What is the test for tortfeasibility and cruel and unusual Punishments under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Hughes v. Muller, CASE NO. 1:11-cv-00750-SKO PC (E.D. Cal. 2012):
Plaintiff also alleges a claim of "deliberate indifference." Although conditions of confinement claims brought by pretrial detainees are analyzed under the Due Process Clause of the Fourteenth Amendment rather than under the Cruel and Unusual Punishments Clause of the Eighth Amendment, the Eighth Amendment's deliberate indifference standard sets the minimum standard of care due pretrial detainees. Oregon Advocacy Center v. Mink, 322 F.3d 1101, 1120 (9th Cir. 2003).
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