Is a prison official liable for health and safety breaches in the context of medical malpractice cases?
MultiRegion, United States of America
The following excerpt is from Joseph v. Parciasepe, No. 2:14-cv-00414 AC P (E.D. Cal. 2014):
Farmer v. Brennan, 511 U.S. 825, 834 (1994) (citations and internal quotation marks omitted). The prison official will be liable only if "the official knows of and disregards an excessive risk to inmate health and safety; the official must both 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." Id. at 837.
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