Orange employee's discrimination case tossed by federal court

City sought to keep lawsuit in federal court, but judge rules no longer any federal claims to decide

NEWARK, NJ – A federal judge in New Jersey has ruled that a lawsuit filed by former City of Orange Township employee Erica Nazario will return to state court after finding there is no longer a federal basis for keeping the case.

Nazario, who sued the city, several officials, and police personnel over claims including discrimination, retaliation, and civil rights violations, successfully moved to have her case remanded to Essex County Superior Court. U.S. District Judge Michael E. Semper granted the motion on Monday, concluding that the court lacked subject matter jurisdiction after Nazario removed the only federal claim from her complaint.

Key Points

Plaintiff removed her federal §1983 claim, leaving only state law causes of action
Judge ruled federal jurisdiction no longer exists and granted motion to remand
Case returns to Essex County Superior Court for further proceedings

Background of the case

Nazario originally filed her complaint in October 2022, alleging a wide range of misconduct by the City of Orange Township, the Orange Police Department, and several current and former officials, including Lt. Olivera, Louis Copeland, Christopher Hartwyk, and April Cruz. Her claims included false imprisonment, assault, discrimination, hostile work environment, and retaliation, among others.

The case was initially moved to federal court in 2024 after Nazario amended her complaint to include a civil rights claim under 42 U.S.C. § 1983, which gave the court federal question jurisdiction. However, after a May 2025 amendment removing that federal claim, all that remained were 17 state law causes of action.

Judge Semper: federal court no longer proper venue

In his March 2 ruling, Judge Semper cited federal statutes allowing plaintiffs to seek remand when the basis for federal jurisdiction no longer exists. The court determined that since Nazario’s latest complaint included only New Jersey state law claims, the case should proceed before a state judge.

The ruling effectively ends the City’s effort to litigate the matter in federal court. The case will now resume in Essex County Superior Court, where it began more than three years ago.

Tags: New Jersey, lawsuit, Orange Township

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