Spokane Captain Seeks $2.5 Million for Retaliation

A fire captain in Spokane, Washington who was terminated last Friday for threatening a subordinate has filed a $2.5 million claim against the department.

Captain Kevin Smathers claims that the fire department failed to protect him from retaliation by a subordinate lieutenant who he had previously turned in for driving a city vehicle while intoxicated and carry a firearm while intoxicated.

Smathers was suspended on May 1, 2013 following allegations that he threatened the lieutenant in emails as follows:

“You are a passive aggressive, cowardly little “man” who doesn’t have the guts to do the right thing. Everyone (HR, the Union, other investigators, etc.) know why you did what you did; purely out of revenge for my notifying the Admin about your being under the influence of alcohol and driving a City vehice TWICE, once while carrying a gun. And you’re worried about my driving code and safety issues with a gun. If that isn’t the pot calling the kettle black; I don’t know what is.”

“I have the resources and witnesses to prove all I need to,” read the email. “My mission for the remainder of my life is to pay you back for what you did. Everything I do will be legal and above board; but it will be incredibly painful and life changing for you. I am more motivated and focused on this than anything else I have decided to do in my life. I will not fail… but you will. You are the lowest, most deceitful human being I have ever known in my life. I plan on letting every person I know; what you did and why. Many already do. You are not a “little bastard”; you are just a little, cowardly, bad person (you aren’t even a man).”

The four month investigation resulted in Smathers’ termination on October 4, 2013.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

New Jersey Firefighter Alleges Race Discrimination and Retaliation

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.

FDNY Prevails in Trademark Case With Medic

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.