Second Circuit – Due Process: Atterbury v. U.S. Marshals Service

U.S. Court of Appeals for the Second Circuit

Due Process

Wrongful Termination – Administrative Procedure Act

Atterbury v. U.S. Marshals Service

14-2805

Judges Lynch, Lohier and Carney

Background: The plaintiff appealed from a judgment that dismissed his complaint for failure to state a claim and for lack of subject-matter jurisdiction. The plaintiff alleged that the defendant had violated his rights under the Due Process Clause when it terminated his employment as a Court Security Officer.

Ruling: The Second Circuit vacated in part and remanded. The court held that the plaintiff does not have a private right of action under the Due Process Clause pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). However, the Second Circuit that the plaintiff’s claim under the Administrative Procedure Act was not properly dismissed for lack of subject-matter jurisdiction.

Thomas N. Ciantra of Cohen, Weiss and Simon for the plaintiff-appellant; Michael S. Cerrone, assistant United States attorney, for the defendants-appellees