JOSEPH DIBUONAVENTURA VS. WASHINGTON TOWNSHIP, ET AL. (L-1435-13, GLOUCESTER COUNTY AND STATEWIDE) (A-0473-18T3)
The court holds that New Jersey's Constitution should be construed consistent with the federal Constitution in that a "class-of-one" equal protection claim cannot be asserted by a public employee. See Engquist v. Oregon Dep't of Agric., 553 U.S. 591, 594 (2008). Accordingly, the court affirms the dismissal of plaintiff's constitutional equal protection claim. The court also affirms the dismissal of plaintiff's claims under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, because those claims were precluded when he asserted retaliation as a defense in the administrative proceedings upholding his termination as a municipal police officer. Therefore, plaintiff cannot relitigate the retaliation issue in a CEPA action. See Winters v. N. Hudson Reg'l Fire & Rescue, 212 N.J. 67 (2012).
