Strolberg

MEMORANDUM *

Plaintiffs-Appellants Ron Strolberg, Charles Hawkins, and others (Appellants) appeal the district court’s grant of summary judgment in favor of the United States Marshals Service (USMS) and other federal agencies and officials in the one remaining claim in Appellants’ action, which alleges that their medical disqualifications from Court Security Officer (CSO) positions violated the Due Process Clause. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we do not supply them here except as necessary to explain our decision.

There is a constitutionally protected property interest in continued employment when an employee may only by discharged for cause, but when an “employee serves at will, he or she has no reasonable expectation of continued employment, and thus no property right.” Dyack v. N. Mariana Islands, 317 F.3d 1030, 1033 (9th Cir.2003). In this case, the collective bargaining agreement governing Appellants’ employment states that “no Employee shall be dismissed or suspended without just cause, unless the company is directed by the U.S. government to remove the Employee from working under the…

dissenting:

I dissent. The protection of the federal judiciary is the responsibility of the United States Marshals Service (“USMS”). See 28 U.S.C. § 566 (e)(1)(A) (“The United States Marshals Service is authorized to— (A) provide for the personal protection of *115 Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes oh the functioning of the judicial process or any other official proceeding.The USMS is authorized to outsource its duty to protect the federal judiciary to private contractors. Private contractors, such as Akal Security, generally hire former military and law enforcement officers to serve as Court Security Officers (“CSO”). The USMS is authorized to deputize CSOs to provide courtroom security for the federal judiciary. See 28 C.F.R. § 0.112 (c) (“The Director, United States Marshal Service, is authorized to deputize ... [sjelected employees of private security companies [to provide] courtroom security for the Federal judiciary....”).

Appellants are CSOs who, without an evidentiary hearing, have been medically disqualified for further service by the USMS. The USMS is the constructive…