Fire Law Blog

The Missouri Court of Appeals has ruled that the state’s Board of Mediation erred when it refused to consider a petition by IAFF Local 2665 to establish a bargaining unit for captains in the City of Richmond Heights. The board and a lower court concluded that the “Contract Bar Rule” prohibited Local 2665 from seeking to organize the captains.

The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

A former Oregon volunteer firefighter who filed and later dismissed a sexual harassment, whistleblower, and wrongful termination suit in 2021, has filed a virtually identical suit against the same parties. Amy Lenz filed suit against the Knappa Fire District and three district officials.

A Missouri firefighter who was terminated after being on disability leave for two years, has filed suit claiming disability and age-discrimination. David Horning filed suit against the Central County Fire and Rescue District, its fire chief and the chairman of the district’s board of directors.

A wrongful death lawsuit against the City of Portland and a city firefighter over the drowning death of a man who was being pursued by police, has been dismissed. Eric Cohen died on April 12, 2020 after he jumped into the frigid bay waters.

In this episode of Fire Law Roundup for November 27, 2023, Brad and Curt discuss a jury award of $250,000 to a former Houston firefighter against her former captain who shared an intimate video of her; a Minnesota city held in contempt of court for trying to start its own fire department; a ruling by ...

A Harris County jury has awarded a former Houston firefighter $250,000 in damages against her former captain for unlawfully sharing a nude video of her. Melinda Abbt filed suit against Captain John Chris Barrientes and the city, alleging sexual harassment and violation of a Texas law titled “Unlawful Disclosure or Promotion of Intimate Visual Material.”

A Minnesota judge has found the City of Orono to be in contempt of court for violating her earlier order in a suit brought by the City of Long Lake over the breach of a fire protection agreement. The two cities, along with the City of Medina, are parties to an agreement whereby the Long Lake FD would provide services to the 3 communities.

The Michigan Court of Appeals has ruled that a trial judge erred when he dismissed a wrongful death lawsuit brought against the City of Detroit by the husband of a woman who died in a crash with a responding DFD engine. India D. Sullivan died several months after the December 4, 2017 crash.

A nurse who was hired by a Missouri fire department in April, 2022 has filed suit claiming that sexual harassment forced her to request a reduction to part-time status in September, 2022 and resign in December, 2022. Christeena Ferguson filed suit alleging 3 counts of sexual harassment and discrimination against the Southern Jackson County Fire Protection District.

The State of Nevada has agreed to settle a lawsuit brought by eight inmate firefighters who claim they were mistreated while serving with the Nevada Division of Forestry. The suit was brought by the ACLU of Nevada and alleged the firefighters were subjected to cruel and unusual punishment.

In this episode of Fire Law Roundup for November 20, 2023, Brad and Curt discuss charges brought against an Indiana firefighter accused with impersonating a police officer; an Alabama firefighter who pled guilty to charges of stealing fentanyl from the fire department’s inventory;  a ruling in a complex wrongful death suit that questions whether a ...

An Indiana firefighter who claims he stopped to assist a motorist whose vehicle was damaged, has been charged with four felonies after he reportedly pointed a gun at the driver after being informed by dispatch the man was “wanted” and could be armed. Yorktown firefighter Derek J. Rains is charged of criminal confinement, criminal recklessness, pointing a firearm, and impersonation of a law enforcement officer.

An Alabama firefighter has pled guilty to charges of stealing fentanyl from the Dothan Fire Department, as well as twelve counts of computer tampering that he accrued after his drug-related arrest. Jesse Ryan Taylor accepted an 8-year sentence on state law charges.

A federal court has refused to dismiss a wrongful death lawsuit filed against a West Virginia firefighter and his fire department over the death of a couple at a fire scene in Ohio. William A. Reed, Jr. and Karolyn Reed died on April 29, 2021 at the scene of a mobile home fire when they were struck by a backing fire truck.

The president of Lancaster Professional Firefighters, IAFF Local 319 has filed a class action lawsuit claiming that the city has failed to include longevity pay in the regular rate for purposes of calculating overtime compensation. Geoff L. Stone is seeking to recover damages for the unpaid, improperly calculated overtime compensation.

A former Denver firefighter who claimed the department’s handling of his disability claim violated the Americans With Disabilities Act, and that his subsequent resignation constituted a constructive discharge, has lost his appeal to the Tenth Circuit Court of Appeals. David Perez filed suit in 2021 claiming disability discrimination, race discrimination, national origin discrimination and retaliation under both federal and state law.

In this episode of Fire Law Roundup for November 13, 2023, Brad and Curt discuss an investigation report into financial problems with fire companies in Jefferson Parish, Louisiana who are accused of misusing $8.5 million in taxpayer funds; the filing of a suit by the widow of a Buffalo firefighter killed in a building fire ...

The Office of Inspector General for Jefferson Parish, Louisiana, has issued a report that identified $28 million in questionable spending by volunteer fire companies, including $8.5 million that the OIG concluded was misspent. The report covers a ten-year period between 2013 and 2023, and goes on to recommend some major changes, including the consolidation of fire districts and volunteer fire companies.

The widow of a firefighter who died in a building fire last March, has filed suit against the building’s owner, a contractor, and the City of Buffalo. Sarah-Elizabeth L. Tierney filed suit in Erie County Supreme Court naming JP Contracting of WNY, LLC., 743 Main Street, LLC., and the city as defendants, accusing them of negligence and wrongful death.