What is the test for an inmate to bring a claim for medical malpractice against a prison official for failing to properly assess the risk to his health and safety?

MultiRegion, United States of America

The following excerpt is from Hemsley v. Swarthout, No. 2:12-cv-2930-JAM-EFB P (E.D. Cal. 2014):

The Eighth Amendment prohibits state actors from acting with deliberate indifference to an inmate's health or safety. See Farmer v. Brennan, 511 U.S. 825 (1994). A claim based on deliberate indifference to health or safety has two elements. First, an inmate must show that he was "incarcerated under conditions posing a substantial risk of serious harm." Id. at 834. Second, the inmate must show that defendants acted with "deliberate indifference" to that risk. Id. Deliberate indifference is shown by proof that a prison official was "both aware of facts from which the inference could be drawn that a substantial risk of serious harm exists" and that he drew the inference. Id. at 837. Allegations showing that the defendant officials acted with negligence or even gross negligence will not suffice to meet this standard; the defendant officials must subjectively know of the risk to plaintiff's health and consciously disregard that risk. Id. at 835-37.

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