The following excerpt is from Smith v. Cobb, Case No.: 3:15-cv-00176-GPC-WVG (S.D. Cal. 2017):
pervasive, well-documented, or expressly noted by prison officials in the past, and the circumstances suggest that the [official] being sued had been exposed to information concerning the risk and thus must have known about it." Id. at 842 (internal quotation marks omitted). In short, mere negligence is insufficient to establish an Eighth Amendment claim. See, e.g., id. at 836; Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir. 2005) ("Deliberate indifference entails something more than mere negligence but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result." (internal quotations and alterations omitted)).
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