9.28 Particular Rights-Eighth Amendment- Convicted Prisoner's Claim of Failure to Protect is a type of claim that can be brought forward by a convicted prisoner alleging that a prison official has failed to protect them from harm or danger while in their custody. This claim is based on the Eighth Amendment of the United States Constitution, which prohibits cruel and unusual punishment. This claim can arise from an official’s failure to protect a prisoner from another prisoner, or from a prison staff member, or even from a third party. This claim may also be brought forward if the prison official has failed to provide the prisoner with adequate medical care or other necessary services. There are two types of claims under the Eighth Amendment: (1) deliberate indifference, and (2) negligence. Deliberate indifference means that the prison official acted in a way that was grossly reckless or showed intentional disregard for the safety of the prisoner. Negligence means that the prison official failed to use reasonable care in protecting the prisoner from harm.