What is the test for finding a prison official guilty of a violation of the prisoner's duty of care and attention to the inmate's health and safety?
MultiRegion, United States of America
The following excerpt is from Spencer v. Brazelton, CASE NO. 1:14-cv-0707-MJS (E.D. Cal. 2015):
To establish a violation of this duty, the prisoner must establish that prison officials were "deliberately indifferent" to serious threats to the inmate's health or safety. Id. at 834. "Deliberate indifference is a high legal standard." Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). "'If a [prison official] should have been aware of the
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