Constitutional Rights

PA Property Owner Sues Over Post Fire Demolition

The owner of a house in Wilkes-Barre, Pennsylvania is suing the city claiming it wrongfully ordered the demolition of the building three days after a fire last November. Melinda Deiter and her father, John Deiter, filed suit earlier this year claiming the city’s order to demolish the building was a violation of their due process and 4th Amendment rights.

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Philadelphia Captain Loses Race Discrimination Suit Over BC Test

A federal judge has dismissed a lawsuit filed by a Philadelphia captain who claims his test scores for promotion to battalion chief were tossed in retaliation for previous race discrimination claims he made. Captain James Williamson filed suit against the Philadelphia Fire Department last year claiming race discrimination and retaliation.

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NY Firefighter Alleges Anti-Union Discrimination

A career firefighter and union official with the Long Beach Fire Department has filed suit in federal court alleging he was terminated following a campaign of harassment directed at him by Long Beach volunteer firefighters. Brian McNamara claims he was assaulted, harassed and retaliated against by the volunteers, then terminated by the department on trumped up charges on account of his union activities.

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Ohio Firefighters Disciplined Over Christmas Photo

Seventeen Lancaster, Ohio firefighters – one entire shift - have been disciplined over a Christmas themed photo they posed for last fall that was later placed on a billboard. The firefighters were assigned to Crew 3, one of Lancaster’s three shifts.

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Brookline Firefighter’s Discrimination Suit Joined By Others

A Massachusetts firefighter who is suing his fire department and union for race discrimination, has been joined by two police officers and five other town employees who also allege race discrimination. Gerald Alston filed suit against the Town of Brookline, the Board of Selectmen, IAFF Local 950, and several others claiming race discrimination.

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Reverse Discrimination Alleged in FDNY Medical Officer Promotion

Two FDNY physicians have filed suit against the city claiming they were passed over for a promotion on account of their race and age. Both doctors are white and in their 60s. Dr. Mark Spadaro and Dr. Ann Marchesano have served as City Medical Specialists for FDNY since 2007. Both are board certified physicians and each have over 30 years of experience.

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Kansas State Council of Firefighters First Amendment Suit Continues

The Kansas State Council of Fire Fighters and former Hays Firefighters IAFF Local 2119 President Aaron Ditter have survived a motion to dismiss their federal lawsuit against the City of Hays, Fire Chief Gary Brown and Assistant City Manager Paul Briseno. The suit accuses Chief Brown and Briseno of violating the First Amendment by prohibiting Ditter from continuing to be a member KSCFF after his promotion to captain.

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NJ and Indiana Fire Departments Settle Discrimination Suits

Two settlements are in the fire law news today. In New Jersey, the Neptune Township Fire District No. 1 settled a race discrimination case filed by an African American firefighter who claims he was wrongfully denied additional compensation for extra duties and retaliated against when he complained.

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Chief Cochran’s Suit Survives Motion to Dismiss

A federal judge has refused to dismiss the lawsuit filed by former Atlanta Fire Chief Kelvin Cochran, who was terminated earlier this year by Mayor Kasim Reed. Reed was upset over a self-published book Chief Cochran authored about his religious beliefs that some consider to be critical of homosexuality.

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