ELR Citation: 41 ELR 20320
No(s). 10-1865 (1st Cir. Oct 18, 2011)

The First Circuit upheld a lower court decision dismissing a biomedical waste disposal company's §1983 claims against the Puerto Rico Environmental Quality Board for rejecting its proposed plans for dealing with accumulated waste. The complaint states no plausible claim against any identifiable defendant. The complaint did not meet even minimal pleading standards. None of the defendants is alleged to have acted due to bias, to have retaliated against the company because of its protected conduct, to have deprived the company of any liberty or property interest without affording adequate procedural protections, or even to have acted arbitrarily. Because none of the claims are facially valid, the case was dismissed.