The following excerpt is from Criswell v. Boudreaux, No. 1:20-cv-01048-DAD-SAB (E.D. Cal. 2020):
contemporary standards of decency to expose anyone unwillingly to such a risk. In other words, the prisoner must show that the risk of which he complains is not one that today's society chooses to tolerate." Id. at 36. As to the subjective component, the prisoner must show that a prison official has a "sufficiently culpable state of mind," which is one of deliberate indifference to the prisoner's health or safety. Farmer v. Brennan, 511 U.S. 825, 847 (1994). "[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id. at 837.
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.