Tag: Retaliation lawsuit

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

Actual Exercise of First Amendment Rights Required for Section 1983 Retaliation Claim

The Third Circuit Court of Appeals recently considered whether a public employee could be disciplined for his perceived exercise of First Amendment rights. In Heffernan v. City of Paterson, the appeals court held that the individual must provide some evidence that he or she actually exercised those constitutional rights in

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court Rules Commencement of Agency Appeal Does Not Estop Civil Retaliation Suit

In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive