What is the test for deliberate indifference in the context of tortfeasor's case?

Moreover, courts have held that "deliberate indifference requires more than evidence that the defendants should have recognized the excessive risk and responded to it; it requires evidence that the defendant must have recognized the excessive risk and ignored it." Beers-Capitol v. Whetzel, 256 F.3d 120, 138 (3d Cir. 2001). Although plaintiff's fall was an unfortunate consequence of his legs being shackled, there is no explicit allegation that defendants actually recognized this particular risk and affirmatively decided to ignore it. Finally, the nature of the event at issue- an inadvertent fall which resulted in bruising - simply does rise to the level of seriousness required to invoke the Eighth Amendment's ban on cruel and unusual punishment.

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