The following excerpt is from Swinton v. Wright, No. 17-3256-pr (2nd Cir. 2019):
to do so would not have constituted deliberate indifference. See Hernandez v. Keane, 341 F.3d 137, 144 (2d Cir. 2003) ("Deliberate indifference is a state of mind that is the equivalent of criminal recklessness." (quotation marks omitted)).
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