Gattison v. Township of Irvington

Full title: MAURICE GATTISON, Plaintiff, v. THE TOWNSHIP OF IRVINGTON, et. al.…

Court: United States District Court, D. New Jersey

Civil Action No. 05-1759 (KSH).

Date published: Dec 31, 2007

Fact:

Plaintiff Maurice Gattison (“Gattison”), a police officer for the Township of Irvington, has sued the Township of Irvington, the Irvington Police Department, Police Chief Michael Chase (“Chase”), Sergeant Sharon Noel (“Noel”), Sergeant Amanda Koontz (“Koontz”), and Director Michael Damiano (“Damiano”) (collectively “defendants”), alleging they unlawfully retaliated against him for filing a report detailing possible police misconduct to his superiors. 

Issue:

CONCLUSION:

For the foregoing reasons, the Court grants summary judgment in favor of movants Koontz (docket entry # 50), Noel (docket entry # 52), Chase (docket entry # 53), and Damiano (docket entry # 55) as to as to Counts 1, 2 and 3 of the Complaint. The Court also grants, sua sponte, summary judgment on these counts as to the Township of Irvington and Irvington Police Department for the reasons discussed above.

The Court will not retain jurisdiction over Gattison’s NJ LAD, CEPA, civil conspiracy, or negligent hiring and supervision claims given its dismissal of the federal constitutional claims. A district court “may decline to exercise supplemental jurisdiction over a claim if . . . the district court has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c). Courts are within their sound discretion to dismiss state law claims when the federal law claims have properly been dismissed. 

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