Can a plaintiff bring a claim for violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Luna v. California Health Care Servs., CASE NO. 1:10-CV-02076-LJO-MJS (PC) (E.D. Cal. 2012):
F.2d at 1060). In order to state a claim for violation of the Eighth Amendment, a plaintiff must allege sufficient facts to support a claim that the named defendants "[knew] of and disregard[ed] an excessive risk to [plaintiff's] health . . . ." Farmer v. Brennan, 511 U.S. 825, 837 (1994).
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