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ROYAL CARIBBEAN v. P.R. PORTS AUTHORITY

No. 92-1079.

973 F.2d 8 (1992)

ROYAL CARIBBEAN CORP. and Caribbean Cruise Line, Ltd., Plaintiffs, Appellants, v. PUERTO RICO PORTS AUTHORITY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 19, 1992.

Attorney(s) appearing for the Case

Francisco G. Bruno with whom Marisa Rivera Barrera and Sweeting Gonzalez Cestero & Bruno, Hato Rey, P.R., were on brief, for plaintiffs, appellants.

Jose Juan Torres-Escalera with whom Jiménez, Graffam & Lausell, San Juan, P.R., was on brief for defendants, appellees.

Before BREYER, Chief Judge, LAY, Senior Circuit Judge, and O'SCANNLAIN, Circuit Judge.

BREYER, Chief Judge.

This appeal raises the question whether the Puerto Rico Ports Authority enjoys Eleventh Amendment immunity from a tort action claiming that it negligently maintained Pier No. 6 in San Juan Harbor. We hold that the Authority, in operating and maintaining the San Juan docks, is not an "arm" of the Commonwealth government. Hence, it does not enjoy Eleventh Amendment immunity. We reverse a district court judgment to the contrary.

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