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a . . --i PLAINTIFF HAS FAILED TO STATE a "CLAIM UPON WHICH RELIEF CAN BE GRANTED 2 CRAIN UPON WHICH RELIEF CAN BE GRANTED Although it is certainly not clear as to why the said defendants -are being sued, it is submitted the complaint fails to state a claim against the defendants individually. The Supreme Court has held that a cause of action exists against federal officials individually for violations of a person's constitutional rights while acting in an official capacity. Biven v. Six Unknown Named Agents, 403 U.S. 388 (1971). It is fundamental, however, that for a federal official to be Properly sued individually for actions taken by him in an official capacity, the complaint must allege a specific constitutional deprivation of plaintiff's rights by defendant. Failure to allege a specific constitutional violation deprives the court of individual subject matter jurisdiction and fails to state a claim as to any individual liability of defendants for actions taken in their official capacity. =In such a case the complaint must be dismissed, See Carlson v. Green, 446 U.S. 14, 18 (1980); Baker v. McCollan, 443 U.S. 137, 140 (1979); Davis v. Passman, 442 U.S. 228, 239 (1979). The Supreme Court has, moreover, consistently held that as a threshold requirement a complaint alleging constitutional violations must contain specific allegations demonstrating the factual involvement of individual defendants. Baker v. McCollan, 443 U.S. at 140; Butz v. Economou, 438 U.S. 478, 507-08 (1978); Paul v. Davis, 424 U.S. 693, 696-97 (1976). Where a complaint fails to meet the be 177-3 %