What is a prisoner's right to sue for environmental damages?
MultiRegion, United States of America
The following excerpt is from Martinez v. Avenal State Prison, CASE NO. 1:12-cv-01345-MJS (PC) (E.D. Cal. 2012):
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).
1. Serious Medical Need
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