
- 14 F.3d 87
- 1994 WL 7202
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that there is no section 1983 liability on the basis of respondent superior, and liability, therefore, rests on an individual’s own acts or omissions
- explaining that it is “simply too tenuous” to draw an inference that “because Officer Rodriguez had not been sanctioned with respect to [his past] five [disciplinary] incidents, he believed he could get away with anything, including assaulting Febus”
- treating as \[a]n important factor . . . <br>whether [the supervisor] was put on notice of behavior which was <br>likely to result in the violation of . . . constitutional rights\
- \there must be an 'affirmative link' between the supervisory official's acts or omissions and his subordinate's violation of the plaintiff's constitutional rights\
- disallowance of qualified immunity claim is “final” appealable order under Cohen “collateral order” doctrine
- no liability where supervisor was not provided with requisite notice of behavior which was likely to result in constitutional violation
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Breyer, Torruella
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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