California, United States of America
The following excerpt is from People v. Medina, B252750 (Cal. App. 2014):
The failure to provide adequate medical care to prison inmates "can constitute an Eighth Amendment violation cognizable under [42 U.S.C.] 1983. [Citation.]" (Colwell v. Bannister (9th Cir. 2014) 763 F.3d 1060, 1066 (Colwell).) However, "[i]n order to prevail on an Eighth Amendment claim for inadequate medical care, a plaintiff must show 'deliberate indifference' to his 'serious medical needs.' [Citation.] This includes 'both an objective standard - that the deprivation was serious enough to constitute cruel and unusual punishment - and a subjective standard - deliberate indifference.' [Citation.]" (Ibid.)
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