What is the test for a prison officer to be found guilty of deliberate indifference by failing to prevent an assault?

MultiRegion, United States of America

The following excerpt is from Morgan v. Brown, 1:17-cv-00425-LJO-JLT (E.D. Cal. 2017):

demonstrate deliberate indifference to conditions posing a substantial risk or serious harm to an inmate; and it is well settled that deliberate indifference occurs when an official acted or failed to act despite his knowledge of a substantial risk of serious harm. Farmer, 511 U.S. at 834, 841; Clem, 566 F.3d at 1181; Hearns, 413 F.3d at 1040. The prison official need not "believe to a moral certainty that one inmate intends to attack another at a given place at a time certain before [he] is obligated to take steps to prevent such an assault." Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir.1986). However, before being required to act the prison official must have more than a "mere suspicion" that an attack will occur. See id.

Other Questions


Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
In what circumstances will a police officer be found guilty of deliberate indifference in a civil case for failing to prevent violence at a political rally? (MultiRegion, United States of America)
Under what circumstances will a prison officer be found guilty of a violation of the Eighth Amendment for failing to protect a prisoner from violence? (MultiRegion, United States of America)
What is the test for a prison officer to be found guilty of violating the Eighth Amendment by failing to provide adequate care and facilities for a prisoner in solitary confinement? (MultiRegion, United States of America)
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)
Can a prison officer be found guilty of deliberate indifference to the health or safety of an inmate? (MultiRegion, United States of America)
Is a prison official liable for failing to act with deliberate indifference in the case of an inmate who was injured in a fall from a balcony of a high-security prison? (MultiRegion, United States of America)
Can a prison officer be found guilty of failing to protect an inmate from violence by other inmates? (MultiRegion, United States of America)
Is a prison officer deliberately indifferent to the risk of serious harm to a prisoner? (MultiRegion, United States of America)
In what circumstances will a prison officer be found guilty of failing to provide adequate medical care to a patient? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.