What is the standard of indifference required for a prison officer to treat an inmate as an "incompetent individual" for health and safety reasons?
MultiRegion, United States of America
The following excerpt is from Figueroa v. Cal. of Correction Health Dep't, CASE NO. 1:10-CV-02032-DLB PC (E.D. Cal. 2011):
indifference standard involves an objective and a subjective prong. First, the alleged deprivation must be, in objective terms, "sufficiently serious...." Farmer, 511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)). Second, the prison official must "know[] of and disregard[] an excessive risk to inmate health or safety...." Id. at 837.
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