The following excerpt is from Whitmore v. Sumner, 944 F.2d 910 (9th Cir. 1991):
As the majority states, to succeed plaintiffs must show both that the defendants' conduct resulted in a sufficiently serious deprivation of rights, and that defendants acted with a sufficiently culpable state of mind. See Wilson v. Seiter, --- U.S. ----, 111 S.Ct. 2321 (1991). Here, plaintiffs presented evidence that prison officials placed plaintiffs in contact with an HIV-infected inmate who had not only thrown his urine at other inmates, but had also engaged in self-mutilation in an effort to infect other persons through contact with his blood. Plaintiffs also presented evidence that suggested that prision officials had taken precautions to protect the staff of the correctional facility, but did not show similar concern for the safety of the prisoners: the HIV-infected inmate was placed in the unit where he came into contact with plaintiffs precisely because he had engaged in behaviour that endangered others. I cannot conclude as a matter of law that a reasonable jury, faced with such facts, could not find a violation of plaintiffs' eighth amendment rights.
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