The following excerpt is from Barney O. Lyons S v. Traquina, No. CV 06-2339 RT (E.D. Cal. 2011):
Second, a prisoner must also show that the prison official acted with deliberate indifference in causing the deprivation. Toguchi, 391 F.3d at 1057. That is, the prison official must "know[ ] of and disregard[ ] an excessive risk to inmate health and safety." Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1187 (9th Cir. 2002). Under this subjective approach, the prison official "must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he [or she] must also draw the inference." Farmer, 511 U.S. at 837.
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