Is it a violation of the Eighth Amendment if a prison official was not aware of the risk to the inmate's health?
MultiRegion, United States of America
The following excerpt is from Lua v. Smith, CASE NO. 1:14-cv-00019-LJO-MJS (E.D. Cal. 2014):
Id. at 1057 (quoting Farmer 511 U.S. at 837). '"If a prison official should have been aware of the risk, but was not, then the official has not violated the Eighth Amendment, no matter how severe the risk.'" Id. (quoting Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1188 (9th Cir. 2002)).
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