What is the test for finding a prison officer guilty of failing to protect an inmate from violence?
MultiRegion, United States of America
The following excerpt is from Del Rio v. Ylst, 1 F.3d 1246 (9th Cir. 1993):
The Eighth Amendment requires prison officials to protect prisoners from the threat of violence. Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir.1986). To establish an Eighth Amendment violation, a prisoner must show that the prison personnel acted with "deliberate indifference" to the inmate's need for a safe environment. Id. at 461. A showing of "deliberate indifference," requires proof of some degree of individual culpability. Id. at 460.
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