What is the test for a claim for violation of the Eighth Amendment based on inadequate medical care?
MultiRegion, United States of America
The following excerpt is from Valdez v. Cate, No. 2:12-cv-2867 TLN EFB P (E.D. Cal. 2013):
To state a claim for violation of the Eighth Amendment based on inadequate medical care, plaintiff must allege "acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). To prevail, plaintiff must show both that his medical needs were objectively serious, and that defendant possessed a sufficiently culpable state of mind. Wilson v. Seiter, 501 U.S. 294, 297-99 (1991);
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