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The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey, its department of corrections, and three county employees of retaliating against a corrections officer due to his union activity. The federal appellate court found that a lower court judge dismissed the allegations prematurely.

In a nine-page opinion, the Third Circuit panel reversed U.S. District Judge William J. Martini's decision to dismiss Hudson County, the county corrections department, and department director Oscar Aviles as defendants in Luis Ocasio's case. The panel held that the jury could have found these parties liable for retaliation, as they did with Kirk Eady, the deputy director of the county corrections department.

"A reasonable jury could have found that Aviles was deliberately indifferent to Eady's violations of Ocasio's rights," which would constitute retaliation, the Third Circuit stated. "A reasonable jury also could have found that the defendants' revocation of Ocasio's 'full union release time' ... constituted an impermissible policy of retaliation."

The appellate court ordered a new trial on the retaliation claims against Aviles, Hudson County, and the Hudson County Department of Corrections.

"We are pleased that the Third Circuit righted this wrong by the district court," Ocasio’s attorney, Jeffrey D. Catrambone of Sciarra & Catrambone LLC, said in a statement. "We look forward to retrying this matter and a jury rendering a verdict as to the county defendants and director Aviles, so that they may be held accountable."

The initial trial resulted in a $662,000 jury verdict for Ocasio on claims that Eady wiretapped his phone and violated his free speech, freedom of association, and union rights by retaliating against him for his union activities.

Ocasio served as a corrections officer at the Hudson County Department of Corrections from 2000 to 2014 and was the president of Policemen's Benevolent Association Local 109 from 2010 to 2014. In 2014, he filed a lawsuit claiming that Eady extensively harassed him for his union activities, leading to his constructive discharge, while Aviles, the county, and the corrections department looked on.

Representatives of Hudson County, the Hudson County Department of Corrections, Aviles, and Eady did not immediately respond to requests for comment.

U.S. Circuit Judges Cheryl Ann Krause, Cindy K. Chung, and Marjorie O. Rendell presided over the Third Circuit panel.

Ocasio is represented by Charles J. Sciarra and Jeffrey D. Catrambone of Sciarra & Catrambone LLC.

Hudson County and the Hudson County Department of Corrections are represented by Edward J. Florio of Florio Kenny Raval LLP.

Hudson County Department of Corrections deputy director Kirk Eady is represented by Thomas R. Ashley of Ashley & Charles, John D. Gulyas of Barr & Gulyas LLC, and Peter R. Willis of Peter R. Willis LLP.

Hudson County Department of Corrections Director Oscar Aviles is represented by Bradley M. Wilson of Nowell PA.

The case is Ocasio v. County of Hudson et al., case number 23-1336, in the U.S. Court of Appeals for the Third Circuit.