Legal Opinion

Atterbury v. United States Marshals Service

Court of Appeals for the Second Circuit

Decided November 3, 2015No. Docket No. 14-2805-cvPublishedCited by 18 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

Plaintiff-Appellant Stephen L. Atter-bury’s employment as a Court Security Officer (“CSO”) was terminated when Defendants-Appellees the United States Marshals Service (“USMS”) and Gary Ins-ley determined that he had violated USMS’s performance standards. Because Atterbury was employed by a federal contractor, rather than directly by USMS, he could not challenge his dismissal under the administrative scheme that regulates the federal civil service. Nor could he avail himself of the remedial scheme that governs disputes between contractors and the federal…

2Cases cited17 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Butz v. EconomouSupreme Court of the United States · 1978
  3. Carlson v. GreenSupreme Court of the United States · 1980
  4. Bush v. LucasSupreme Court of the United States · 1983
  5. Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron RoeillCourt of Appeals for the Second Circuit · 2002

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3Cited by18 opinions

  1. Palmer v. AmazonCourt of Appeals for the Second Circuit · 2022
  2. Liff v. Office of Inspector General for U.S. Department of LaborCourt of Appeals for the D.C. Circuit · 2018
  3. Hughes v. City of New YorkDistrict Court, E.D. New York · 2016
  4. Hauschild v. United States Marshals ServiceCourt of Appeals for the Second Circuit · 2016
  5. Atterbury v. United States Marshals ServiceCourt of Appeals for the Second Circuit · 2019

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