What is the test for a claim alleging a violation of the Eighth Amendment based on conditions of confinement?
MultiRegion, United States of America
The following excerpt is from Longoria v. Borg, 28 F.3d 106 (9th Cir. 1994):
To prevail in a claim alleging a violation of the Eighth Amendment based on conditions of confinement, a plaintiff must establish two elements: First, plaintiff must show that the alleged deprivation was sufficiently serious. Wilson v. Seiter, 501 U.S. 294 (1991). Second, plaintiff must be able to show that the defendant had the requisite state of mind: that he or she acted with "deliberate indifference" to prisoner needs. Id.
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