Cheryl Miller v. Dr. Jolene Harbaug

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that to succeed on an Eighth Amendment claim, a plaintiff must present evidence “that the defendants were subjectively aware of the risks posed by [a prison condition] and that they recklessly failed to take appropriate steps to alleviate that risk.”
• explaining that “defendants cannot be thought to be reckless if the remedial step was not within their power”
• prison officials not liable under Eighth Amendment if “remedial step was not within their power”
• prison officials not liable under Eighth Amendment if \remedial step was not within their power\
• “[D]efendants cannot be [held liable under the Eighth Amendment] if the remedial step was 24 not within their power.”
• “[D]efendants cannot be [held liable under the Eighth Amendment] if the remedial step was not within their power.”

Source: CourtListener parenthetical corpus (CC0).