The following excerpt is from Morris v. Contreras, CASE NO. 09CV2921 JLS (WMc), ECF No. 31, ECF No. 32 (S.D. Cal. 2011):
Mere negligence in responding to and treating a medical condition, however, does not rise to the standard of deliberate indifference. Estelle, 429 U.S. at 106. Instead, the plaintiff "must allege sufficient facts to indicate that prison officials acted with a culpable state of mind." Wilson v. Seiter, 501 U.S. 294, 302 (1991). This requires that a prison official "know[] of and disregard[] an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Farmer, 511 U.S. at 837.
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