What is the test for a tortfeasor to be found guilty of an Eighth Amendment violation?

MultiRegion, United States of America

The following excerpt is from Hilson v. Arnett, CASE NO. 1:15-cv-01240-MJS (PC) (E.D. Cal. 2016):

"To establish an Eighth Amendment violation, a plaintiff must satisfy both an objective standardthat the deprivation was serious enough to constitute cruel and unusual punishmentand a subjective standarddeliberate indifference." Snow v. McDaniel, 681 F.3d 978, 985 (9th Cir. 2012). To establish the objective prong, a plaintiff must show a serious medical need by demonstrating that "failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain." Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (internal quotations omitted).

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