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THARPE v. CITY OF NEWARK POLICE DEPT.

261 N.J. Super. 401 (1992)

619 A.2d 228

JESSE THARPE, PLAINTIFF-APPELLANT, v. CITY OF NEWARK POLICE DEPARTMENT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1992.

Attorney(s) appearing for the Case

A.J. Fusco, Jr., attorney for appellant (Mr. Fusco, on the letter-brief).

Michelle Hollar-Gregory, Corporation Counsel, attorney for respondent City of Newark (James E. Walker, Assistant Corporation Counsel, on the letter-brief).

Robert J. Del Tufo, Attorney General, attorney for respondent Merit System Board (Joseph L. Yannotti, Assistant Attorney General, of counsel; Michael S. Bokar, Senior Deputy Attorney General, on the brief).

Before Judges BILDER, BAIME and WALLACE.

The opinion of the court was delivered by BAIME, J.A.D.

The issue presented is whether an arrest unsupported by a conviction disqualifies an individual from obtaining employment as a police officer. Jesse Tharpe appeals from the decision of the Merit System Board, removing him from the eligibility list for the title of police officer. The Board concluded that Tharpe's arrest seven years earlier for possession of a...

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