What is the legal standard for deliberate indifference under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Daniels v. Savage, 1:14-cv-01478-EPG-PC (E.D. Cal. 2016):
As discussed above, "[d]eliberate indifference is a high legal standard." Toguchi, 391 F.3d at 1060. "A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment." Id. "[E]ven gross negligence is insufficient to establish a constitutional violation." Id. (citing Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990)).
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