Fire Law Blog

The Lynchburg Fire Department has prevailed in a gender discrimination and retaliation lawsuit filed by a former female firefighter. Master Firefighter Mary Lynn Shumate brought the suit claiming that she was demoted in 2022 in retaliation for filing a complaint alleging a hostile work environment and bullying.

A former Massachusetts firefighter who secretly video recorded female colleagues in the firehouse, has been sentenced to eight months in prison followed by two years of probation. Nicholas Tillman, 39, pled guilty to seven counts related to the 2022 discovery of cameras in an Easthampton Fire Department firehouse.

The Washington Court of Appeals has ruled against a former firefighter who was seeking workers compensation benefits for PTSD. Frank Shaw served as a firefighter-paramedic from 1989 to 2007 with Kittitas Valley Fire & Rescue, an entity that ultimately became Kittitas County Fire and Rescue.

In this episode of Fire Law Roundup for May 6, 2024, Brad and Curt discuss a suit filed by the families of three Baltimore firefighters killed in a building fire; a pink collar theft case in Pennsylvania; a civil action filed against a volunteer fire department and several firefighters alleging they conspired with police to ...

A federal magistrate judge has recommended that a lawsuit brought by a terminated IAFF union president, proceed although the fire chief should be dismissed from the case. The suit was brought by Michael Teague, who was terminated last year by the Pedernales Fire Department (Travis County ESD 8).

Today’s burning question: In a disciplinary investigation, can the lead investigator be the complainant on a case? I was under the impression that the investigator should not also be the complainant. Answer: The general rule is that neither the victim nor the complainant to an alleged disciplinary infraction should be assigned to investigate a disciplinary complaint.

The families of three Baltimore firefighters who died in a 2022 building fire have filed suit claiming the city’s failure to catalog and mark structurally compromised buildings caused their deaths. Lieutenant Paul Butrim, FF Kenneth Lacayo, and FF Kelsey Sadler were killed, and FF John McMaster was seriously injured in the January 24, 2022.

The treasurer of a volunteer fire department in Pennsylvania is facing criminal charges for stealing over $90,000 from the department. Patricia Susan Tuttle, 41, has been charged with forgery and theft by unlawful taking following a lengthy investigation by the Pennsylvania State Police.

A lawsuit accusing a volunteer fire department, two firefighters, three police officers, and two law enforcement agencies with assault, battery, false arrest, conspiracy, and a host of civil rights violations, has been removed to the US District Court for the Eastern District of New York. Steven Makowsky filed suit earlier this year in Nassau County Supreme Court.

In this episode of Fire Law Roundup for April 29, 2024, Brad and Curt discuss the appeal of an arbitrator’s decision to reduce the suspension of a Kansas City firefighter to three days for causing a triple fatal apparatus crash; the filing of a lawsuit by a New Hampshire firefighter who claims he was sexually ...

The City of Kansas City is appealing an arbitration decision that reduced the disciplinary penalty for the firefighter responsible for the 2021 triple-fatal apparatus crash to a three-day suspension without pay. Dominic Biscari was driving Kansas City’s Pumper 19, when it ran a red light, collided with an SUV, struck several parked cars, came to rest in a building, and in the process killed three people.

The Appellate Division of New Jersey Superior Court has upheld a ruling of the New Jersey Public Employment Relations Commission concluding that lieutenants can be included with firefighters in a collective bargaining unit. The case involved a challenge brought by the Borough of Carteret seeking to separate lieutenants from the rank-and-file firefighters.

The Massachusetts Civil Service Commission has granted the appeal of an applicant for the Brockton Fire Department, concluding that the city did not have proper grounds to bypass her last year. Yasmine Estrella was ranked fourth on the Brockton Fire Department’s hiring list established in 2021.

The US Department of Labor has announced changes to the executive, administrative and professional employees exemption, and more specifically - increases to the minimum salary that must be paid to white collar employees to qualify under these exemptions. These changes have been expected, although the specific minimum salary and dates of implementation were subject to some speculation.

In this episode of Fire Law Roundup for April 23, 2024, Curt reviews a $4.45 million settlement in an EMS restraint-related death in Sacramento; a race discrimination suit in New Jersey; the settlement of an overtime dispute between battalion chiefs and the city of Wilmington; a trademark suit involving FDNY; and a suit against an ...

A New Hampshire firefighter who resigned last December after enduring what he claims was years of sexually harassing comments and retaliation is now suing his former employer. Christopher R. Golomb filed suit against the City of Concord last month in Merrimack County Superior Court.

The City of Sacramento has agreed to settle a wrongful death suit with the family of a man who died while being restrained during an EMS response, for $4.45 million. Reginald “Reggie” Payne, 48, suffered a cardic arrest while being restrained by police, who responded at the request of firefighters.

A New Jersey firefighter is suing his department, the fire chief and a firefighter alleging violations of the state’s Conscientious Employee Protection Act due to race discrimination and retaliation. Michael Warren filed suit against the Hamilton Township, Fire Chief Christopher Tozzi and Ray Krajcsovics.

The City of Wilmington has agreed to settle an FLSA overtime suit brought last year by six current and former battalion chiefs for $459,695.36. The chiefs claim they were improperly classified as exempt executives.

The US Second Circuit Court of Appeals has handed down a ruling in favor of FDNY concluding that a trademark owned by an FDNY paramedic in the name of "Medical Special Operations Conference" cannot be enforce because it is descriptive.