What is the test for finding a prison to be liable for health and safety breaches?
MultiRegion, United States of America
The following excerpt is from Langston v. Gamoly, No. 2:16-CV-2361-JAM-DMC-P (E.D. Cal. 2018):
safety is in danger, but it requires proof of more than a mere suspicion of danger. See Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir. 1986). Finally, the plaintiff must show that prison officials disregarded a risk. Thus, where prison officials actually knew of a substantial risk, they are not liable if they took reasonable steps to respond to the risk, even if harm ultimately was not averted. See Farmer, 511 U.S. at 844.
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