Does negligence constitute a violation of a federal constitutional or statutory right?
MultiRegion, United States of America
The following excerpt is from Tunstall v. Virga, No. 2:13-cv-699-MCE-EFB P (E.D. Cal. 2014):
Negligence does not amount to a violation of a federal constitutional or statutory right. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) ("[A] prison official cannot be found liable under the Eighth Amendment . . . unless the official knows of and disregards an excessive risk to inmate health or safety[.]"); see also id. at 835 ("[D]eliberate indifference describes a state of mind more blameworthy than negligence.").
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