What is the test for holding an official liable for negligence in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Turner v. Bunn, 107 F.3d 17 (9th Cir. 1997):
Plaintiff also failed to create a genuine issue as to defendants' states of mind. An official can be held liable only if he (1) is aware of facts from which he could infer a substantial risk of serious harm, and (2) actually drew that inference. Farmer, 511 U.S. at 837; Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir.1995).
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