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CHABAL v. REAGAN

No. 86-5332.

822 F.2d 349 (1987)

Matthew CHABAL, Jr., Appellant, v. Ronald REAGAN, President, United States of America; Robert H. Tuttle, Deputy Assistant to the President and Director of Presidential Personnel, Individually and in his capacities as Deputy Assistant and Director; Stanley Morris, Director, United States Marshal's Service, Individually and in his capacity as Director; John J. Twomey, Deputy Director, United States Marshal's Service, Individually and in his capacity as Deputy Director; United States Marshal's Service; United States Department of Justice; United States of America.

United States Court of Appeals, Third Circuit.

Decided June 15, 1987.

Attorney(s) appearing for the Case

Clifford A. Rieders (argued), Rieders, Travis, Mussina, Humphrey & Harris, Williamsport, Pa., for appellant.

Richard K. Willard, Asst. Atty. Gen., James J. West, U.S. Atty., William Kantner, Douglas N. Letter, Harold J. Krent (argued), Appellate Staff Civil Div. Dept. of Justice, Washington, D.C., for appellees.

Before SLOVITER, MANSMANN, Circuit Judges, and SCIRICA, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

Plaintiff Matthew Chabal, Jr. filed suit in federal district court challenging his removal from his position as the United States Marshal for the Middle District of Pennsylvania and seeking reinstatement, back pay and other damages. The district court found that Chabal's complaint failed to state a claim and dismissed the action under Fed.R.Civ.P. 12(b)(6). Chabal...

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