Law Commons^™

Supervisory Liability Under 42 U.S.C. Section 1983: Searching For The Deep Pocket, Shari S. Weinman

Missouri Law Review

Suits under 42 U.S.C. section 1983 are complex. Section 1983's theory of constitutional wrongdoing without vicarious liability will seem strange to some practitioners. There are circumstances, however, in which a plaintiff may sue the supervisor of the person who immediately inflicted the injury. This Comment examines the intricacies of supervisory liability as determined by recent United States Supreme Court and circuit court decisions and provides pointers to practitioners. In addition, this Comment suggests an amendment to section 1983.