What is the test for determining whether a defendant had requisite knowledge of a substantial risk of harm?
MultiRegion, United States of America
The following excerpt is from Person v. Perry, No. 2:20-cv-0622 DB P (E.D. Cal. 2021):
Whether a defendant had requisite knowledge of a substantial risk of harm is a question of fact. Farmer, 511 U.S. at 842. Thus, liability may be avoided by presenting evidence that the defendant lacked knowledge of the risk and/or that his response was reasonable in light of all the circumstances. See Farmer, 511 U.S. at 844-45; see also Simmons v. Navajo County Ariz. 609
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