CHIOFALO v. STATE

A-30 September Term 2018 081607.

213 A.3d 900 (2019)

238 N.J. 527

Sergeant First Class Frank CHIOFALO, a member of the New Jersey State Police (Badge No. 4772), Plaintiff-Appellant, v. STATE of New Jersey, Division of State Police of the State of New Jersey, and Department of Law and Public Safety, Defendants-Respondents, and Robert Cuomo and Joseph R. Fuentes, Defendants.

Supreme Court of New Jersey.

Decided July 16, 2019.


Attorney(s) appearing for the Case

George T. Daggett , Sparta, argued the cause on behalf of appellant (Law Offices of George T. Daggett, attorneys; George T. Daggett, on the brief).

Stephanie J. Cohen , Assistant Attorney General, argued the cause on behalf of respondents ( Gurbir S. Gewal , Attorney General, attorney; Melissa Dutton-Schaffer , Assistant Attorney General, of counsel, and Adam Robert Gibbons , Deputy Attorney General, on the briefs).

Alan H. Schorr , Cherry Hill, argued the cause for amicus curiae National Employment Lawyers Association of New Jersey (Schorr & Associates, attorneys; Alan H. Schorr, of counsel and on the brief).


Plaintiff, a then-member of the New Jersey State Police, filed a complaint under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, against his employer and certain supervisors. The sole issue in this whistleblower appeal is whether the trial court erred in not dismissing this matter in its entirety on summary judgment...

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