Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need 2025

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This is known as ordinary negligence. The standard is very low; however, it requires expert testimony to prove the claim. In the deliberate indifference claim, the inmate must prove that you were aware of his/her serious medical need and that you intentionally disregarded it.
The Eighth Amendment of the Constitution protects prisoners from cruel and unusual punishment.6 In 1976, the Supreme Court said in Estelle v. Gamble that a prison staffs deliberate indifference to the serious medical needs of prisoners is cruel and unusual punishment forbidden by the Eighth Amendment.
Deliberate indifference is when someone shows a lack of interest or concern about something important. In criminal law, it means someone is aware of circumstances that would make a reasonable person aware of a crime, but they choose to ignore it and remain ignorant.
This resulted in a two (2) part test that requires a plaintiff to establish: (1) an objective showing that he or she faces a substantial risk of harm; and (2) a subjective showing that the corrections official knows of the substantial risk and recklessly disregarded the risk (i.e., he or she consciously disregarded the
Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison officials deliberate indifference to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment.
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To prove deliberate indifference, an inmate must be able to prove that a prison guard, warden, or prison staff member had knowledge of the substantial risk of harm and failed to act. Evidence of knowledge can be shown by a prisoner who: Was in prolonged or excessive pain.
Deliberate indifference occurs when prison guards, wardens, and other prison staff knowingly refuse to address a prisoners safety concerns, remove a safety risk, or provide the prisoner with medical care.

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