What is the test for a prisoner to bring a claim for medical malpractice under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Grimes v. Riverman, No. 2:12-cv-0937 AC P (TEMP) (E.D. Cal. 2016):

If a prisoner's Eighth Amendment claim arises in the context of an alleged failure to protect, plaintiff must allege and prove that objectively he suffered a "sufficiently serious" deprivation. Farmer, 511 U.S. at 834; Wilson v. Seiter, 501 U.S. 294, 298-99 (1991). The plaintiff must also show that subjectively each defendant had a culpable state of mind in allowing or causing the plaintiff's deprivation to occur. Farmer, 511 U.S. at 834. A prison official violates the Eighth Amendment "only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it." Id. at 847. Under this standard, a prison official must have a "sufficiently culpable state of mind," one of deliberate indifference to the inmate's health or safety. Id.

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