What is the test for determining whether a defendant acted intentionally or intentionally to deprive a prisoner of the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Greene v. Sanders, 1:09-cv-0336-MJS-PC (E.D. Cal. 2012):

When, as here, the prisoner seeks compensatory damages, the inquiry into causation must be individualized and focus on the duties and responsibilities of each individual Defendant whose acts or omissions are alleged to have caused a constitutional deprivation. Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988). The causation inquiry between the deliberate indifference and the Eighth Amendment deprivation must focus on whether the individual Defendant was in a position to take steps to avert the harm, but failed to do so intentionally or with deliberate indifference. The prisoner must set forth specific facts as to each individual Defendant's deliberate

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indifference. Id. at 633-34.

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