United States Second Circuit

District Court judgment dismissing plaintiff's complaint against the TSA for refusal to hire plaintiff as an airport security screener is affirmed where: 1) the district court lacked jurisdiction to review plaintiff's claim under the Administrative Procedure Act as the TSA has agency discretion under the Aviation and Transportation Security Act in deciding who to employ or appoint as a security screener; 2) the provisions of the Veterans Employment Opportunities Act the plaintiff contends were violated are not binding on the TSA in light of the ATSA; and 3) equal protection claim fails because it does not arise out of plaintiff's membership in any particular group.

Appellate Information

• Decided 03/03/2009
• Published 03/03/2009

Judges

• REENA RAGGI, Circuit Judge:, Before: KEARSE, RAGGI, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Vincent Curtis Conyers, Plaintiff-Appellant, pro se.


• For Appellees:
  
• Thomas A. McFarland, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Central Islip, NY, for Defendant-Appellee.