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ROYSTER v. NJ STATE POLICE

A-1 September Term 2015.

152 A.3d 900 (2017)

227 N.J. 482

Brian ROYSTER, Plaintiff-Appellant, v. NEW JERSEY STATE POLICE and Joseph R. Fuentes, Defendants-Respondents, and Office of the Attorney General, Marshall Brown, Timothy Goss, Thomas Gilbert, Kenneth Rowe, Patrick Reilly, Alan Terpanick, Deborah Edwards, D.A.G., David Rosenblum, D.A.G., Alfred Ramey, A.A.G., Austin O'malley, Peter Van Iderstine, Stephen Serrao, William Lucas, Marshall Craddock, David Jones, and Mark Doyle, Defendants.

Supreme Court of New Jersey.

Decided January 17, 2017.

Attorney(s) appearing for the Case

Michael J. Reimer argued the cause for appellant.

Michael C. Walters, Assistant Attorney General, argued the cause for respondents (Christopher S. Porrino, Attorney General of New Jersey, attorney; Lisa A. Puglisi, Assistant Attorney General, and Ralph R. Smith, III, of counsel, Mr. Smith, Benjamin H. Zieman, Deputy Attorney General, and Laurel B. Peltzman, on the briefs).

In this appeal, we are called upon to determine whether the New Jersey State Police (NJSP), by waiting to assert the defense of sovereign immunity until a jury verdict was returned against it in this discrimination action, either waived through its litigation conduct or is estopped from asserting...

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