Section 1983 claims pertain to retaliation that a person might experience for exercising constitutional rights against persons acting under color of law. A major difference between §1983 and CEPA has been that CEPA traditionally has only protected employees while §1983 protects “all persons” including independent contractors. This has now changed with the opinion in D’Annunzio v. Prudential Ins. Co. of America, — A.2d —-, 2005 WL 3789960 (App. Div. 2006). See infra.
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