What is the test for a plaintiff to bring a claim under the Eighth Amendment alleging that she contracted Valley Fever while housed at an endemic institution?

MultiRegion, United States of America

The following excerpt is from Bradford v. Ogbuehi, Case No.: 1:17-cv-01128-SAB (PC) (E.D. Cal. 2018):

Allegations of mere exposure to and contraction of Valley Fever while housed at an endemic institution are not, by themselves, sufficient to state a constitutional claim under the Eighth Amendment. In order to form a basis for liability, the plaintiff must demonstrate that each defendant "participated in or directed the violations, or knew of the violations and failed to act to prevent them." Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). With regard to a policy and/or custom, the plaintiff must demonstrate that the policy or custom was the moving force behind the violation. Furthermore, the plaintiff must demonstrate more than mere conclusory, speculative allegations. The plaintiff must set forth sufficient facts from which the requisite liability may be based.

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