BRIAN ROYSTER VS. NEW JERSEY STATE POLICE, ET AL.
A-3357-12T3
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.
