What is the legal test for deliberate indifference under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from O'Brien v. Gularte, Case No.: 18-cv-00980-BAS-MDD (S.D. Cal. 2020):
Federal courts should generally analyze constitutional claims using an "explicit textual source of constitutional protection," such as deliberate indifference under the Eighth Amendment, rather than the Fourteenth Amendment's "more generalized notion of substantive due process." Graham v. Connor, 490 U.S. 386, 395 (1989). Nevertheless,
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