Atterbury v. United States Marshals Service, No. 18-1713 (2d Cir. 2019)Annotate this Case
Plaintiffs Atterbury and Hauschild filed suit alleging that they were improperly discharged as Court Security Officers (CSOs). The district court granted summary judgment in favor of the USMC.
The Second Circuit held that a discharged public employee, like plaintiffs here, working for a federal government contractor has a property interest in continued employment. The court also held that plaintiffs' discharges did not comply with the requirements of procedural due process. In this case, although plaintiffs were informed of the initial misconduct allegations that gave rise to the relevant investigations, USMS provided no explanation of the reasons for its decisions that they be removed from the CSO program. Accordingly, the court reversed and remanded in Atterbury's case, and affirmed and remanded in Hauschild's case.