Does a prison official violate the Eighth Amendment if he or she was not aware of the risk posed by an inmate's mental health issues?
MultiRegion, United States of America
The following excerpt is from Chaney v. Beard, CASE NO. 1:14-cv-00369-MJS (E.D. Cal. 2014):
U.S. at 837). "'If a prison official should have been aware of the risk, but was not, then the official has not violated the Eighth Amendment, no matter how severe the risk.'" Id. (quoting Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1188 (9th Cir. 2002)).
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