Motion to Dismiss. Martin brought a civil rights action against his employer, the New York Department of Mental Hygiene, when it failed to promote him on several occasions. His complaint stated only that the defendant had discriminated against him on
the basis of race by denying him "the authority, salary, and privileges commensurate with this position." The employer made a motion to dismiss the claim for failure to state a cause of action. Discuss whether the employer could be successful.
Motion to dismiss
Yes, because the complaint is insufficient. Basically, a motion to dismiss (or demurrer) is an al-legation that there has not been stated a sufficient legal cause to require the defendant to present an answer (defense). A complaint that consists of nothing more than naked assertions and sets forth no facts on which a court could find a violation of the Civil Rights Act fails to state a claim.
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