Is there any case law supporting deliberate indifference in the context of the Eighth Amendment?
The following excerpt is from Herrera v. Pain Mgmt. Comm. Staff at Corcoran State Prison, CASE No. 1:12-cv-01828-MJS (PC) (E.D. Cal. 2012):
Even if Plaintiff were correct the Policy reflects medical negligence or forces medical personnel to act negligently, mere negligence, or medical malpractice, does not support Eighth Amendment Deliberate Indifference." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir.1980), citing Estelle, 429 U.S. at 105-06. Even gross negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).
"The most advanced legal research software ever built."
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.
