What is the test for deliberate indifference in prison health and safety cases?
MultiRegion, United States of America
The following excerpt is from Jordan v. Norris, Case No. 1:20-cv-00467-NONE-EPG (PC) (E.D. Cal. 2020):
Deliberate indifference is established only where the defendant subjectively "knows of and disregards an excessive risk to inmate health and safety." Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004) (emphasis added) (citation and internal quotation marks omitted). Deliberate indifference can be established "by showing (a) a purposeful act or failure to
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