Municipal Law, Employment Law
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Case Details
Successfully obtained dismissal of a lawsuit challenging the termination of a probationary police officer in Wayne Township who failed a drug test. The court ruled that probationary officers are not entitled to a disciplinary hearing or Superior Court review under state law.
Additional Notes
Judge Rudolph Filko, sitting in state Superior Court in Paterson, ruled that the township was justified in firing Eric Lougheed because, under state law, probationary police officers are not entitled to the same removal protections as permanent officers. Passaic County Assignment Judge Rudolph A. Filko agreed with the Township’s argument that plaintiff was a probationary police officer appointed under N.J.S.A. 52:17B-69(a). Judge Filko found that N.J.S.A. 40A:14-147 “clearly and unambiguously only applies to ‘permanent members or officers of the police department.'”