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ATTERBURY v. U.S. MARSHALS SERVICE

Docket No. 14-2805-cv.

805 F.3d 398 (2015)

Stephen L. ATTERBURY, Plaintiff-Appellant, v. UNITED STATES MARSHALS SERVICE, Gary Insley, Contracting Officer, Office of Security Contracts, Judicial Division, United States Marshals Service, in his individual capacity, and John Doe, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 3, 2015.

Attorney(s) appearing for the Case

Thomas N. Ciantra ( Kate M. Swearengen , on the brief), Cohen, Weiss and Simon LLP, New York, N.Y., for Plaintiff-Appellant.

Michael S. Cerrone , Assistant United States Attorney, on behalf of William J. Hochul, Jr. , United States Attorney for the Western District of New York, Buffalo, N.Y., for Defendants-Appellees.

Before: LYNCH, LOHIER, and CARNEY, Circuit Judges.

Plaintiff-Appellant Stephen L. Atterbury's employment as a Court Security Officer ("CSO") was terminated when Defendants-Appellees the United States Marshals Service ("USMS") and Gary Insley determined that he had violated USMS's performance standards. Because Atterbury was employed by a federal contractor, rather...

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