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NIELSEN v. RABIN

No. 12-4313-PR.

746 F.3d 58 (2014)

Charles NIELSEN, Plaintiff-Appellant, v. Elaine A. RABIN M.D., Defendant-Appellee, Bill De Blasio, Mayor — NYC; Michael A. Stocker M.D. Chairperson-NYC-HHC; Christopher Constantino, Exec.Dir.Elmhurst Hosp.; Sylvia Tschenyavsky M.D., Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2014.

Attorney(s) appearing for the Case

Charles Nielsen, Ridgewood, NY, pro se.

Tahirih Sadrieh , Assistant Corporation Counsel ( Edward F.X. Hart , on the brief) for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee.

Before: KEARSE, JACOBS, and STRAUB, Circuit Judges.

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...

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