Comey v. Department of Justice
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Overview
Overview
Maureen Comey, a former assistant U.S. attorney for the Southern District of New York, sued Pam Bondi and the Department of Justice over her termination which she alleges was without cause and without any opportunity to contest it.
The Issue
Issue
Whether a federal assistant U.S. attorney's termination without cause and without a pre-termination opportunity to be heard violates the Due Process Clause of the Fifth Amendment or applicable federal employment statutes.
The Rules
Rule
Federal employees with a property interest in their employment are entitled to notice of charges and a pre-termination opportunity to respond under the Fifth Amendment (Cleveland Board of Education v. Loudermill). Assistant U.S. Attorneys, as civil service employees, are entitled to statutory protections prohibiting arbitrary removal.
The Application
Analysis
Maureen Comey, as a career AUSA in the Southern District of New York, possessed an established property interest in her federal employment. Her allegations that she was terminated without stated cause and denied an opportunity to contest the termination before being removed from office establish a potential due process violation.
The Conclusion
Conclusion
The case is active before Judge Jesse M. Furman in the Southern District of New York. The court will determine whether Comey's removal procedures violated her constitutional or statutory rights to notice and a pre-termination hearing opportunity.
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