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MARIANI-COLON v. DEPT. OF HOMELAND SEC.

No. 06-2468.

511 F.3d 216 (2007)

Sidney MARIANI-COLÓN, Plaintiff, Appellant, v. DEPARTMENT OF HOMELAND SECURITY, through its Secretary, Michael CHERTOFF, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 18, 2007.

Attorney(s) appearing for the Case

Mauricio Hernández Arroyo for appellant.

Isabel Muñoz-Acosta, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Thomas F. Klumper, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BALDOCK, Senior Circuit Judge.

Appellant Sidney Mariani-Colón (Mariani) is a black, Puerto Rican male who was provisionally hired as a federal air marshal, subject to his successful completion of a training program at the Federal Law Enforcement Training Center (FLETC) in Artesia, New Mexico. Appellant failed to graduate from the FLETC program. The Transportation Security Administration (TSA), a division of appellee Department of Homeland Security, ultimately...

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