Fire Law Blog

A captain with the San Antonio Fire Department has been suspended indefinitely for pointing a handgun at colleagues. Captain Rogelio Loredo admitted to waiving the pistol at two firefighters, but told investigators he was “just joking around.”

An EMT with FDNY who was terminated in April has filed suit claiming she is being discriminated against on account of a perceived disability. Giovanna Gonzalez filed suit claiming the city violated the Americans with Disabilities Act and the Americans with Disabilities Act Amendment Act.

A probationary firefighter with the Los Angeles City Fire Department who filed suit in 2020 contending his termination was retaliation for complaining about hazing and harassment, has agreed to dismiss his suit. Daniel Eble sued the city in Los Angeles County Superior Court alleging five state law employment violations.

Tonight I was going through the most recent court decisions available through my Lexis subscription, and after the fourth one realized there were striking similarities that go beyond the fact a fire department was mentioned in each. Each case was a lawsuit brought by someone who had been arrested by the police.

In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a lawsuit filed by a group of San Francisco firefighters fired for not complying with the vaccine mandate; a ruling upholding the termination of an Indianapolis firefighter who alleged a disability discrimination; a ruling dismissing a suit against the New Haven FD’s lottery system for tie breaking; OSHA citations against an Illinois FD following a Mayday bailout; and a new law in New York regulating photo-taking.

Twenty-one San Francisco firefighters who were fired for failing to comply with the city’s COVID19 vaccine mandate have filed suit alleging religious discrimination, failure to accommodate religious beliefs under California law, due process violations, and violations of their autonomous privacy rights. The suit was filed in San Francisco County Superior Court.

An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. Sanjiv Neal claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

A lawsuit filed by two unsuccessful candidates for the New Haven Fire Department has been dismissed. Tanisha Hill and Michael Terrell Banks filed suit last year alleging that the city’s decision to break a tie of 99 first place candidates by a lottery was illegal.

The State of New York is poised to adopt a new law that will make it a criminal offense to disseminate images of the victim of a criminal offense. The new law, referred to as the Grieving Families Act and/or Bianca and Caroline’s Law, is a new alternative to address an ongoing problem.

An Illinois fire department is facing eight OSHA citations following an investigation into a 2021 fire that resulted in three firefighters being hospitalized. The fire in a mixed commercial – apartment building in Beardstown led to a mayday and bailout by the three firefighters, each of whom fell approximately 21 feet.

In the episode of Fire Law Roundup for June 13, 2022, Brad and Curt discuss a sexual harassment case involving a volunteer fire department; a collective bargaining case on military leave; a discrimination suit by a firefighter over an interracial marriage; a unilateral change to a COVID sick leave policy; and the settlement of a LODD suit brought against the manufacturer of gas piping that ruptured starting a fire.

The widow of a Maryland firefighter who died at a house fire in 2018, has reached a settlement with the manufacturer of gas piping said to have been the cause of the fire. Nathan E. Flynn, a firefighter with the Howard County Fire Department, died on July 23, 2018.

The US DOJ has filed suit against town-village of Harrison and two fire departments within the town accusing them sexual harassment, gender discrimination, and retaliation. The suit stems for the treatment of former firefighter Angela Bommarito by the town, its police chief, and two fire companies.

The Appellate Division of the New Jersey Superior Court has ruled that the City of Newark must comply with an arbitrator’s ruling requiring the city to continue military leave benefits to deployed firefighters. That ruling essentially restores the city’s past practice that was put in place after 9-11.

A Houston firefighter who was accused of making a racially disparaging remark about black women, and retaliated against when it was discovered he was married to black woman, has filed suit alleging race discrimination and discrimination on account of his interracial marriage. Nicholas Dahl filed suit against the city and Houston Professional Firefighters.

Youngstown Professional Firefighters, IAFF Local 312, has filed suit against the City of Youngstown seeking an order compelling the city to arbitrate implementation of a change to quarantine procedures for COVID 19 exposures. The suit follows three years of labor-management discord resulting in over 45 grievances, and three unfair labor practices charges against the city.

In this episode of Fire Law Roundup for June 6, 2022, Paul Doughty joins Curt for a discussion of a sexual-harassment-suicide case out of Illinois; a firefighter guilty plea in a drug case out of Massachusetts; the filing of a race-discrimination suit out of California; and a ruling in favor of a fire department in a race discrimination suit out of Virginia.

A lawsuit filed by the husband of a firefighter who committed suicide allegedly due to work-related gender-based discrimination, has survive a motion to dismiss. Daniel Zaboroski filed suit last year as the executor for the estate of his wife, Nicole Hladik.

A former Malden, Massachusetts firefighter who stands accused of selling drugs to firefighter colleagues, has agreed to plead guilty. Joshua Eisnor is scheduled to appear in federal court later this month and plead to charges of conspiracy to distribute and possession with intent to distribute, controlled substances.

A California firefighter who filed three prior race discrimination lawsuits before being terminated last year, has filed a fourth suit. Vernon Creswell, who was a captain with the Montebello Fire Department until January 5, 2021, filed suit on May 9, 2022, alleging retaliation for his previous claims.