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6.3.4.2 No Supervisor Liability Under Section 1983

Chapter 6.3.4.2
Effective April 1, 2026

     In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. 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). 

Rule Comment Period is Open

At its 2026 Annual Business Meeting, the Commission will consider amendments to rules, by-laws as well as use of a Violation Response Tool to support consistent, fair, and data-informed retaking decisions.