What constitutes deliberate indifference under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Jordan v. Hung, 1:15-cv-00900-BAM (PC) (E.D. Cal. 2018):

"Deliberate indifference occurs when '[an] official acted or failed to act despite his knowledge of a substantial risk of serious harm.' " Solis v. Cnty. of Los Angeles, 514 F.3d 946, 957 (9th Cir. 2008). A prisoner may state "a cause of action under the Eighth Amendment by alleging that [prison officials] have, with deliberate indifference, exposed him to [environmental conditions] that pose an unreasonable risk of serious damage to his future health." Helling v. McKinney, 509 U.S. 25, 35 (1993).

Page 8

Other Questions


Does a delay in treatment constitute deliberate indifference in the context of the Eighth Amendment? (MultiRegion, United States of America)
Do allegations of deliberate indifference in medical malpractice constitute deliberate indifference? (MultiRegion, United States of America)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Does deliberate indifference to medical needs constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
Does a difference of medical opinion between a doctor and patient constitute a deliberate indifference to the Eighth Amendment? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
What is the test for a claim for deliberate indifference to health and safety under the Eighth Amendment? (MultiRegion, United States of America)
Does deliberate indifference to a prisoner's serious illness or injury give rise to a claim under the Eighth Amendment? (MultiRegion, United States of America)
Is the Eighth Amendment violated if a prison official acts with deliberate indifference to inmate's medical needs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.