Nicolas v. Rhode Island

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

May 3, 2002

Case

Nicolas v. Rhode Island

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

PER CURIAM. Sylvain Nicolas appeals from the district court’s order granting the defendants’ motion to dismiss his civil rights complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6). Nicolas alleged that the State of Rhode Island and Lisa Holley, in her official capacity as Chairperson of the Board of Parole, and individually, violated his due process and equal protection rights when, at his parole hearing, Holley asked Nicolas if he practiced a lot of voodoo and black magic. We review de novo a district court’s dismissal of a complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Chute v. Walker, 281 F.3d 314, 318 (1st Cir.2002). We must accept the well pled facts of the complaint as true and indulge every reasonable inference in favor of allowing the lawsuit to proceed. See North Bridge Associates, Inc. v. Boldt, 274 F.3d 38, 40 (1st Cir.2001). “Bald assertions, unsupportable conclusions, periphrastic circumlocution, and the like,” on the other hand can safely be ignored. See Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996). Having conducted this review, we conclude that the district court’s finding that claims for damages against the State of Rhode Island an…

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