What is the test for establishing that a "unjustifiably high risk of harm that is either known or so obvious that it should be known" is insufficient to establish an Eighth Amendment violation?
MultiRegion, United States of America
The following excerpt is from Voss v. Baker, 1:17-cv-00626-EPG (PC) (E.D. Cal. 2017):
unjustifiably high risk of harm that is either known or so obvious that it should be known") is insufficient to establish an Eighth Amendment violation. Farmer v. Brennan, 511 U.S. 825, 836-37 & n.5 (1994) (citations omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Does a supervisor who was informed of an alleged violation of the Eighth Amendment have been held liable if he or she failed to remedy the violation? (MultiRegion, United States of America)
If there is no evidence that the conditions in the general population of a maximum security prison violate the eighth amendment, what is the quantum of violation in administrative segregation? (MultiRegion, United States of America)
What are the implications of a district court finding that a claim for "de minimis injuries" are insufficient to violate the Eighth Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (MultiRegion, United States of America)
What is the test for establishing a violation of the Eighth Amendment based on inadequate medical care? (MultiRegion, United States of America)
What is the test for establishing an Eighth Amendment violation based on inadequate medical care? (MultiRegion, United States of America)
What is the test for establishing a violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for violating the Eighth Amendment in the context of human rights violations? (MultiRegion, United States of America)
When a government official has not violated the Eighth Amendment by refusing to admit to a patient's medical malpractice, is this a violation of the law? (MultiRegion, United States of America)
