Strolberg

MEMORANDUM *

1. The district court erred in denying appellants’ motion to amend. Although we review the district court’s refusal to grant leave to amend under Federal Rule of Civil Procedure 15 for abuse of discretion, we review de novo the underlying legal conclusion of whether a particular amendment to the complaint would be futile. Griggs v. Pace Am. Group, Inc., 170 F.3d 877 , 879 (9th Cir.1999); Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1296 (9th Cir.1998). Appellants’ operative complaint below alleged that they had been denied the type of pre- or post-termination processes to which they were entitled, and that the government had “either intentionally or mistakenly” misinterpreted their medical exam results. These facts are distinct *684 from the allegedly discriminatory termination underlying appellants’ Rehabilitation Act claims, and would support a due process claim, independent of appellants’ discrimination claims. Cf. Nolan v. Cleland, 686 F.2d 806, 814-15 (9th Cir.1982). Accordingly, that portion of the district court’s order denying appellants’ motion for leave to amend due to futility is reversed.

2. The district court did not err by granting summary judgment…