MORALES
v.
HICKMAN, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL.

U.S. | 2006-02-20
No. 05-9291 (05A763)
546 U.S. 1163 Supreme Court of the United States (2006) Positive Treatment
Cited by 1 case
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  • Lightbourne v. McCOLLUM, 969 So. 2d 326 (Fla. 2007)
    …administered in practice, creates an undue and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eighth Amendment. See Morales v. Hickman, 415 F. Supp. 2d 1037 (N.D.Cal.), aff'd, 438 F. 3d 926 (9th Cir.), cert. denied, 546 U.S. 1163, 126 S.Ct. 1314, 163 L.Ed.2d [*339] 1148 (2006). However, a number of other courts have used different standards, including “an undue and unnecessary risk,”11 a “foreseeable risk,”12 and a “constitutionally significant risk.”13 Some courts have even…

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