FLORES-SILVA v. McCLINTOCK-HERNÁNDEZ

No. 11-2495.

710 F.3d 1 (2013)

Lelis Yalí FLORES-SILVA, Plaintiff, Appellant, v. Kenneth McCLINTOCK-HERNÁNDEZ; José Rodríguez-Suárez; Blanca López-Agudo; José Negrón-Pantojas; Consuelo Figueras-Revuelta; Eduardo Arosemena-Muñoz; Nivea E. Torres-Ocasio; Edna Coira-Aponte; Dwight Fagundo-Cruz; Vanessa Viera-Rabelo; State Department of the Commonwealth of Puerto Rico; Puerto Rico Ports Authority; The Commonwealth of Puerto Rico, Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 11, 2013.


Attorney(s) appearing for the Case

Peter John Porrata , for appellant.

Eliezer A. Aldarondo-López , with whom Carlos Cardona-Fernández and Aldarondo & López-Bras, were on brief for appellees McClintock, Rodríguez, López, Negrón, Figueras, Arosemena, Torres, Coira, Fagundo, Viera and the State Department of the Commonwealth of Puerto Rico.

José O. Vázquez-García , with whom Masa & Green, PSC, was on brief for appellee Puerto Rico Ports Authority.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.


TORRUELLA, Circuit Judge.

This case comes before us after the District Court of Puerto Rico found that a complaint filed by Lelis Y. Flores Silva ("Flores") failed to state a claim and determined that amendment would be futile. Flores only appeals the futility finding. We rule that the district court did not abuse its discretion in denying the requested amendment and thus affirm.

I. Background

On New Year's Eve of 2010, Flores...

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