Judge rules Wayne was justified in firing cup over drug test results
By: Philip DeVencentis
NorthJersey.com
USA Today Network - New Jersey
WAYNE - A first-year police officer who was terminated in January [2025] for allegedly failing a drug test has lost his bid tor return to work after a judge tossed his appeal of the township's decision.
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Judge Rudolph Filko, sitting in state Superior Court in Paterson, ruled that the township was justified in firing Eric Lougheed because, under state law, probationary police officers are not entitled to the same removal protections as permanent officers.
..... Lougheed, 26, was sworn in as a police officer in June 2024. he was still working toward a permanent appointment when he allegedly violated the Police Departments drug-testing policy.
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A January 30 [2025] letter from the township administrator to Lougheed's home address to notify him of the termination stated that he had tested positive for cocaine. Frank Cioffi, an attorney for Lougheed, then field an appeal on his behalf. The former police offer claimed hat the discipline charge was wrongly imposed and that he should be able to tell his side of the story in court.
..... But the judge in a four-page opinion, dismissed that appeal with prejudice - meaning the case is closed and cannot be refiled.
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"Removal or suspension of a police officer is regulated" by state law, Filko wrote, "which clearly and unambiguously only applies to 'permanent members or offices of the police department." Furthermore, he added, the statute on which "Plaintiff relied in seeking this court's review fails to extend that regulation to probationary police officers."
..... Cioffi did not respond to an inquiry about the court ruling.
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Township Attorney Matthew Giacobbe said on September 15 [2025] that he was pleased with the judge's decision. The ruling recognizes that first-year police officers are probationary employees who ca be lawfully terminated "for transgressions, without the need for formal disciplinary hearings," he added.
..... "Based on this ruling," Giacobbe said, "Wayne Township will continue to employ only the most qualified individuals to serve as law enforcement officers."