What is the objective and objective component of an Eighth Amendment violation?
MultiRegion, United States of America
The following excerpt is from Marella v. Terhune, CASE NO. 03cv660-BEN (MDD), Doc. No. 50 (S.D. Cal. 2011):
First, the objective component of an Eighth Amendment violation requires the showing of a serious medical need. Id. A serious medical need is demonstrated by a showing that the "failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain." Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (internal citation omitted).
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