What is the standard for pleading in a civil case alleging an Eighth Amendment violation?

MultiRegion, United States of America

The following excerpt is from Walker v. Donovan State Prison, Case No.: 3:18-cv-02517-AJB-NLS (S.D. Cal. 2019):

To meet this high standard, a prisoner alleging an Eighth Amendment violation must plead facts sufficient to "satisfy both the objective and subjective components of a two-part test." Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir. 2002) (citation omitted). First, he must allege that prison officials deprived him of the "minimal civilized measure

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of life's necessities." Id. (citation omitted). Second, he must allege the officials "acted with deliberate indifference in doing so." Id. (citation and internal quotation marks omitted). Prison officials act with "deliberate indifference ... only if [they are alleged to] know[ ] of and disregard[ ] an excessive risk to inmate health and safety." Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1187 (9th Cir. 2002) (citation and internal quotation marks omitted).

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