Taylor v. List
- Decided
- July 17, 1989
- Docket
- No. 87-15003
- Status
- Published
- Jurisdiction
- Federal
Cited 2,764 timesAbrogated on other grounds (verified)Abrogated on other grounds (verified)
What later courts said
- holding that a defendant is liable under 42 U.S.C. § 1983 “only upon 19 a showing of personal participation by the defendant.” — Hall v. Boyle (2024)
- holding that under § 1983 “[t]here is no respondeat superior liability” because such liability requires a showing of personal involvement — Lauro v. State of Hawaii (2020)
- holding that a defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant” — Martin v. Williams (2020)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
CHOY, Circuit Judge:
James F. Taylor (“Taylor”), a Nevada state prisoner, appeals pro se from the district court’s entry of summary judgment in favor of the defendants in Taylor’s 42 U.S.C.A. § 1983 action. The district court held that Taylor had failed to establish the existence of a material fact with regard to his constitutional claims and that certain defendants were not liable under section 1983 because there was no evidence of their personal participation in any deprivation of constitutional rights which may have occurred.
In his affidavits submitted in opposition to the summary judgment motion, Taylor raised genuine issues of material fact regarding actions by defendants Boyd Mars-ing (“Marsing”), Superintendent at the Nevada State Prison (the “prison”), and David E. Watson (“Watson”), Acting Captain of the prison’s Maximum Security Facility, which may have deprived Taylor of his Sixth Amendment right to self-representation. The defendants did not deny or rebut Taylor's factual allegations in their summary judgment motion or in their reply to Taylor’s opposition. Thus, we reverse the judgment in favor of defendants Marsing and Watson and remand the case for trial. The judgment in favor of all remaining defendants is affirmed.
Statutes cited
Cite this
Taylor v. List, 880 F.2d 1040 (1989)Read the full opinion
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