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J.S. v. T'KACH

Docket No. 11-1287-pr.

714 F.3d 99 (2013)

J.S., Plaintiff-Appellant, v. Stephen T'KACH, Director Office of Enforcement Operations (OEO), in his Individual Capacity, Eileen Ruleman, Chief of OEO, in her Individual Capacity, Jennifer Sequi, Coordinator of OEO, in her Individual Capacity, Donna Hill, Unit Manager F.C.I., Otisville, N.Y., in her Individual Capacity, and Louis Scialabba, Counselor at F.C.I. Otisville, N.Y., in his Individual Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 10, 2013.

Attorney(s) appearing for the Case

Douglas F. Broder ( Philip Rogers , on the brief) K & L Gates LLP, New York, NY, for Plaintiff-Appellant.

James Nicholas Boeving , Assistant United States Attorney ( Sarah Sheive Normand , Assistant United States Attorney, on the brief) for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

B.D. Parker, J., delivered the opinion of the Court, in which Wallace and Hall, JJ., joined. Hall, J., filed a concurring opinion, in which B.D. Parker, J., joined.

B.D. PARKER, Circuit Judge:

Plaintiff-appellant, JS, formerly a participant in the Justice Department's Witness Security Program ("the Program"), brings this action pursuant to Bivens v. Six Unknown Named. Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging that he was terminated from the Program without being afforded procedural due process. JS also alleges that following his termination...

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