Sunday, March 15, 2015
BRIAN ROYSTER VS. NEW JERSEY STATE POLICE, ET AL. A-3357-12T3
BRIAN ROYSTER VS. NEW JERSEY STATE POLICE, ET AL.
Plaintiff asserted claims under the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101 to 12213, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. We held that the doctrine of state sovereign immunity barred the ADA claim, even though defendants did not seek dismissal of the claim on this basis until they filed a motion for judgment notwithstanding the verdict. We also concluded that plaintiff's job responsibilities did not preclude him from asserting a CEPA claim and he presented sufficient evidence for the jury to consider this claim. But we reversed the judgment on the CEPA award and remanded for a new CEPA trial because the jury instructions were fatally flawed.