Brian Royster v. New Jersey State Police(075926)
152 A.3d 900
| N.J. | 2017Background
- Brian Royster, an NJ State Police (NJSP) officer with ulcerative colitis, alleged the NJSP refused to accommodate his need for restroom access after assignment to a surveillance unit.
- He sued on multiple theories (LAD, ADA, CEPA and others); the trial narrowed the case so the jury considered only CEPA retaliation and ADA failure-to-accommodate claims.
- At trial the jury found for Royster, awarding $500,000 on the ADA failure-to-accommodate claim (reduced by the judge to the ADA statutory cap).
- After the verdict, NJSP for the first time invoked sovereign immunity to bar the ADA claim and moved for JNOV; the trial court denied the motion, finding NJSP estopped from asserting immunity.
- The Appellate Division reversed, holding sovereign immunity can be raised at any time and NJSP had not waived or been estopped from asserting it.
- The Supreme Court affirmed that sovereign immunity bars the ADA claim, rejected waiver/estoppel arguments, but concluded the LAD failure-to-accommodate claim had been improvidently dismissed and remanded to mold the jury award to LAD relief ($500,000).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NJSP waived sovereign immunity by litigating ADA claim to verdict | Royster: prolonged defense and submission of ADA claim to jury amounted to waiver by litigation conduct | NJSP: merely defended state-law and federal claims; did not invoke federal forum or otherwise consent | No waiver; litigation conduct here did not constitute clear waiver of sovereign immunity |
| Whether NJSP is estopped from asserting sovereign immunity after verdict | Royster: belated assertion produced unfair litigation advantage; estoppel should apply | NJSP: no misrepresentation or affirmative assurance; plaintiff always knew NJSP was a state actor | No estoppel; equitable estoppel not appropriate against the State on these facts |
| Whether LAD failure-to-accommodate claim was properly dismissed as precluded by CEPA | Royster: LAD and ADA failure-to-accommodate claims are identical and were wrongly dismissed; CEPA waiver does not bar non-retaliation LAD claim | NJSP: CEPA waiver can preclude overlapping claims; plaintiff could have pursued LAD earlier | LAD failure-to-accommodate was improvidently dismissed; CEPA waiver did not bar it and it is reinstated |
| Remedy / damages: whether jury award can be preserved despite ADA dismissal | Royster: jury relied on same facts; award should be converted to LAD award without ADA cap | NJSP: sovereign immunity forecloses ADA recovery; LAD dismissal was plaintiff’s choice | Court molds judgment: ADA claim barred by sovereign immunity; remand to enter LAD judgment for $500,000 (jury amount, not subject to ADA cap) |
Key Cases Cited
- Alden v. Maine, 527 U.S. 706 (U.S. 1999) (states’ sovereign immunity as fundamental aspect of sovereignty)
- Bd. of Trs. of the Univ. of Ala. v. Garrett, 531 U.S. 356 (U.S. 2001) (Congress cannot abrogate state sovereign immunity under Title I of ADA)
- Lapides v. Bd. of Regents, 535 U.S. 613 (U.S. 2002) (state may waive immunity by purposeful litigation conduct such as removal to federal court)
- Allen v. Fauver, 167 N.J. 69 (N.J. 2001) (New Jersey requires a clear and unequivocal legislative waiver of sovereign immunity)
- Young v. Schering Corp., 141 N.J. 16 (N.J. 1995) (CEPA waiver applies only to causes requiring a finding of retaliatory conduct actionable under CEPA)
- Potente v. County of Hudson, 187 N.J. 103 (N.J. 2006) (LAD requires employer to reasonably accommodate a handicap)
- Victor v. State, 203 N.J. 383 (N.J. 2010) (elements and proofs for LAD failure-to-accommodate claims)