The following excerpt is from Joseph v. Parciasepe, No. 2:14-cv-0414 AC P (E.D. Cal. 2015):
The Eighth Amendment imposes a duty on prison officials to provide humane conditions of confinement, which includes "protect[ing] prisoners from violence at the hands of other prisoners." Farmer v. Brennan, 511 U.S. 825, 833 (1994). A prison official violates the Eighth Amendment only when two requirements are met. Id. First, the deprivation alleged must be objectively sufficiently serious: the act or omission must result in the denial of "the minimal civilized measure of life's necessities." Id. Second, the prison official must subjectively have a sufficiently culpable state of mind, one of deliberate indifference to inmate health or safety. Id. The official is not liable under the Eighth Amendment unless he knows of and disregards an
Page 5
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.