Can a prison official demonstrate deliberate indifference to the need for medical treatment?

MultiRegion, United States of America

The following excerpt is from Taylor v. Patel, Case No. 1:14-cv-01754-DAD-MJS (PC) (E.D. Cal. 2017):

A prison official shows deliberate indifference to such a need if he "knows of and disregards an excessive risk to inmate health." Peralta, 744 F.3d at 1082 (citing Farmer v. Brennan, 511 U.S. 825, 837 (1994)). This "requires more than ordinary lack of due care." Colwell, 763 F.3d at 1066 (citing Farmer, 511 U.S. at 835). The prison official must "be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Colwell, 763 F.3d at 1066. Prison officials may demonstrate deliberate indifference when they "deny, delay, or intentionally interfere with medical treatment," and prison doctors can be deliberately indifferent in their provision of care. Id.

Other Questions


Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner? (MultiRegion, United States of America)
Does a difference of opinion between an inmate and prison medical personnel regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim? (MultiRegion, United States of America)
Does a difference of opinion between an inmate and prison medical staff regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim? (MultiRegion, United States of America)
Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
What is the test for a jury to find a prison official deliberately indifferent to a prisoner's medical needs? (MultiRegion, United States of America)
Can a prison official's failure to decontaminate a prisoner after exposure to pepper spray lead to deliberate indifference to his serious medical needs? (MultiRegion, United States of America)
Can a prison official be found deliberately indifferent to a patient's medical treatment? (MultiRegion, United States of America)
Is deliberate indifference shown when prison officials deny, delay or intentionally interfere with medical treatment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.