U.S. District Court for the Southern District of New York Finds that Member and Officer of United States Court Security Officers Had a Property Right in Continued Employment as a Court Security Officer, Sets Aside U.S. Marshals Service’s Termination Decision.

On June 15, 2018, the U.S. District Court for the Southern District of New York (Seibel, J.) granted partial summary judgment to United States Court Security Officers member and officer Daniel Hauschild in his suit challenging pursuant to the Administrative Procedure Act his termination by the U.S. Marshals Service.  In her decision, Judge Cathy Seibel found that Hauschild had, by virtue of the collective bargaining agreement between labor union United States Court Security Officers and federal contractor Akal Security, Inc., a property right in continued employment as a Court Security Officer, even though the CBA carved out government-directed removals from the contractual grievance and arbitration process.  Judge Seibel also found that the “process” the Marshals Service afforded Hauschild in connection with his termination was constitutionally deficient as it did not adequately respect his property interest in his job.  Accordingly, she set aside the Marshals Service’s decision to terminate Hauschild.

The Court’s decision is available here.

Former Cohen, Weiss and Simon LLP partner Thomas N. Ciantra and associate Kate M. Swearengen represented Hauschild.

This blog is for informational purposes only and is not intended to provide legal advice. The blog should not be used as a substitute for competent legal counsel by a licensed attorney. While we try to provide accurate information, we make no commitment to our readers that the information on the blog is accurate, complete or current. Nor is the blog intended to create an attorney-client relationship between Cohen, Weiss and Simon LLP and any reader of the blog. Creation of an attorney-client relationship requires the express agreement of the firm.

Enter your email address below to receive notifications of new posts.