Fire Law Blog

A Florida firefighter-paramedic who was terminated after a cardiac related event in 2023, has filed suit alleging wrongful termination and disability discrimination. Michael Samuels filed suit today in US District Court for the Southern District of Florida against the Key Largo Volunteer Fire Department.

In this episode of Fire Law Roundup for April 1,2024, despite some initial April foolery, Brad and Curt discuss a $535k settlement of a California sexual discrimination suit; a ruling in a Nashville age and gender discrimination suit; more on the impending OSHA fire service regulations that have extended the comment period to June 21, ...

The Graton Fire Protection District has agreed to settle the gender discrimination claims of a former female firefighter for $535,000. Sapphire Alvarez filed suit claiming she was passed over for promotion, ostracized by her colleagues and unfairly targeted for discipline.

A lawsuit filed by a deputy fire marshal with the Nashville Fire Department claiming that she was passed over for promotion to fire marshal on account of her gender and age, and then retaliated against when she complained, has survived the city’s motion for summary judgment.

For those who have been following the proposed updated to 1910.156 that will be impacting the fire service when implemented, OSHA has announced that the deadline for submitting comments has been extended to JUNE 21, 2024. The previous deadline for submitting comments was May 6, 2024.

The US District Court for the Southern District of Georgia has refused to remand a former division chief’s whistleblower lawsuit back to state court. EMS Division Chief Summer Patterson filed suit against Bryan County Fire & Emergency Services and Fire Chief Freddy Howell claiming she was retaliated against and forced to resign after voicing her objection to the chief’s disciplinary decision making.

The fire chief of the Wading River Fire District who was removed by the district’s Board of Fire Commissioners last November, has filed suit alleging a violation of his statutory and constitutional due process rights. Fire Chief Kevin Berg was initially suspended and then removed as fire chief, all without notice of the reason for these actions, or an opportunity to respond.

The family of a man who was run over and dragged by a Georgia battalion chief at the scene of a shooting is suing the city for their emotional harm. Germayne Farrell was shot and killed in a shootout between rival motorcycle clubs, the Outcasts and Thug Riders.

In this episode of Fire Law Roundup for March 25, 2024, Brad and Curt discuss criminal charges brought against an Illinois firefighter for stealing drugs and breaking into a car at a firehouse; a ruling in a lawsuit brought by a Wisconsin captain who was demoted; problems in the UK with regards to a non-firefighter ...

An Illinois firefighter who broke into a vehicle at one Naperville Fire Department station, and stole drugs from the fire department’s prescription drug drop-box at a different station, has been arrested and formally charged with several offenses. Zachary Volland, 34, has been charged with burglary of a vehicle, theft, possession of a controlled substance, and official misconduct.

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.

As have many fire departments in the UK and Canada recently, the Dorset and Wiltshire Fire and Rescue Authority has been in the news relative to allegations of institutional racism and sexism. However, when questioned by Lee Anderson, a member of parliament, the chair of the Authority, Rebecca Knox, was unable to answer some relatively simple questions about the decision to label her organization “institutionally racist.”

The decision not to renew a fire chief’s contract has prompted a Massachusetts firefighter local to file an unfair labor practice complaint against the town. For those who are not familiar with labor relations, this is not a very common occurrence.

A federal court in California has dismissed several counts in a lawsuit filed against the City of Richmond and American Medical Response West over the death of a man, but will otherwise allow the case to continue. The suit was brought by the family of Ivan Gutzalenko, who died on March 10, 2021.

In this episode of Fire Law Roundup for March 18, 2024, Brad and Curt discuss charges against a Louisiana firefighter for setting a fire station on fire; a ruling by the Second Circuit upholding the city’s decision to rescind a civil service promotion against claims of disability and race discrimination; the dismissal of a suit ...

The Louisiana State Fire Marshal’s Office has brought arson charges against a firefighter for setting a hurricane-damaged firehouse on fire. Jamison Smith, 18, is charged with simple arson for the fire that destroyed the Iowa Volunteer Fire Department’s former main station.

An Albany fire captain who claims he wrongfully was denied a promotion to battalion chief following an off-duty incident, has lost his appeal to the US Second Circuit Court of Appeals. Captain Jeremy Clawson claims the City of Albany rescinded a civil service promotion he earned in 2019 on account of a disability and his race.

The US District Court for the Northern District of Georgia has dismissed a lawsuit brought by the mother of a man who died after exhibiting “excited delirium” and being sedated by DeKalb County Fire Rescue. Yvonne West brought suit against DeKalb County, a fire captain, four firefighters, and four police officers over the death of Jamon West in 2019.

A volunteer firefighter in New York is facing criminal charges for allegedly giving himself and family members credit for emergency responses they did not go to. James P. Burns, 27, is accused of entering false information into Cutchogue Fire Department’s electronic record-keeping system on September 30, 2023.

A Cincinnati firefighter has filed suit alleging she was sexually harassed, assaulted by a lieutenant and a firefighter, and retaliated against when she reported the misconduct. Rebecca Bryant filed suit today against the city, former Lieutenant Harold Wright, and firefighter Damonte Brown as defendants.