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Civil Suit

Too Many Fire Law Headlines

It is one of those days at Fire Law, where there are simply too many headlines to follow them all. So take your pick. Will it be the Everett, Washington firefighters that drove a drunk homeless man out of town and left him, or the Hartford lieutenant who assaulted a captain at a fire scene apparently because the captain disrespected him, or the Oregon firefighter who is charged with sexually assaulting a colleague while training last year in Texas, or whether CalFire is obligated to pay the PSOBP benefits to contract firefighter-pilots killed in air-tanker crashes.

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CA Supreme Court Rules Officer’s Personal Notes NOT Subject to Personnel File Disclosure

The Supreme Court of California has handed down an important decision interpreting the Firefighters Procedural Bill of Rights Act in regards to a firefighter’s right to know about negative comments entered into his personnel file. The case was brought by an Orange County firefighter who claimed that his captain had been keeping daily notes his performance in violation of a provision in the FPBOR Act.

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Edison IAFF Local 1197 Sued By Member for Race Discrimination

A black firefighter in Edison, New Jersey is suing his union for race discrimination over a grievance filed on behalf of two white firefighters that adversely affected him. Anthoney Robinson, claims that his hire date was changed without his knowledge as a result of a grievance filed by Edison Firefighters, IAFF Local 1197. The union claims the hire date was properly adjusted because Robinson was laid off soon after being hired in June, 2005.

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Virginia Firefighters Claim City Failed to Pay EMS Incentive

Eleven current and former firefighters from Winchester, Virginia have filed suit against the city and former Fire Chief Frank Wright claiming they were wrongfully denied thousands of dollars in incentive pay dating back to 2006. The lawsuit filed last Friday in Winchester Circuit Court is listed as a breach of contract action in the court file.

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Paterson Settles Equal Pay Dispute

The City of Paterson, New Jersey has settled the claims of three civilian fire inspectors who alleged the fact their compensation was less that uniformed fire inspectors violated state and federal law. James DiMaria, Samuel Gaita, and Michael Poventud accused the city of violating the New Jersey Wage Payment Act and the federal Employee Retirement Income Securities Act of 1974.

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Asiana Airlines Crash Suit Against SFFD Dismissed

The wrongful death suit against the San Francisco Fire Department arising out of the crash of Asiana Airlines Flight 214 in July, 2013, has been dismissed. The parents of 16 year old Ye Meng Yuan filed the suit last year. Yuan was allegedly written off as dead as SFFD began foam operations. The suit claimed that her body was struck by two San Francisco Fire Department vehicles.

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Patterson Settles Retaliation Suit With Dispatcher For $80k

A New Jersey dispatcher who sued the Patterson Fire Department in federal court over harassment he sustained after reporting misconduct by two firefighters has received an $80,000 settlement. Robert Connizzo claimed that co-workers harassed, assaulted, and retaliated against him for informing superior officers about a conversation he overheard on a recorded line.

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Jury Awards Indiana Medic $233,500 for Disability Discrimination

A fire department paramedic who was terminated after experiencing four diabetic low-blood sugar episodes at work over a two-year period, has prevailed on a disability discrimination suit in US District Court in Indianapolis. Kristine Rednour worked for the Wayne Township Fire Department as a paramedic from 2009 to 2011

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Suspended Hartford Deputy Chief Files Suit

A deputy chief from Hartford, Connecticut who was suspended for 30 days without pay last week, has filed suit against his fire chief, two other ranking officers, and the mayor alleging violations of his right to free speech. Deputy Chief Daniel Nolan filed suit today in Connecticut Superior Court naming Fire Chief Carlos Huertas, Interim Assistant Chief Scott Brady, Fire Marshal Roger Martin, Mayor Pedro Segarra.

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California Apparatus Collision Results in $15 Million Settlement

A 53-year-old California man who was severely injured when two fire trucks collided as he was waiting to cross the street, has agreed to settle his claims for $15 million. Kenneth Thai was waiting to cross the street on April 16, 2014 when a ladder truck from the Alhambra Fire Department collided with an engine from the Monterey Park Fire Department, causing the engine to strike Thai and continue into a restaurant.

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