Nielsen v. Rabin
Court of Appeals for the Second Circuit
1Opinion of the Court
STRAUB, Circuit Judge:
Pro se plaintiff Charles Nielsen brought suit against defendant Dr. Elaine A. Rabin, among others, under the Fourteenth Amendment for deliberate indifference to his serious medical needs. The District Court (Eric N. Vitaliano, Judge) dismissed the complaint on the ground that Nielsen did not adequately allege an element of his deliberate indifference claim: that Dr. Rabin had a sufficiently culpable state of mind. The court also denied Nielsen leave to amend 25 his complaint because additional allegations in Nielsen’s brief in opposition to Dr. Rabin’s motion to dismiss…
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