Can a prison officer be held liable for negligence or gross negligence for failing to provide medical staff with medical equipment?

MultiRegion, United States of America

The following excerpt is from Walton v. Frey, No. 2:10-cv-2608 EFB P (E.D. Cal. 2013):

825, 834 (1994). A showing of negligence or gross negligence is not sufficient. Id. at 835-36; Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990). Rather, a prisoner must show that the defendant acted with "deliberate indifference" to his health or safety. Farmer, 511 U.S. at 834. To do so, the prisoner must establish that the defendant knew of and disregarded an excessive risk to his health or safety. Id. at 837, 842 (knowledge can be inferred from the obviousness of the risk). A prison official may thus be free from liability if he or she did not know of the risk or took reasonable action in response to the risk. Id. at 844.

Other Questions


Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is the test for a prison officer to be held liable under the Eighth Amendment for failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
Is a medical officer employed by a municipal jail or state prison act "under color of state law" when they provide medical care to prisoners? (MultiRegion, United States of America)
Can a prison officer be held liable under the Eighth Amendment for failing to provide exercise for long periods of time? (MultiRegion, United States of America)
What is the test for a prison official to be held liable under the Eighth Amendment for failing to provide adequate medical care for inmates? (MultiRegion, United States of America)
Does a prison officer have a duty to provide adequate shelter, food, clothing, clothing and medical care for prisoners? (MultiRegion, United States of America)
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
Is a prison official liable under the Eighth Amendment for failing to provide showers and medical attention for injured inmates? (MultiRegion, United States of America)
Can police officers be held liable for failing to provide emergency medical aid to an inmate who later took his own life? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.