What is the test for a prison official to be found guilty of cruel and unusual punishment under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Rivera v. Lozano, Case No. 1:15-cv-01887-JLT (PC) (E.D. Cal. 2016):

Second, subjectively, the prison official must "know of and disregard an excessive risk to inmate health or safety." Id. at 837; Anderson v. County of Kern, 45 F.3d 1310, 1313 (9th Cir. 1995).

The Eighth Amendment prohibits cruel and unusual punishment in penal institutions. Whether a specific act constitutes cruel and unusual punishment is measured by "the evolving standards of decency that mark the progress of a maturing society." Hudson v. McMillian, 503 U.S. 1, 8, 112 S.Ct. 995 (1992).

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