The fight continues!

On January 17, 2017, the New Jersey Supreme Court rendered its decision in my ongoing litigation with the New Jersey State Police.

Supreme Court of New Jersey.

BRIAN ROYSTER, Plaintiff-Appellant, v. NEW JERSEY STATE POLICE
and JOSEPH R. FUENTES,

075926

    Decided: January 17, 2017

JUSTICES LaVECCHIA, PATTERSON, FERNANDEZ-VINA, and TIMPONE join in JUSTICE SOLOMON's opinion. JUSTICE ALBIN filed a separate, partially CONCURRING and partially DISSENTING opinion, in which CHIEF JUSTICE RABNER joins.Michael J. Reimer argued the cause for appellant. Michael C. Walters, Assistant Attorney General, argued the cause for respondents (Christopher S. Porrino, Attorney General of New Jersey, attorney; Lisa A. Puglisi, Assistant Attorney General, and Ralph R. Smith, III, of counsel, Mr. Smith, Benjamin H. Zieman, Deputy Attorney General, and Laurel B. Peltzman, on the briefs).

In this appeal, we are called upon to determine whether the New Jersey State Police (NJSP), by waiting to assert the defense of sovereign immunity until a jury verdict was returned against it in this discrimination action, either waived through its litigation conduct or is estopped from asserting the defense of sovereign immunity.

Plaintiff Brian Royster filed a complaint against his employer, the NJSP, alleging several racial and disability discrimination claims. Plaintiff asserted that the NJSP failed to make reasonable accommodations for his disabling medical condition -- ulcerative colitis -– in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, and the federal Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101 to 12213. In addition, plaintiff complained of retaliatory conduct in violation of the LAD, ADA, and New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14.

At the close of plaintiff's case, the trial court categorically dismissed all of the LAD claims as precluded by CEPA's waiver provision, N.J.S.A. 34:19-8. Following summation, the jury returned a verdict in favor of plaintiff on the remaining ADA and CEPA claims. The NJSP subsequently moved for judgment notwithstanding the verdict, invoking sovereign immunity to bar plaintiff's ADA claim. The trial court denied the motion and found that defendant was estopped from asserting sovereign immunity after the jury's verdict.

The Appellate Division reversed, holding that sovereign immunity can be raised at any time, even after a trial has concluded. The panel also rejected the notion that the NJSP was estopped from asserting or waived the defense of sovereign immunity through its litigation conduct.

We agree with the Appellate Division that sovereign immunity precludes plaintiff's ADA claim. We conclude, however, that his LAD claim for failure to provide reasonable accommodations was improvidently dismissed. As a result, we reinstate the LAD claim and remand to the trial court with instructions to mold the jury's verdict and enter judgment on plaintiff's LAD claim in favor of plaintiff and against the NJSP in the amount of $500,000.

If you are interested in all of the facts, please view the attached article with the full details.

http://caselaw.findlaw.com/nj-supreme-court/1765832.html

To test or not to test? What is the best way to choose a leader?

Having spent 25 years in the New Jersey State Police (NJSP), it truly astounds me when disingenuous entities continually try to pull the wool over people's eyes. Most police departments utilize a formalized test to promote leaders. While I don't think it is always a great indicator, it does give a person a fair chance at getting promoted. This article speaks to the internal problems within the NJSP regarding its promotional system. It is my hope that they get this problem fixed before the adjoining lawsuits bankrupt the State of New Jersey.


http://www.nj.com/politics/index.ssf/2015/04/in_major_shift_nj_state_police_change_promotion_pr.html

The recent shooting in South Carolina is just an example of how much work that still needs to be done in the law enforcement profession. There is absolutely no excuse for this police officer's actions. (PERIOD). This should be the easiest murder trial in history. Let's see if the criminal justice system gets this one right.

http://www.nytimes.com/2015/04/08/us/south-carolina-officer-is-charged-with-murder-in-black-mans-death.html?_r=0

The fight is not over.

The Appellate court came back with its decision to overturn the jury's verdict. Personally, I don't understand our present judicial system, but I must abide by it. I have spoken with my attorney and we will be filing an appeal with the Supreme Court. This has been a very long process but I am patient. This was never about the money and I still feel vindicated. You can read the judges decision yourself.

http://www.nj.com/politics/index.ssf/2015/03/nj_troopers_1m_verdict_for_discrimination_retaliat.html

The is pure ignorance. People in other countries speak at least two languages fluently. There is no reason why these police officers, aka, paid servants can't learn a few Spanish phrases.

http://countercurrentnews.com/2015/02/mississippi-cops-angry-as-city-forces-them-to-learn-a-few-spanish-phrases/

What is going on in America?

http://countercurrentnews.com/2015/02/police-unarmed-african-american-mother-and-infant/

To sue or not to sue.

http://www.cnn.com/2015/02/18/politics/ferguson-justice-department-lawsuit/

As the U.S Attorney prepares to exit stage left, he is possibly attempting to leave a legacy regarding race relations and the law enforcement community. Is it a little too late?