Maimone v. City of Atlantic City

Angelo Maimone (plaintiff) worked as a police detective for the City of Atlantic City (defendant). Maimone conducted investigations of prostitution and other sexually related offenses. In 2001, Captain William Glass told Maimone at a staff meeting not to initiate any new prostitution investigations unless they directly impacted citizens of Atlantic City. Sergeant Glenn Abrams, Maimone’s direct supervisor, also told Maimone to terminate all pending prostitution investigations. At the same time, Maimone’s access to files pertaining to prostitution investigations was restricted. Maimone complained to Abrams, but Abrams indicated that Maimone would never see the files again. At this point, no officers at the Atlantic City Police Department were involved in any investigations related to prostitution. Maimone sent a memo to Abrams regarding the files and sought a response from the chief of police. Abrams responded negatively. Later, Maimone complained about the city’s failure to enforce a law that prohibited sexually oriented business from operating within 1,000 feet of a church or school. A few days later, Captain Glass told Maimone he was “out of here” and reassigned him to patrol. The official reason given for Maimone’s transfer was that he had attended the wedding of a suspected organized-crime figure. Although, internal affairs had previously determined that Maimone’s attendance at the wedding was proper. In fact, Maimone’s supervisors had authorized his attendance for gathering intelligence information. As a result of being transferred to patrol, Maimone’s salary was reduced by 3 percent and he lost use of an unmarked police car. Maimone brought an action against the city under the Conscientious Employee Protection Act (CEPA). The trial court granted summary judgment in favor of the city. The appellate court reversed. The New Jersey Supreme Court granted certiorari.