The following excerpt is from Thurston v. Schwarzenegger, CASE NO. 1:08-cv-00342-AWI-GBC (PC) (E.D. Cal. 2011):
Helling v. McKinney, 509 U.S. 25, 34-35 (1993) (noting that it would be impossible to rule out the possibility of a claim on substantial risk of serious harm since the success of the claim turns on the evidence).
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.