Does a prisoner's claim for medical malpractice constitute a violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Bradford v. Ogbuehi, Case No.: 1:17-cv-01128-SAB (PC) (E.D. Cal. 2018):
A prisoner's claim does not rise to the level of an Eighth Amendment violation unless (1) "the prison official deprived the prisoner of the 'minimal civilized measure of life's necessities,' " and (2) "the prison official 'acted with deliberate indifference in doing so.' " Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004) (quoting Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir. 2002) (citation omitted)).
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