Civil Suit

The Hemet Fire Department is facing a lawsuit by the mother of a man who was killed in a vehicle accident last year. The fire department, along with the Hemet Police Department, are accused of failing to rescue Steven Collins Davis on January 27, 2023.

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A captain with the Phoenix Fire Department has filed suit in federal court alleging he was improperly denied 7.25 hours of overtime and then retaliated against for seeking the extra compensation. Captain David Johnson filed suit naming the city and five chief officers for violating FLSA and retaliating against him.

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The Missouri Court of Appeals has ruled that death benefits for volunteer firefighters should be based upon the average wages of “similar” career firefighters in Missouri, and not the value of the benefits received by “similar” volunteers. The case was brought by Susan Hayes, after the Missouri LIRC awarded her $40 per week in benefits following the death of her husband, Russell.

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A West Virginia fire lieutenant who was terminated after a series of off-duty altercations, has lost his appeal before the Intermediate Court of Appeals. Nicholas Graley was terminated by the City of South Charleston in 2020 following three separate incidents, each of which resulted in his arrest.

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The widow of a Los Angeles County firefighter killed in a house fire in 2022, has filed suit against the homeowner claiming that an illegal addition to the residence caused his death. Jennifer Flagler filed a wrongful death suit on behalf of herself and two minor children against Timothy Racisz.

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The California Court of Appeals has upheld a lower court ruling that a woman struck by a San Jose Fire Department wheel chock cannot recover because she failed to comply with the California Government Claims Act.

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A Florida district chief who was terminated in 2022, has been given one final opportunity to refile an amended complaint before his wrongful termination suit is dismissed. Palm Beach County District Chief Christopher DeVito claims he was wrongfully terminated ostensibly over a risqué texting relationship he had with a subordinate.

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A deputy chief in Georgia who was terminated in July, 2023, has filed suit claiming violations of the Family Medical Leave Act, disability discrimination, and retaliation. Deputy Chief Eric Phillips filed suit against Douglas County and the Douglas County Fire/EMS Department.

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A Houston firefighter assigned to the dispatch center as a Senior Communications Captain has filed suit claiming the city has failed to accommodate his sincerely held religious beliefs by requiring him to remain clean-shaven. Brandon E. O’Neal filed suit today in federal court naming the city, the Houston Fire Department and Fire Chief Samuel Pena as defendants.

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An Ohio man who claims he was assaulted and given Narcan unnecessarily by a fire chief, has filed suit against the chief personally seeking $4.5 million in damages. Jordan Aulizio filed suit against Kinsman Fire Chief Cory Van Kanegan claiming his civil rights were violated.

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The California Court of Appeals has upheld an award of $5 million in damages to a firefighter who was terminated in 2018. Timothy O’Hara was fired from the Liberty Rural County Fire Protection District after his relationship with Fire Chief Stanley D. Seifert deteriorated.

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An unusual lawsuit we covered earlier this year is back in the Fire Law headlines with a rather unusual twist: the defendants in the case are seeking a subpoena duces tecum against Google to help them identity of the source of harassing emails and online posts.

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A San Francisco firefighter who was critically injured when a city bus drove over a hoseline at a building fire, has lost his suit to hold the city and the bus driver liable. Matthew Vann suffered a traumatic brain injury and spent two weeks in ICU following the November 2, 2020 fire.

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The Louisiana Court of Appeals has upheld a lower court ruling in a promotional challenge case from the Kenner Fire Department. The case involves the fire chief’s decision to deny Joseph Sunseri a promotion to Assistant Fire Chief, following some difficulties he encountered while serving in the position during a “working test period”.

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