against Newtown Township will be dismissed.
Complaint Against Chief Duffy
The complaint against Chief Duffy consists of a conclusory allegation that he was defendant Myers' commanding officer and was "responsible" for Myers' "training and conduct". It is well-settled that a civil rights complaint must contain sufficient factual specificity to identify the particular conduct of the named defendant which has injured the plaintiff. Ross v. Meagan, 638 F.2d 646, 650 (3d Cir. 1980). The allegations in this complaint against Chief Duffy lack the requisite specificity. Furthermore, it is quite clear that liability under § 1983 is personal, and may not be imposed vicariously or upon a theory of respondeat superior. Hampton v. Holmesburg Prison Officials, 546 F.2d 1077 (3d Cir. 1976). The plaintiff must allege direct, personal involvement by the defendant in the alleged unconstitutional conduct, or active knowledge and acquiescence on the defendant's part to such conduct. Bracey v. Grenoble, 494 F.2d 566 (3d Cir. 1973); Mitchell v. Hendricks, 431 F. Supp. 1295, 1301 (E.D. Pa. 1977). No such allegations against Chief Duffy are set forth in this complaint.
Finally, to the extent that individual supervisory officials may be held liable under § 1983 for knowing acquiescence in procedures which result in constitutional violations (e.g., a grossly inadequate training program) a plaintiff must identify incidents of unconstitutional conduct by subordinates and show an "affirmative link" between the incidents of misconduct and the complained-of policy or procedure. See Rizzo v. Goode, 423 U.S. 362, 371, 96 S. Ct. 598, 604, 46 L. Ed. 2d 561 (1976); Skevofilax v. Quigley, 586 F. Supp. 532, 544 (D.N.J. 1984). No causal connection between any policy or procedure implemented by Chief Duffy and any constitutional deprivation allegedly suffered by the plaintiff has been set forth in the complaint. Accordingly, the complaint against Chief Duffy will be dismissed.
AND NOW, this 24 day of July, 1985 upon consideration of the motion to dismiss filed by defendants Newtown Township and Martin Duffy, for the reasons stated in this Court's Memorandum of July 24, 1985,
IT IS HEREBY ORDERED that the motion to dismiss filed by Newtown Township and Martin Duffy is GRANTED, and the complaint against defendants Newtown Township and Chief of Police Martin Duffy is DISMISSED.
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