United States Ninth Circuit
Tamas v. Dep't of Soc. & Health Servs., 08-35862
In an action against the Department of Social and Health Services and nine of its employees alleging negligence and civil rights violations, a denial of summary judgment for defendants is vacated where the deliberate indifference standard, as applied to foster children, requires a showing of an objectively substantial risk of harm and a showing that the officials were subjectively aware of facts from which an inference could be drawn that a substantial risk of serious harm existed and that either the official actually drew that inference or that a reasonable official would have been compelled to draw that inference.
Appellate Information
- Decided 12/22/2010
- Published 12/22/2010
Judges
- Johnnie B. Rawlinson
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Robert M. McKenna, David P. Moody