BATTAGLIA v. UNION CTY. WELFARE BD.


88 N.J. 48 (1981)

438 A.2d 530

THOMAS A. BATTAGLIA, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. UNION COUNTY WELFARE BOARD, AN ENTITY OF THE STATE OF NEW JERSEY, LEDA PERSELAY, BENEDICT LAGANGA, WILLIAM MERRITT, DEBRA GREENBERG, JACOB W. KROWICKI, JR., JEFFREY W. MACCARELLI, JOANNE RAJOPPI, ANTHONY RUSSO, AND ANTHONY AMALFE, ALL INDIVIDUALLY AND AS MEMBERS OF THE UNION COUNTY WELFARE BOARD, HARRY PAPPAS, INDIVIDUALLY AND AS CHAIRMAN OF AND AGENT FOR THE UNION COUNTY DEMOCRATIC COMMITTEE, AND UNION COUNTY DEMOCRATIC COMMITTEE, AN ENTITY CREATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 16, 1981.


Attorney(s) appearing for the Case

Bruce I. Goldstein argued the cause for appellant Union County Welfare Board (Saiber, Schlesinger, Satz & Goldstein, attorneys; Mr. Goldstein and William F. Maderer, of counsel and on the brief).

Yale Manoff argued the cause for appellant Leda Perselay, et al. (Weinberg and Manoff, attorneys).

Richard M. Thuring argued the cause for appellants Harry Pappas and Union County Democratic Committee (Spagnoli & Thuring, attorneys).

Robert H. Jaffe argued the cause for respondent (Jaffe & Schlesinger, attorneys).


The opinion of the Court was delivered by SCHREIBER, J.

The principal question presented in this case is whether the plaintiff, an attorney for a county welfare board, who was not continued in employment because of his political beliefs, was deprived of his First Amendment rights.

Plaintiff's verified complaint in lieu of prerogative writs sought to compel the defendant Union County Welfare Board (Board) to retain plaintiff...

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