Nielsen v. Bloomberg, No. 12-4313 (2d Cir. 2014)Annotate this Case
Plaintiff, pro se, filed suit against defendants under the Fourteenth Amendment for deliberate indifference. After plaintiff was beaten by police officers, he was taken to the emergency room where was evaluated doctors. Plaintiff alleged that Defendant Rabin, one of the doctors, allowed herself to be influenced by the officers who told Rabin that plaintiff had attacked a female police officer and that he should be ignored and left alone. The district court concluded that plaintiff's complaint did not state a claim for deliberate indifference because he did not adequately allege that Rabin acted with a sufficiently culpable state of mind. The court concluded that if plaintiff's complaint were amended to include the allegations in his opposition to the motion to dismiss, the complaint would sufficiently set forth the mental state element of his deliberate indifference claim. Accordingly, the court reversed the district court's denial of leave to amend and remanded for further proceedings where amendment in this instance would not be futile.