What is the test for a jury to find a prison official deliberately indifferent to a prisoner's medical needs?

MultiRegion, United States of America

The following excerpt is from Padilla v. Beard, No. 2:14-cv-01118-KJM-CKD (E.D. Cal. 2014):

Jett v. Penner, 429 F.3d 1091, 1096 (9th Cir. 2006) (internal quotation marks and citations omitted). The second prong is satisfied "by showing (a) a purposeful act or failure to respond to a prisoner's pain or possible medical need and (b) harm caused by the indifference." Id. Indifference may appear when prison officials deny, delay or intentionally interfere with medical treatment, or it may be shown by the way in which prison physicians provide medical care. Id.

Officials need not be medical providers to be found deliberately indifferent to a prisoner's medical needs. Fundamentally, a plaintiff must show that a defendant was deliberately indifferent to his needs, and such indifference was not an isolated incident in plaintiff's treatment. Id. Officials may be deliberately indifferent to a prisoner's serious medical needs if "they were aware of the harmful effects of the pepper spray and of the inadequacy of their ventilation methods and yet purposefully refused to provide showers, medical care, or combative instructions or to develop an adequate policy to address obvious risks." Clement v. Gomez, 298 F.3d 898, 904 (9th Cir. 2002).

Other Questions


Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Is there a violation of the Eighth Amendment when a prison official is deliberately indifferent to a prisoner's medical needs? (MultiRegion, United States of America)
Can a prison official's failure to decontaminate a prisoner after exposure to pepper spray lead to deliberate indifference to his serious medical needs? (MultiRegion, United States of America)
Is a prison official liable for deliberate indifference to serious medical needs? (MultiRegion, United States of America)
Can a prison official demonstrate deliberate indifference to the need for medical treatment? (MultiRegion, United States of America)
What is the test for a prison official to be deliberately indifferent in their response to a serious medical need? (MultiRegion, United States of America)
Can jail staff violate a prisoner's eighth amendment rights if they are deliberately indifferent to the prisoner's serious medical needs? (MultiRegion, United States of America)
Can a prison official be held liable for denial or delay of medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.