Civil Rights Action Against Department of Social Services

In Tamas v. Dep’t of Soc. & Health Servs., No. 08-35862, an action against the Department of Social and Health Services and nine of its employees alleging negligence and civil rights violations, the court vacated the denial of summary judgment for defendants 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.

 

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Read the Ninth Circuit’s Decision in Tamas v. Dep’t of Soc. & Health Servs., No. 08-35862

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