ATTERBURY v. U.S. MARSHALS SERVICE

Docket Nos. 18-1713-cv(L); 18-2378-cv(Con) August Term 2019.

941 F.3d 56 (2019)

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, John Doe, in His Individual Capacity, Defendants-Appellees. Daniel F. Hauschild, Plaintiff-Appellee, v. United States Marshals Service, Defendant-Appellant, Patricia Hoffman, Contracting Officer, Office of Security Contracts, Judicial Security Division, United States Service, in Her Individual Capacity, John Doe, in His Individual Capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 25, 2019.


Attorney(s) appearing for the Case

Joshua J. Ellison ( Kate M. Swearengen , on the brief), Cohen, Weiss and Simon LLP, New York, NY, for Stephen L. Atterbury, Plaintiff-Appellant in 18-1713, and Daniel F. Hauschild, Plaintiff-Appellee in 18-2378.

Christine S. Poscablo , Asst. U.S. Atty., New York, NY ( Geoffrey S. Berman , U.S. Atty. for the Southern District of New York, Benjamin H. Torrance , Asst. U.S. Atty., New York, NY, James P. Kennedy, Jr. , U.S. Atty. for the Western District of New York, Michael S. Cerrone , Monica J. Richards , Asst. U.S. Attys., Buffalo, NY, on the brief), for United States Marshals Service, Gary Insley and John Doe, Defendants-Appellees in 18-1713, and United States Marshals Service, Defendant-Appellant in 18-2378.

Before: NEWMAN, CABRANES, LYNCH, Circuit Judges.


These appeals present, in an unusual context, the issues of whether a discharged public employee working for a federal government contractor has a property interest in continued employment and, if so, whether his discharge comported with the requirements of procedural due process. The context is unusual because, as...

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