United States Second Circuit

Reset A A Font size: Print

Atterbury v. U.S. Marshals Service, 14-2805

In an employment action challenging plaintiff's dismissal as a contract court security officer by defendant U.S. Marshals Service, the district court's grant of defendant's motion to dismiss is affirmed in part and vacated in part where: 1) plaintiff was not entitled to a Bivens claim because other avenues existed for challenging his dismissal; and 2) plaintiff's claim under the Administrative Procedure Act, 5 U.S.C. section 702, was not impliedly forbidden by the Tucker Act, 28 U.S.C. section 1491.

Appellate Information

  • Decided 11/03/2015
  • Published 11/03/2015

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel

Copied to clipboard