Fire Law Blog

The mother of a Maui firefighter who died after being caught in a storm drain last year, has filed suit against his company officer claiming his decision-making led to her son’s death. Chelsie Evans filed suit in Maui County Circuit Court naming Fire Captain Scott Martin, and 10 unnamed defendants.

A federal court judge has ruled that former Cincinnati Fire Chief Michael Washington can only be removed for cause, and refused to dismiss his suit against the city of Cincinnati for what he alleges is a violation of his due process rights. Chief Washington was fired last year by City Manager Sheryl Long and Mayor Aftab Pureval.

The former fire marshal for the Bonita Springs Fire Control and Rescue District has filed a gender discrimination and retaliation suit. Janet Washburn filed suit in US District Court for the Middle District of Florida alleging violations of Title VII and the Florida Civil Rights Act.

The Phoenix Fire Department is facing a lawsuit by a civilian employee who claims she was misclassified into a lower-paid position and denied a promotion, on account of her race. Melissa Green filed suit claiming she performed duties that qualified her for a “User Tech” position, but was paid as an “Administrative Aide.”

The Second Circuit has upheld the suspension without pay, and in some cases the dismissal, of some 86 FDNY firefighters who refused to comply with the city’s vaccine mandate in 2021. The firefighters alleged that the city’s failure to bargain over the vaccine mandate, coupled with the failure to comply with the city’s normal disciplinary requirements, constituted a violation of their due process rights.

The mother of a 14-year-old boy with developmental disabilities has filed suit against the City of Burlington, Vermont accusing police and firefighters of racial bias, excessive force, and unnecessarily injecting her son with ketamine in an effort to subdue him in 2021. Cathy Austrian filed suit in Chittenden County Superior Court accusing the city of several state law violations.

In this episode of Fire Law Roundup for February 5, 2024, Brad and Curt discuss the settlement of two gender discrimination lawsuit by the Lincoln Fire Department in Nebraska; an appellate decision dismissing the claims of a kayaker injured during a rescue effort by an FDNY marine unit; the dismissal of a suit against FDNY ...

A Portland firefighter has filed suit seeking $1.2 million in damages for the race discrimination and retaliation he endured. Jason Wilson filed suit Multnomah County Circuit Court claiming he was denied promotions, given unequal training opportunities, and harassed on account of his race; and retaliated against after he complained.

The city of Lincoln has settled two gender discrimination suits brought by female firefighters totaling $900,000. The suits were brought by firefighter Amanda Benson in 2018 and Jessie Lundvall in 2022.

The Appellate Division of the New York Supreme Court has upheld the dismissal of a lawsuit brought by a kayaker who was serious injured during an FDNY marine rescue. Frank Marino Jr., 17, was kayaking in Jamaica Bay on May 30, 2014 when he capsized prompting an FDNY response.

A lawsuit filed by a former FDNY electrician accusing the city of discrimination and retaliation has been dismissed, accompanied by a blistering decision by the trial judge. Edward Pitre filed the action in 2018 alleging race discrimination, retaliation, and a violation of the Family and Medical Leave Act.

A Colorado fire lieutenant who was terminated for failing to comply with requirements associated with his return to duty following a DUI, has filed suit alleging disability discrimination and retaliation. Anthony Falbo filed suit in federal court naming the Poudre Fire Authority and the Poudre Valley Fire Protection District as defendants.

In this episode of Fire Law Roundup for January 29, 2024, Brad and Curt discuss a ruling by the US Seventh Circuit upholding the validity of the Madison Fire Department’s physical abilities test; the arrest of a Louisiana firefighter for impersonating a peace officer; a gender discrimination suit against a NY fire district; a ruling ...

The Seventh Circuit has upheld a physical abilities test used by the Madison Fire Department despite the fact it creates a disparate impact on female candidates. The suit was brought by Catherine Erdman, a Janesville firefighter who failed the Madison physical abilities test in 2014.

A volunteer firefighter in Louisiana is facing charges of impersonating a law enforcement officer after he entered two establishments wearing his fire department uniform and a gun, and identified himself as an arson investigator. Michael Shane Miller was arrested by the Beauregard Parish Sheriff’s Office following the January 12, 2024 incident.

The former fire chief of the Hagerman Fire District has filed suit against the district and its board of directors alleging gender discrimination, hostile workplace, and retaliation under state and federal law. Nicole Pannhurst filed suit in US District Court alleging violations of Title VII, New York’s Human Rights Law, and civil rights violations under 42 USC § 1983.

The US District Court for the Northern District of Illinois handed down a split decision on a disability discrimination case filed by a paramedic candidate for the Chicago Fire Department. Donna Griffin filed suit after the Chicago Fire Department concluded she was “not medically fit” due to the medications she was taking for adjustment disorder and insomnia.

A former FDNY firefighter who claims to have been sexually assaulted and racially discriminated against on his first day in the firehouse, has lost his latest legal battle. The US Second Circuit Court of Appeals has declined to overturn a jury verdict in favor of the city in a suit brought by Gordon Springs.

In this episode of Fire Law Roundup for January 22, 2024, Brad and Curt discuss a wrongful death sue brought against two firefighters and a city over the death of a homeless man who overdosed; the settlement of a wrongful death suit against the Chicago Fire Department for a missed DOA; a ruling by the ...

The estate of an Ohio man who died while being transported to the hospital, has filed suit against two fire department medics and the City of Middletown. William “Billy” Jeffreys died while being transported by a Middletown Fire Department ambulance from a city warming center to the Atrium Medical Center on March 7, 2022.