What is the test for a plaintiff to claim constitutionally inadequate medical care under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Buchanan v. Chavez, Case No.: 1:11-cv-00347 JLT (PC) (E.D. Cal. 2013):
To state a claim for constitutionally inadequate medical care under the Eighth Amendment, the plaintiff must allege that (1) he objectively has a "serious medical need" and (2) that the defendant subjectively responded with "deliberate indifference" to that need. McGuckin v. Smith, 974 F.2d
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