What is the test for a violation of the Eighth Amendment by failing to provide adequate medical care?
MultiRegion, United States of America
The following excerpt is from Singleton v. Youssef, NO. 1:08-cv-00095-AWI-GSA-PC (E.D. Cal. 2012):
In order to state a 1983 claim for violation of the Eighth Amendment based on inadequate medical care, a plaintiff must allege "acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). Plaintiff must show both that his medical needs were objectively serious, and that defendants possessed a sufficiently culpable state of mind. Wilson v. Seiter, 111 S.Ct. 2321, 2323 (1991).
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