What is the test for a motion to dismiss for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Sims v. City of N.Y., No. 19-198 (2nd Cir. 2019):

We review "de novo the grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim, accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff." Montero v. City of Yonkers, 890 F.3d 386, 394 (2d Cir. 2018) (citation omitted).

To sustain a claim for deliberate indifference to serious medical needs, a plaintiff must satisfy, first, "an 'objective prong' showing that the challenged conditions were sufficiently serious to constitute objective deprivations of the right to due process," and second, a subjective prong "showing that the [defendants] acted with at least deliberate indifference to the challenged conditions." Darnell v. Pineiro, 849 F.3d 17, 29 (2d Cir. 2017).3

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