The following excerpt is from Patrick v. Nelson, No. 2:17-cv-0710-EFB P (E.D. Cal. 2019):
concerted effort to annoy plaintiff or establish a kind of juvenile superiority over him. Assuming the truth of plaintiff's allegations, such behavior is obviously highly unprofessional. It cannot be the case, however, that simply repeating a largely anodyne instruction like "put that away" or asking an inmate if he wants to talk is sufficient to establish a violation of the Eighth Amendment. "To hold that gawking, pointing, and joking violates the prohibition against cruel and unusual punishment would trivialize the objective component of the Eighth Amendment test and render it absurd." Somers v. Thurman, 109 F.3d 614, 624 (9th Cir. 1997).
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