The following excerpt is from Ricks v. Kamena, Case No. 1:15-cv-00715-DAD-BAM (PC) (E.D. Cal. 2018):
"Deliberate indifference is a high legal standard." Id. at 1019; Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). The prison official must be aware of facts from which he could make an inference that "a substantial risk of serious harm exists" and he must make the inference. Farmer, 511 U.S. at 837. A deliberately indifferent response may be shown by allegations of "(a) a purposeful act or failure to respond to a prisoner's pain or possible medical need and (b) harm caused by the indifference." Id. In contrast, "mere negligence in diagnosing or treating
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a medical condition, without more, does not violate a prisoner's Eighth Amendment rights." Id.
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