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Rule 12(b) Dismissal Requires Inability to Prove Claim

Loaded on Dec. 15, 1998 published in Prison Legal News December, 1998, page 22
Filed under: Medical, Dental Care, Summary Judgment. Location: Connecticut.
The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts which entitle him to relief. A Rule 12(b)(6) dismissal ...

 

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