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_________________________
No. 97-1370
Plaintiffs, Appellants,
v.
Defendant, Appellee.
_________________________
_________________________
Before
_________________________
Guillermo Gil,
_____________
Justice,
of
Housing
and
Urban
Development,
on
brief
for
appellee.
_________________________
_________________________
Per Curiam.
Per Curiam.
The plaintiffs
__________
are
former
employees
Administration
certain aspects
Rico
Public
housing program in
represents an effort to
2671-2680 (1994).
28
Puerto
Development (HUD)
U.S.C.
2675,
denied their
the
1997,
the
by filing
district
a motion
court
U.S.C.
timely administrative
filed suit
for dismissal.
the
1346(b),
Department of Housing
plaintiffs
dismissed
Puerto Rico.1
obtain damages
responded
Housing
of the public
claim,
the
and Urban
of
in
the
The government
On
February 25,
plaintiffs'
amended
1997 WL 117750
(D.P.R.
We have
briefs, evaluated
the case.
We
produces a
comprehensive, well-reasoned
decision, an
to
hear its
own words
resonate."
a lower court
Lawton
______
appellate
1996); accord In
______ __
____________________
are limned in
See Acevedo-Villalobos
___ __________________
an earlier opinion
v. Hernandez, 22
_________
of
F.3d 384,
re San Juan Dupont Plaza Hotel Fire Litig., 989 F.2d 36,
__________________________________________
Cir. 1993).
reasons
set
discretionary
Hence, we
forth
in
38 (1st
the
lower
function exception
court's
to the
discussion
FTCA.
See
___
of
the
Gonzalez_________
lack of wisdom) of
decided
to follow.
appeal, is
involved)
challenged
realm of
Rather, our
to determine
had
the
only
statutory
role, in
whether HUD
authority
the context
of this
(the federal
agency
to
enter
the
into
See
___
at *3 (1st
2680(a), bars
the maintenance
at *3.
of the
U.S.C.
plaintiffs' action.
After all, a
See
___
FTCA
cannot survive a
motion to dismiss if
imperatives
States v.
______
of
an
Gaubert,
_______
applicable regulatory
regime.
499 U.S.
(1991); Berkovitz
_________
315, 324-25
See United
___ ______
v.
____________________
rejected, as a matter
of statutory
interpretation,
1437d(j)(3)(A),
the Secretary
PRPHA
of HUD
was
required to
declare
The
not bear the weight that the plaintiffs load upon it.
United States,
_____________
486 U.S.
531, 536-37,
In
any event, as
Gonzalez-Figueroa,
_________________
1997
WL
117750,
at *4,
also recognized,
the
absence
of a
We need go no further.
affirmed.
Affirmed.
Affirmed.
________
No Costs.
No Costs.
________