Bryan made clear that in a
section 1983 false imprisonment action the reasonable good faith of the sheriff comes into play only as a defense. To make out a prima facie case, a plaintiff need show only: (1) intent to confine; (2) acts resulting in confinement; and (3) consciousness of the victim of confinement or resulting harm.
530 F.2d at 1213, citing
Restatement (2d) Torts s 35 (1965). There can be no doubt that the sheriff's deputies intended to confine and did confine the plaintiff. Similarly, there can be no doubt that plaintiff was aware of the fact that he was being held in jail. Since the deputies' actions were authorized by Sheriff Baker and the same actions were in keeping with the policies of the Potter County Sheriff's Department at that time, plaintiff established his prima facie case against Sheriff Baker. See
Jennings v. Patterson, 460 F.2d 1021 (5th Cir. 1972). Cf.
Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976) (supervisory officials not subject to injunction under
section 1983 where no showing that they authorized or approved lower officials' misconduct). Assuming arguendo that the actions and intent of the deputies are not properly attributable to the sheriff,
on the facts of this case plaintiff was entitled to go to the jury on the basis of Sheriff Baker's own action or inaction. To incur liability under
section 1983 a state official need not directly subject a person to a deprivation of his constitutional rights. The language of the statute
and the holdings of this court make clear that he can be held liable if he causes the plaintiff to be subjected to a deprivation of his constitutional rights. See
Sims v. Adams, 537 F.2d 829 (5th Cir. 1976). Sheriff Baker's failure to require his deputies to transmit the identifying material described above “caused” plaintiff's continued detention. Plaintiff has made out a prima facie case under Bryan, and Sheriff Baker can escape liability only if he acted in reasonable good faith. As the court said in Bryan, “(i)f (the sheriff) negligently establishes a . . . system in which errors of this kind are likely, he will be held liable.”
530 F.2d at 1215.