The following excerpt is from Byrd v. Maricopa Cnty. Sheriff Joe Arpaio, No. 15-16282 (9th Cir. 2017):
Finally, Byrd alleges that defendants' policy violated his Fourteenth Amendment Due Process right to be free from cruel and unusual punishment.2 Prison officials may be liable for cruel and unusual punishment if they "acted with deliberate indifference to a substantial risk of serious harm." Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998) (internal quotations omitted).
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