The following excerpt is from Townsend v. Encina, No. 2:20-cv-0342 CKD P (E.D. Cal. 2020):
In certain circumstances, a prison official's denial or delay of medical treatment can amount to cruel and unusual punishment which is forbidden under the Eighth Amendment. In the court's March 24, 2020 order, plaintiff was informed, that prison official can be liable under the Eighth Amendment if he or she causes injury as a result of at least deliberate indifference to a serious medical need. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976). A showing of merely negligent medical care is not enough to establish a constitutional violation. Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.
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