Can a supervisor be held liable as a supervisor under section 1983 of the California Civil Code for failing to prevent a patient from suffering a constitutional violation?

MultiRegion, United States of America

The following excerpt is from By v. Cnty. of San Diego, CASE NO. 14cv2170 WQH (BLM) (S.D. Cal. 2016):

"A defendant may be held liable as a supervisor under 1983 if there exists either (1) his or her personal involvement in the constitutional deprivation, or (2) a sufficient causal connection between the supervisor's wrongful conduct and the constitutional violation." Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011). "The requisite causal connection can be established . . . by setting in motion a series of acts by others, or by knowingly refusing to terminate a series of acts by others, which the supervisor knew or reasonably should have known would cause others to inflict a constitutional injury." Id. at 1207-1208. "A supervisor can be liable in his individual capacity for his own culpable action or inaction in the training, supervision, or control of his subordinates; for his acquiescence in the constitutional deprivation; or for conduct that showed a reckless or callous indifference to the rights of others." Id. at 1208.

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