What is a cause of action under the Eighth Amendment under which a prisoner may allege that environmental conditions have caused substantial risk of harm to his future health?
MultiRegion, United States of America
The following excerpt is from Cruz v. Tilton, CASE NO. 1:11-cv-00992-MJS (PC) (E.D. Cal. 2013):
A prisoner may state "a cause of action under the Eighth Amendment by alleging that [prison officials] have, with deliberate indifference, exposed him to [environmental conditions] that pose an unreasonable risk of serious damage to his future health." Helling
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v. McKinney, 509 U.S. 25, 35 (1993).
1. Substantial Risk of Harm
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