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Author Archives: cvarone

Use of Firefighter’s Photo In Sex Scandal Story Prompts Suit

A decorated Philadelphia firefighter is suing the New York Daily News claiming that in January when the paper was covering a major sex scandal in the Philadelphia Fire Department, it wrongly used his photo and name implying he was somehow involved. Francis Cheney II filed suit against the paper in Pennsylvania Court of Common Pleas on February 11, 2015. The case was removed to US District Court last week by the Daily News.

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Louisiana Chief Sues Over Threats

A Louisiana fire chief who was cooperating with federal authorities looking into financial improprieties associated with the previous administration has filed suit claiming his resignation last year was actually a constructive termination. Stanley Wajda served as the fire chief of the Hahnville Volunteer Fire Department for only six months. He resigned last July after receiving numerous threats from members he claims were loyal to the past fire chief.

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NY Town Sues Fire District Over Cell Tower

A fire district in New York is being sued by a town and a group of residents over the construction of a 150 foot cellphone tower on property at a fire station. The town of Warwick and several residents have filed suit to block construction of a proposed tower by the Pine Island Fire District

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Family Demands Criminal Charges in Philly LODD

Following the release of an internal investigation into the death of a Philadelphia firefighter in December, the firefighter’s family is speaking out demanding that criminal charges be filed against those in the department who were responsible. FF Joyce Craig was killed on December 9, 2014 at a basement fire where she was separated from her crew. She activated the emergency button on her radio but was not located for another 17 minutes.

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Family Seeks $11 Million from Glendale Firefighters for Assault

Here is a follow up to the story we covered last week with regards to the Glendale, Arizona firefighters who were disciplined for using excessive force against a man who assaulted them.The family of James Murillo has filed a multi-million dollar claim against the City of Glendale, Captain Sean Alford and Acting Captain Daniel Padilla, claiming the firefighters assaulted and verbally abused the mentally ill man last October.

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Denver Firefighter Claims ADA Violation For PTSD

A Denver firefighter has filed suit claiming the department’s handling of his post-traumatic stress disorder violated the Americans With Disabilities Act, and that the reaction of his officers to his military reserve commitment violated the Uniformed Services Employment and Reemployment Rights Act.

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IAFF Sues for Trademark Infringement

It is not often that we have the opportunity to discuss trademark law here at Fire Law Blog, but a lawsuit filed earlier this year by the International Association of Fire Fighters alleges trademark infringement as well as a variety of related claims. The IAFF filed suit last month against Rescue Tees.com, LLC and its owner, Theresa Meyer, alleging trademark infringement...

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Combative Patients and Self-Defense

Today’s burning question: My crew was on an EMS run and the patient took a swing at us. Can we hit him back to defend ourselves? Answer: You can defend yourself, yes. If striking the patient is necessary to defend yourself, then yes you can strike the patient without being liable for battery. However, you cannot strike the patient in retaliation for him swinging or striking you, nor can you strike the patient out of frustration… even if he swung first!!!

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Buffalo Fire Argues That Four Decades is Enough

In 1974, the US DOJ filed suit against Buffalo alleging the fire department’s hiring process was discriminatory. What followed was nearly forty years of court mandated hiring quotas overseen by Judge John T. Curtin. Now the city is seeking to end the court mandated hiring quotas and bring Judge Curtin’s role in hiring to an end...

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Michigan Firefighter Sues for Wrongful Termination

A Michigan firefighter who was terminated in 2014, is suing claiming his termination violates the Family Medical Leave Act, the Age Discrimination in Employment Act, and Michigan’s Elliot Larsen Civil Rights Act. Scott Rhodes was the Assistant Fire Marshal for the city of Dearborn. He was terminated on July 12, 2014 following a contentious divorce that spilled over into his work life...

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Fire Department Sued over Fatal Explosion

A fire department in West Virginia has been sued over a fatal natural gas explosion that claimed the life of a 13 year old girl. Hanna Mozingo was killed in an explosion that destroyed her home in Brooke County on October 11, 2013. Prior to the explosion, firefighters responded in the area for a smell of gas but cleared the scene prior to the 7:00 am blast.

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St. Pete Firefighters Sue MSA Over Cairns 1044 Helmets

Four St. Petersburg, Florida firefighters filed suit against Mine Safety Appliances and a local vendor earlier this month claiming that their Cairns 1044 fire helmets injured their necks and backs. They join firefighter Scott Crowell who filed the identical suit in 2013.

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YCMTSU Alabama: Medical Helicopter Cancellation

A man who was critically injured in an ATV accident in Alabama in 2013 has filed suit in federal court claiming a fire chief and a dispatcher were in part responsible his injuries because they cancelled a medical evacuation helicopter. That concludes the only normal sounding part of the complaint that Brian Lomanack filed Monday in US District Court for the Middle District of Alabama. Among his shocking YCMTSU allegations...

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