The following excerpt is from Jeffers v. Gomez, 267 F.3d 895 (9th Cir. 2000):
Because this contention does not target behavior occurring during an ongoing prison security measure, the"deliberate indifference" standard governs. A prison official is deliberately indifferent to a substantial risk of serious harm to inmates if that official is subjectively aware of the risk and does nothing to prevent the resulting harm. Farmer v. Brennan, 511 U.S. 825, 828-29 (1994). Deliberate indifference requires that an official "both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference. " Id. at 837. We are not convinced that Bess' behavior met the necessary elements to make out a case of deliberate indifference.
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.