OPINION OF THE COURT
On Saturday, April 29, 2006, seventeen-year-old Eric Betts suffered a tragic spinal cord injury while attempting to make a tackle during a “pick-up” football game at the New Castle Youth Development Center (YDC). Following the injury, Betts sued YDC and several of its staff members pursuant to 42 U.S.C. § 1983, claiming various constitutional violations. The District Court entered summary judgment for YDC and its staff in their official capacities, finding them immune from suit under the Eleventh Amendment. Summary judgment also was entered on the merits in favor of the Defendants in their individual capacities. Betts filed this timely appeal. 1
I.
The District Court had subject matter jurisdiction pursuant to 28 U.S.C. § 1331. We have appellate jurisdiction under 28 U.S.C. § 1291.
“Our review of Defendants’ entitlement to Eleventh Amendment immunity is plenary.”
Haybarger v. Lawrence County Adult Prob. and Parole,
II.
The YDC houses youths who have been adjudicated delinquent and committed by Pennsylvania’s Juvenile Courts to the care and custody of the Pennsylvania Department of Welfare’s Bureau of Juvenile Justice Services. At the time of his injury, Betts had been committed to the YDC’s Secure Treatment Program — a maximum security program for serious offenders— and was assigned to one of five residential cottages. Counselors worked in the cottages and were required to accompany the residents at all times. On weekends, residents had “free time” during which they were permitted to use indoor and outdoor basketball courts, several gyms and weight training equipment, a swimming pool, and *253 an outdoor area available for football or walking. During daytime activities such as the football game involved in this case, at least one YDC staff member had to be present for every six residents.
On the day Betts was tragically injured, two counselors accompanied ten residents, including Betts, to the outdoor area to play football. By their previous agreement, residents from Pittsburgh chose to square off against residents from Philadelphia. As was their habit, the residents played tackle football without any equipment. During the course of the fateful game, a player simulated a kickoff by throwing the ball into the air. Betts — who had prior experience playing organized and “pickup” tackle and touch football — ran down the field “full force” and hit the ball carrier with his head. Betts testified at his deposition that he “really tried to hurt” the opposing player because his “adrenaline was rushing.”
Upon impact, Betts fell to the ground and was unable to get up. While Betts was lying on the ground, a counselor advised Betts to tell people he had been playing touch, not tackle, football. 2 An ambulance transported Betts to a local hospital, where he was evacuated by helicopter to St. Elizabeth’s Hospital in Youngstown, Ohio. Unfortunately, Betts’s spinal cord injury was so severe that it resulted in quadriplegia.
Following the accident, Betts sued YDC and several of its staff members in their official and individual capacities. As relevant to this appeal, Betts claimed his rights were violated under the Eighth and Fourteenth Amendments to the United States Constitution. The Defendants filed a motion for summary judgment, asserting that YDC and its staff in their official capacities were immune from suit under the Eleventh Amendment. The District Court agreed, holding that the Pennsylvania Department of Public Welfare (DPW) is an administrative agency without existence apart from the Commonwealth.
Betts v. New Castle Youth Dev. Ctr.,
As for Betts’s individual-capacity claims against the YDC staff members, the District Court ruled on the merits. On Betts’s Eighth Amendment claim, the District Court held there was insufficient evidence to raise genuine issues of fact as to the existence of a substantial risk of serious harm and the Defendants’ deliberate indifference to that risk. Id. at *5-6. Regarding Betts’s claims under the Due Process Clause of the Fourteenth Amendment, the District Court held that his claim for deliberate indifference failed for the same reason it failed under the Eighth Amendment and that there was no liability under the state-created danger doctrine because the challenged behavior did not shock the conscience. Id. at *6-8.
III.
State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment, which provides: “The Judicial power
*254
of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
4
U.S. Const. amend. XI. “The Supreme Court extended the Eleventh Amendment’s reach to suits by instate plaintiffs, thus barring all suits against non-consenting States in federal court.”
Lombardo v. Pennsylvania Dep’t of Public Welfare,
“[I]n certain instances summary disposition of the eleventh amendment issue is possible,” however, in close cases, “evidence beyond the mere statutory language is required.”
Blake v. Kline,
The fundamental flaw in Betts’s argument lies in its fallacious premise,
viz.,
that this is a case where “evidence beyond mere statutory language” is required. As we stated long before
Christy
was decided: “in certain instances summary disposition of the eleventh amendment issue is possible .... ”
Blake,
As the District Court duly noted, Pennsylvania and federal law establish that the DPW is entitled to Eleventh
*255
Amendment immunity because it is an administrative agency without existence apart from the Commonwealth.
See
71 Pa. Stat. § 61 (“executive and administrative work of [the Commonwealth of Pennsylvania] shall be performed by” various executives and administrative agencies, including the “Department of Public Welfare”);
Pennhurst State Sch. & Hosp. v. Halderman,
The District Court’s holding is firmly grounded in Pennsylvania statutory law, which provides:
“State institutions” means and includes all hospitals for the mentally ill or any other institutions for mentally retarded or epileptic persons, or for juvenile delinquents and dependents, and charitable institutions, within this Commonwealth, maintained in whole by the Commonwealth, and whose boards of trustees are departmental administrative boards within the department.
62 Pa. Cons.Stat. § 301. The DPW has “supervision over all State institutions,” id. at § 302, and Pennsylvania’s statutory scheme for DPW administration of these institutions further evidences that YDC does not have independent status apart from the Commonwealth. See Id. at §§ 304 (payment of costs), 305 (DPW control over contracts for repairs, alterations or equipment), 307 (DPW control over contracts for utility services); 308 (DPW authority to lease land at state institutions to municipalities for purposes of garbage disposal); 342 (DPW power to appoint superintendents of state institutions). This statutory scheme — which explicitly includes institutions for juvenile delinquents within the definition of “state institutions” — is the beginning and the end of the matter for purposes of Eleventh Amendment immunity. This is not a case involving complex institutional arrangements with non-state actors. 6
In sum, because Pennsylvania law provides, and Betts concedes, that institutions for juvenile delinquents are state institutions existing within the Department of Public Welfare and YDC was, in fact, managed by DPW, we hold that the District *256 Court did not err in granting Eleventh Amendment immunity to YDC and its staff in their official capacities. The District Court was not required to reflexively apply the Christy test because YDC is clearly an arm of the Commonwealth under state law.
IV.
Following its initial ruling with respect to the Eleventh Amendment, the District Court proceeded to adjudicate the merits of Betts’s claims against the YDC staff
7
in their individual capacities, as required by
Hafer v. Melo,
Betts contends the District Court erred in entering summary judgment on his Eighth Amendment claim because he raised genuine issues of material fact as to the existence of a substantial risk of serious harm and the Defendants’ deliberate indifference to that risk.
The Eighth Amendment’s prohibition on “cruel and unusual punishment” restrains prison officials from certain actions (e.g., the use of excessive force against prisoners), and imposes on them a duty to provide “humane conditions of confinement.”
Farmer v. Brennan,
In
Helling v. McKinney,
The Supreme Court affirmed the court of appeals, holding that Helling had alleged a sufficiently serious harm; involuntary exposure to levels of second-hand
*257
smoke that created an unreasonable risk of harm to future health.
Id.
at 35,
It goes without saying that quadriplegia is an exceptionally serious harm. But Betts has presented no evidence that playing tackle football without equipment poses a “substantial risk” of serious harm. Instead, Betts argues that “the risk of serious harm associated with allowing residents to play tackle football without protective equipment is sufficiently obvious that any reasonable adult would realize it.” Betts Br. at 19. We disagree with Betts’s assertion that the excessive nature of the risk of serious injury from football is obvious.
In support of his claim that the risk of serious harm inherent in playing tackle football without equipment is obvious, Betts cites some of the Defendants’ admissions at their depositions that playing football may result in serious injury. Specifically, Betts notes that Counselor Stuart admitted he was aware that New England Patriots wide receiver Darryl Stingley was paralyzed after he was speared by Jack Tatum of the Oakland Raiders during an NFL preseason game in 1978. But the fact that football players have suffered grievous injuries while playing the game sheds no light on the frequency or likelihood of such injuries. The mere possibility that an injury may result from an activity does not mean that there is a “substantial risk” of that injury occurring.
See Baze v. Rees,
Life is fraught with risk of serious harm and the sports world is no exception. But an Eighth Amendment violation may not be predicated on exposure to
any
risk of serious harm; the risk must be “substantial.”
See Helling,
Moreover, Betts has failed to show that the risk complained of is one that society would refuse to tolerate. A case from the Court of Appeals for the Seventh Circuit is instructive in this regard.
See Christopher v. Buss,
Drawing all inferences in favor of Betts, we hold that no reasonable jury could find that allowing him to play tackle football without protective equipment rises to the level of an objectively serious deprivation of “the minimal civilized measure of life’s necessities.” Thus, Betts has failed to present a genuine dispute of fact regarding the existence of the objective component of an Eighth Amendment violation.
The District Court also held that Betts failed to establish the subjective element of his Eighth Amendment claim: that Defendants were deliberately indifferent to a substantial risk of harm because there was no evidence of a record of injuries during football games at YDC. Betts argues that he has presented adequate evidence of deliberate indifference in the form of: (1) Defendants’ deposition testimony acknowledging the dangers associated with playing football and the increased risk of harm from playing without equipment; (2) De *259 fendants’ admitted failure to train the residents of YDC about proper tackling techniques; and (3) expert reports opining that the Defendants exposed Betts to an unreasonable risk and showed a conscious disregard for his safety.
As explained by the Supreme Court:
Not every governmental action affecting the interests or well-being of a prisoner is subject to Eighth Amendment scrutiny, however. “After incarceration, only the ‘unnecessary and wanton infliction of pain’ ... constitutes cruel and unusual punishment forbidden by the Eighth Amendment.” To be cruel and unusual punishment, conduct that does not purport to be punishment at all must involve more than ordinary lack of due care for the prisoner’s interests or safety.... It is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause, whether that conduct occurs in connection with establishing conditions of confinement, supplying medical needs, or restoring official control over a tumultuous cellblock.
Whitley v. Albers,
Here, to show the requisite culpability of YDC staff members, Betts must demonstrate that Defendants were “aware of facts from which the inference could be drawn that a substantial risk of harm exists,” and that they “also dr[e]w the inference.”
Farmer,
V.
Finally, we turn to Betts’s Fourteenth Amendment claim that he was deprived of substantive due process. Specifically, Betts contends Defendants were deliberately indifferent to his liberty interest in bodily integrity and that allowing him to play tackle football without equipment constituted a state-created danger. The District Court rejected both claims, reasoning: (1) because the deliberate indifference necessary for a violation of due process is the same as that for Eighth Amendment violations, Betts’s failure to show deliberate indifference in the Eighth Amendment context doomed his substantive due process claim; and (2) Betts failed to establish
*260
a state-created danger because the alleged behavior did not shock the conscience.
Betts,
To support his substantive due process claims, Betts points to the same evidence he cited in support of his Eighth Amendment claim. Defendants argue that these claims are barred by the “more-specific-provision rule” because Betts’s complaints concerning the conditions of his confinement are properly cognizable under the Eighth Amendment. In the alternative, Defendants contend that the District Court properly found evidence of deliberate indifference to be lacking.
Noting its “reluctante] to expand the concept of substantive due process,” the Supreme Court has established the “more-specific-provision rule.”
County of Sacramento v. Lewis,
[T]he Eighth Amendment, which is specifically concerned with the unnecessary and wanton infliction of pain in penal institutions, serves as the primary source of substantive protection to convicted prisoners in cases such as this one, where the deliberate use of force is challenged as excessive and unjustified. It would indeed be surprising if, in the context of forceful prison security measures, “conduct that shocks the conscience” or “afford[s] brutality the cloak of law,” and so violates the Fourteenth Amendment, were not also punishment “inconsistent with contemporary standards of decency” and “ ‘repugnant to the conscience of mankind,’ ” in violation of the Eighth.... [I]n these circumstances the Due Process Clause affords respondent no greater protection than does the Cruel and Unusual Punishments Clause.
Although we have not previously applied the more-specific-provision rule in a precedential opinion, at least four of our sister circuit courts of appeals have done so.
See United States v. Hernandez,
Betts does not cite any case law for the proposition that he may bring both substantive due process and Eighth Amendment claims challenging the same conduct. Moreover, Betts’s claims concern his conditions of confinement and an alleged failure by Defendants to ensure his safety. Because these allegations fit squarely within the Eighth Amendment’s prohibition on cruel and unusual punishment, we hold that the more-specific-provision rule forecloses Betts’s substantive due process claims. 10
VI.
In sum, we will affirm the District Court’s summary judgment in favor of YDC and its staff in their official capacities because YDC is an arm of the state entitled to Eleventh Amendment immunity. We will also affirm the District Court’s summary judgment for the individual Defendants on the merits of Betts’s Eighth Amendment claim because Betts failed to show a substantial risk of serious harm that violates contemporary standards of decency and failed to show deliberate indifference. Finally, our adoption of the more-specific-provision rule obviates the need to address Betts’s Fourteenth Amendment substantive due process claims.
Notes
. Because Betts was a minor at the time of the injury, his mother brought suit as well, seeking compensation for the medical expenses she incurred on behalf of her son. Because there is complete overlap between the claims of Betts and his mother, for the sake of convenience we refer only to Betts.
. Betts testified that the residents always played tackle football, "physical, full contact like the Steelers.” Although some YDC staff testified that the games were touch football, we accept the truth of Betts's version of events for purposes of this appeal.
. The District Court also dismissed Betts’s claims under the Fourth and Fifth Amendments to the United States Constitution, but Betts has not preserved those claims for appeal.
. The Supreme Court has explained — and we have recognized — that " 'the Eleventh Amendment does not define the scope of the States’ sovereign immunity; it is but one particular exemplification of that immunity.’ ”
Lombardo v. Pennsylvania Dep’t of Public Welfare,
. The Commonwealth of Pennsylvania has not waived its rights under the Eleventh Amendment in this case. See 42 Pa. Cons.Stat. § 8521(b).
. That YDC did not have a Board of Trustees in place for at least two years prior to the time of Betts's accident does not negate that it is a "state institution” under § 301. By law, the Board of Trustees is a “departmental advisory board” within the DPW, 62 Pa. Cons. Stat. § 301, whose primary responsibilities include making recommendations regarding the management, operations, and policy of the institution, see id. at § 317. Like the District Court, we are not aware of any precedent or facts supporting Betts’s declaration that the absence of a Board of Trustees turned the YDC into a "rogue institution operating outside the supervision of the Commonwealth.” Betts Br. at 13.
. Specifically, Betts sued Kenneth Went, Director of Operations for all youth development facilities; Charles Mitcham, Director of the Secure Treatment Program at YDC; David Tomocheck, a Youth Development Counselor Supervisor at YDC; Omar Stuart, a Counselor at YDC; and Willie Blue and Tammy A. Odem, Youth Development Aides at YDC.
. An allegation of an Eighth Amendment violation by a juvenile detention facility official is analyzed under the same rubric as an allegation against a prison official.
Beers-Capitol,
. Despite the potential for serious injury, it appears such injuries occur rarely. A comprehensive report from the National Center for Catastrophic Injury Research — coauthored by one of Betts’s experts — states that there are approximately 1.5 million high school and middle school football players participating in the sport each year. Frederick O. Mueller & Robert C. Cantu, Catastrophic Sports Injury Research Twenty-Seventh Annual Report, Fall 1982 — Spring 2009 (hereinafter “Report ”), available at http://www.unc.edu/ depts/nccsi/2009ALLSPORT.pdf (last visited August 17, 2010). The Report finds, based on statistics collected over a 27-year period, that the rate of serious injury (including death and paralysis) from football is “less than one per 100,000 participants.’’ Id. at 8; see also ac *258 companying data tables at 5, available at http://www. unc.edu/depts/nccsi/2009ALLSPORTTABLES.pdf (last visited August 17, 2010).
. In light of our adoption of the more-specific-provision rule, we need not address Betts's arguments under the Fourteenth Amendment regarding deliberate indifference to his right to bodily integrity or the state-created danger doctrine.
