Chabal v. Reagan

Opinion OF THE COURT ALDISERT, Circuit Judge. The question for decision in this appeal is clear cut and straightforward: does the President of the United States have the power to remove a United States Marshal from office? Matthew Chabal, Jr., former Chief Marshal for the United States District Court, Middle District of Pennsylvania, was removed from office by President Reagan. Chabal filed a complaint in October 1985 against the United States, the Department of Justice, the United States Marshals Service, the President, and several other federal officials. He alleged that the President had removed him from his position as marshal in violation of the first and fifth amendments of the United States Constitution and the federal civil service laws. He sought declaratory relief, reinstatement, back pay, and damages. After remand from this court, Chabal v. Reagan, 822 F.2d 349 (3d Cir. 1987), the district court transferred one of Chabal's claims for money damages to the Court of Claims pursuant to the Little Tucker Act, 28 U.S.C. § 1346(a)(2), and dismissed the remaining claims for failure to state a claim on which relief can be granted, under Rule 12(b)(6), F.R. Civ. P. Chabal v. Reagan, 633 F. Supp. 1061 (M.D. Pa. 1986). Chabal appeals and we affirm.