What is the duty of a prison officer to protect an inmate from physical abuse?
MultiRegion, United States of America
The following excerpt is from Davis v. Macomber, No. 2:19-CV-0848-DMC-P (E.D. Cal. 2019):
Prison officials have a duty to take reasonable steps to protect inmates from physical abuse. See Hoptowit v. Ray, 682 F.2d 1237, 1250-51 (9th Cir. 1982); Farmer, 511 U.S. at 833. Liability exists only when two requirements are met: (1) objectively, the prisoner was incarcerated under conditions presenting a substantial risk of serious harm; and (2) subjectively, prison officials knew of and disregarded the risk. See id. at 837. The very obviousness of the
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