What is the objective and subjective test used to determine whether a prison official discriminated against a prisoner?
MultiRegion, United States of America
The following excerpt is from Duran v. Tinetti, CASE NO. 1:12-cv-01606 GSA PC (E.D. Cal. 2013):
The objective requirement is met if the prison official's acts or omissions deprived a prisoner of "the minimal civilized measure of life's necessities.'" Id. (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)). To satisfy the subjective prong, a plaintiff must show more than mere inadvertence or negligence. Neither negligence nor gross negligence will constitute deliberate
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