What is the test for a Section 1983 violation of the Eighth Amendment based on inadequate medical care?
MultiRegion, United States of America
The following excerpt is from Jacobs v. Martinez, Case No. 1:06 cv 01280 AWI GSA PC (E.D. Cal. 2014):
In order to state a 1983 claim for violation of the Eighth Amendment based on inadequate medical care, a 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). Plaintiff must show both that his medical needs were objectively serious, and that defendants possessed a sufficiently culpable state of mind. Wilson v. Seiter, 501 U.S. 294, 297 (1991).
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