If you interfere with constitutional rights under 42 USC 1983, beware of this

From Ken Ditkowsky today, more words of wisdom:

Supervisor liability under § 1983 “can be shown in one or more of the following ways: (1) actual direct participation in the constitutional violation, (2) failure to remedy a wrong after being informed through a report or appeal, (3) creation of a policy or custom that sanctioned conduct amounting to a constitutional violation, or allowing such a policy or custom to continue, (4) grossly negligent supervision of subordinates who committed a violation, or (5) failure to act on information indicating that unconstitutional acts were occurring.” Hernandez, 341 F.3d at 145; see also Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995).    Richardson v. Goord, 347 F.3d 431, 435 (2d Cir. 2003)

In the cases against JoAnne and me, not only is Larkin the technical plaintiff but we have written to him Himmel reports concerning the misconduct.    The decisions of the Supreme Court of the United States qualify as reports.  [ It is absolutely amazing that anyone would risk anything…….. for the low life elder cleansers. ]
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

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