Is a supervisor liable for failing to act in a manner that was deliberately indifferent to an inmate's Eighth Amendment rights?

MultiRegion, United States of America

The following excerpt is from Pierce v. Lopez, CASE NO. 1:10-cv-00486-AWI-MJS (PC) (E.D. Cal. 2012):

"A showing that a supervisor acted, or failed to act, in a manner that was deliberately indifferent to an inmate's Eighth Amendment rights is sufficient to demonstrate the involvement - and the liability - of that supervisor. Thus, when a supervisor is found liable based on deliberate indifference, the supervisor is being held liable for his or her own culpable action or inaction, not held vicariously liable for the culpable action or inaction of his or her subordinates." Starr v. Baca, 652 F.3d 1202, 1206-07 (9th Cir. 2011).

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