If an official was aware of the risk of an unborn baby being born prematurely, but was not aware that the baby was at risk of severe harm to the unborn child, can the official be found to have violated the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Cowart v. Rahman, No. 1:16-CV-00004-AWI-SKO (PC) (E.D. Cal. 2016):
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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