TOMS RIVER, N.J. — A former Ocean County Prosecutor’s Office investigator is pushing forward with a legal challenge over his firing, a case that now appears positioned to move toward trial-level court review after months of litigation tied to his dismissal.
Michael Proto, a former sworn investigator with more than 15 years at the Ocean County Prosecutor’s Office, filed suit in Superior Court seeking reinstatement, back pay and reversal of what he describes as an unjust termination.
The lawsuit, filed under New Jersey’s law governing disciplinary appeals for police officers and investigators, asks the court to conduct a de novo review — meaning a fresh review of the disciplinary findings that led to his removal from employment.
According to the complaint, Proto worked as a prosecutor’s investigator from September 2010 until his termination on Feb. 10, 2026.
Court filings state the Ocean County Prosecutor’s Office launched an internal affairs investigation that resulted in disciplinary charges against Proto.
After requesting a hearing, Proto appeared before a hearing officer selected and paid by the prosecutor’s office, according to the lawsuit.
The hearing officer ultimately upheld the disciplinary charges, leading to Proto’s dismissal.
Former Investigator Challenges “Just Cause” Finding
Proto’s lawsuit argues the termination violated New Jersey law because it allegedly lacked “just cause.”
The filing seeks reinstatement to his former position, reimbursement for lost wages, attorney’s fees and additional relief deemed appropriate by the court.
The case falls under a specialized section of New Jersey law allowing certain law enforcement officers to challenge disciplinary outcomes directly in Superior Court.
The complaint notes Proto was considered an “unclassified” Civil Service employee, meaning he allegedly lacked traditional Civil Service Commission appeal protections and instead pursued relief through the court system.
Attorney Peter B. Paris of Beckett & Paris, LLC filed the lawsuit on Proto’s behalf in Ocean County Superior Court.
Key Points
• Former Ocean County investigator seeks reinstatement after termination
• Lawsuit challenges disciplinary ruling tied to internal affairs investigation
• Case appears to be advancing toward trial-level court review
Case Centers on Prosecutor’s Office Discipline Process
The lawsuit does not publicly detail the underlying allegations that triggered the internal affairs investigation or disciplinary charges.
Instead, the filing focuses primarily on the disciplinary process itself and Proto’s claim that the outcome was legally improper.
The case was filed Feb. 17, 2026, in Superior Court of New Jersey, Law Division, Ocean County, under docket number OCN-L-000431-26.
Although no jury demand appears in the filing, de novo review cases can still involve extensive court proceedings, evidentiary review and testimony before a judge.
Recent court activity indicates the matter is continuing through the litigation process, signaling the dispute has not been resolved through dismissal or settlement.
As of the latest filings referenced in the case jacket, no final court ruling had been entered.
The Ocean County Prosecutor’s Office had not publicly responded to the allegations within the uploaded complaint materials, and the claims remain unproven in court.
Ocean County Prosecutor’s Office, New Jersey law enforcement discipline, employment lawsuit