What are the elements of alternative two wherein: (1) the existing policy or practice created an unreasonable risk of the Eighth Amendment injury?
California, United States of America
The following excerpt is from Ruelas v. Harper, E051961 (Cal. App. 2015):
There is absolutely no reference in the special verdict as to the elements of alternative two wherein: "(1) the existing policy or practice created an unreasonable risk of the Eighth Amendment injury; (2) the supervisor was aware that the unreasonable risk was created; (3) the supervisor was indifferent to that risk; and (4) the injury resulted from the policy or practice." (Beers-Capitol v. Whetzel, supra, 256 F.3d at p. 134.)
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