What is the standard of deliberate indifference by a prison officer in a case of medical malpractice?
MultiRegion, United States of America
The following excerpt is from Porter v. Wegman, Case No. 1:10-cv-01500-LJO-DLB PC (E.D. Cal. 2013):
omitted)). The deliberate indifference standard involves an objective and a subjective prong. First, the alleged deprivation must be, in objective terms, "sufficiently serious . . . ." Farmer, 511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)). Second, the prison official must "know[] of and disregard[] an excessive risk to inmate health or safety . . . ." Id. at 837.
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