An appeals court has reversed the dismissal of a former New Jersey police captain’s lawsuit claiming he was denied a promotion to police chief because of his affiliation and leadership roles in multiple police unions.

The U.S. Court of Appeals for the Third Circuit ruled Friday that former Millburn Township police captain Michael Palardy was exercising his First Amendment right to association through his involvement in the unions, and that a New Jersey district judge was wrong to dismiss the suit on grounds that Palardy was not engaged in constitutionally protected activity.