A review of federal court decisions during 2023 confirms that the same principles enunciated in the leading case on the subject, Byrd v. Brishke, which was decided over 50 years ago, are still in place.² In that case, the plaintiff couldn’t identify which Chicago, Illinois, officers were the ones he contended beat and swore at him and which ones were bystanders. He alleged that all the defendant officers were liable either for assaulting him or for failing to intervene and protect him from the officers who committed the assault. On appeal, the court found that § 1983 allows for “liability… both for misfeasance and for nonfeasance.”

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