Constitutional Rights

NY Chief Challenges Removal

The fire chief of the Wading River Fire District who was removed by the district’s Board of Fire Commissioners last November, has filed suit alleging a violation of his statutory and constitutional due process rights. Fire Chief Kevin Berg was initially suspended and then removed as fire chief, all without notice of the reason for these actions, or an opportunity to respond.

Court Refuses to Dismiss Due Process Demotion Case

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.

Another Assisting Police Lawsuit in the News

A federal court in California has dismissed several counts in a lawsuit filed against the City of Richmond and American Medical Response West over the death of a man, but will otherwise allow the case to continue. The suit was brought by the family of Ivan Gutzalenko, who died on March 10, 2021.

Court Dismisses Wrongful Death Suit Against DeKalb County Fire Rescue

The US District Court for the Northern District of Georgia has dismissed a lawsuit brought by the mother of a man who died after exhibiting “excited delirium” and being sedated by DeKalb County Fire Rescue. Yvonne West brought suit against DeKalb County, a fire captain, four firefighters, and four police officers over the death of Jamon West in 2019.

Cincinnati Fire Facing Sexual Harassment and Retaliation Suit

A Cincinnati firefighter has filed suit alleging she was sexually harassed, assaulted by a lieutenant and a firefighter, and retaliated against when she reported the misconduct. Rebecca Bryant filed suit today against the city, former Lieutenant Harold Wright, and firefighter Damonte Brown as defendants.

Two Michigan Fire Departments Dismissed From Lawsuit

Two Michigan fire departments who were being sued in federal court over an incident that led to the arrest of a homeowner, have been dismissed from the lawsuit. The Mount Pleasant City Fire Department and the Saginaw Chippewa Indian Tribal Fire Department have been dismissed from a suit brought by Rickie Lee Beilicki, Jr. back in 2023.

Colorado Medic and Police Officer Sued Over Death of Suicidal Man

The estate of a man who died while in police custody after suffering from a mental health emergency, has filed suit against a police officer and a fire department medic who restrained him. Kevin Dizmang died on November 15, 2022 after a failed intervention by the Colorado Springs Police Department Crisis Response Unit.

Connecticut PIO Sues Police for False Arrest and Malicious Prosecution

The Connecticut PIO who has charged with violating Joshua’s law on photo-taking by first responders, has filed suit against a police lieutenant, a Connecticut State Trooper and the Town of Montville alleging false arrest, malicious prosecution, abuse of process, intentional infliction of emotional distress, and civil rights violation actionable through 42 U.S.C. § 1983.

Judge Refuses to Dismiss Claims of Former Cincinnati Chief

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.

Second Circuit Upholds FDNY Vaccine Mandate From Due Process Claims

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.

Former Fire Chief Sues NY Fire District for $4 Million

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.

Ohio Chief Sued for $4.5 Million for Giving Narcan

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.

Iowa Fire Department at Center of Nativity Scene Controversy

An Iowa fire department that has hosted a nativity scene during the holidays for the past fifteen years, has found itself at the center of a First Amendment controversy about the separation between church and state. The Freedom From Religion Foundation requested the Mayor and City Council of the City of Toledo to remove a nativity scene from the front of the Toledo Fire Department’s station.

Firehouse Locker Search in Rhode Island Leads to Federal Suit

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

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