Silva v. City of New Bedford, MA, No. 10-1013 (1st Cir. 2011)Annotate this Case
Plaintiff filed suit in 2007 against the two officers who arrested her during a nightclub incident. The district court denied her motion to amend her complaint to add the City of New Bedford as a defendant. She did not appeal. The case ended in a settlement prompted by an offer of judgment under Federal Rule of Civil Procedure 68. Within a few weeks after judgment was entered plaintiff filed a second suit based on the nightclub incident, naming the City as the defendant. The district court dismissed the case based on the doctrine of claim preclusion. The First Circuit affirmed, noting that plaintiff offered no explanation for the delay of 10 months in moving to add the City to the first case.