The following excerpt is from Merriman v. Love, No. 2:19-cv-1443 CKD P (E.D. Cal. 2019):
2. The Eighth Amendment's prohibition against cruel and unusual punishment creates a duty to protect inmates from harmful conditions. Farmer v. Brennan, 511 U.S. 825, 833 (1994). A prison official may be held liable under the Eighth Amendment if the official caused injury to the inmate while "acting with deliberate indifference," and exposing the inmate to a "a sufficiently substantial risk of serious damage to his future health." Id. at 834 (internal quotation omitted). To be deliberately indifferent, the "official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id.
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