Constitutional Rights

A federal court in Texas has refused to dismiss a lawsuit filed by a homeless man who was beaten by a Dallas firefighter in 2019. Kyle Vess filed suit against the City of Dallas and firefighter Brad Cox alleging a violation of his civil rights under 42 USC § 1983.

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Twenty-one San Francisco firefighters who were fired for failing to comply with the city’s COVID19 vaccine mandate have filed suit alleging religious discrimination, failure to accommodate religious beliefs under California law, due process violations, and violations of their autonomous privacy rights. The suit was filed in San Francisco County Superior Court.

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An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. S.N. claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

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A Houston firefighter who was accused of making a racially disparaging remark about black women, and retaliated against when it was discovered he was married to black woman, has filed suit alleging race discrimination and discrimination on account of his interracial marriage. Nicholas Dahl filed suit against the city and Houston Professional Firefighters.

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A former Cleveland battalion chief who claims he was retaliated against based on the mistaken belief he leaked information to a reporter in 2013, has settled a federal court lawsuit with the city for $990,000. Battalion Chief Sean DeCrane claims he was passed over for promotion and retaliated against by city officials who believed he leaked information about former Fire Chief Daryl McGinnis’ lack of training.

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The Fifth Circuit Court of Appeals has upheld the conviction of a man sentenced to forty-years in prison for stabbing a firefighter at a fire scene in 2014. Kirk Ross Engle was convicted of stabbing Yorktown, Texas firefighter Brian Smolik.

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A California firefighter who was demoted from probationary captain to firefighter engineer, has filed suit alleging race discrimination, retaliation, constructive termination, emotional distress, and FMLA violations. JuDon Cherry, who identifies himself in the complaint as an “African American male”, filed suit against the Contra Costa County Fire Protection District.

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A federal court judge has refused to dismiss a wrongful death - civil rights lawsuit against the City of Portland and a firefighter, brought by the family of a man who drowned in 2020. Eric Cohen died on April 12, 2020 after he fled from police and jumped into the frigid bay waters.

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A Rhode Island firefighter who was terminated after exhausting his accrued sick leave, has lost his federal court lawsuit alleging breach of contract, whistleblower violations, and a violation of his First Amendment rights. Fred Melnyk was a firefighter for the Town of Little Compton prior to his termination in 2019.

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A US District Court judge has issued an preliminary injunction ordering the city of East Chicago, Indiana to return its firefighters to a 24-48 schedule. Judge Simon concluded that Mayor Copeland forced the firefighters to a schedule in retaliation for supporting an opposing candidate in violation of their 1st Amend. rights.

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A civil rights lawsuit against the City of Vallejo, the Vallejo Police Department, several police officers and a fire captain has been dismissed as to the fire captain. The suit arose out of a 2019 tasing incident of a 71-year old man who ignored a police officer's commands

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A wrongful death lawsuit filed against Miami-Dade Fire Rescue has been remanded back to state court by the US District Court for the Southern District of Florida after the federal claims were dismissed. The lawsuit was filed last year by the family of Gustavo Beaz, who died in 2019.

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The family of an Oregon woman who died of COVID in 2020, has filed suit against the fire department and several firefighters claiming their refusal to treat and transport the victim led to her death. Teresa Vaughn died on December 26, 2020, hours after firefighters from the Klamath County Fire District No. 1 suggested her domestic partner drive her to the hospital.

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A US magistrate judge has recommended that a lawsuit against the West Metro Fire District and several firefighters be dismissed. The lawsuit brought by Jeremiah Axtell claimed that firefighters and police officers violated his rights by restraining him, and later injecting him with ketamine.

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