Supreme Court of New Jersey

Nicholas Nicoletta, Plaintiff-Appellant v. North Jersey District Water Supply Commission of the State of New Jersey…

July 6, 197877 N.J. 145

Summary

The New Jersey Supreme Court reversed the Appellate Division, holding that a public employee‑at‑will who is removed from public service has a constitutional liberty interest that triggers Fourteenth Amendment due process, requiring a post‑termination hearing with adequate notice and opportunity to be heard. The Court ordered a hearing before the Commission and declined to reinstate Nicoletta or award back pay. Justice Schreiber dissented, arguing no liberty interest exists, while Justice Pashman concurred, emphasizing the need for a limited post‑termination hearing.