Due Process

Kentucky Court Concludes Board Member Testifying and Voting Violates Due Process

A Kentucky court has concluded that a fire district board member who served as an adverse witness against an accused firefighter in a disciplinary proceeding, violated the firefighter’s due process by participating in deliberations and the adjudication decision.

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.

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.

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.

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.

Court Upholds Award of $5 Million to Terminated California Firefighter

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.

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.

Wrongful Death Suit Against Maine City and Firefighter is Dismissed

A wrongful death lawsuit against the City of Portland and a city firefighter over the drowning death of a man who was being pursued by police, has been dismissed. Eric Cohen died on April 12, 2020 after he jumped into the frigid bay waters.

Former Chief Grieves Refusal to Reinstate to Prior Rank

A former fire chief in Florida is seeking to be reinstated to the department as a battalion chief. Scott Bullard was the fire chief for St. Johns County. He claims when he decided to resign as fire chief earlier this month, he was told by Interim County Administrator Joy Andrews that he would be allowed to return to his previous position as a battalion chief.

Colorado Union President Challenges Termination

The union president of IAFF Local 3214 has filed suit in federal court alleging the Mountain View Fire Protection District fired him in retaliation for his union activities, and did so in a way that violated his Constitutional Rights. Benjamin Carter was fired on March 21, 2023.

Court Dismisses Wichita Captain’s Federal Claims

A Wichita fire captain who sued the city alleging race discrimination and retaliation, has had his federal claims dismissed. Captain Mark Jordan will now have to decide whether to proceed in state court on two state law counts.

Oregon Fire District Faces $20 Million Suit by Fired Chief

The Columbia River Fire & Rescue is facing a $20 million lawsuit filed by recently fired Fire Chief Joel Medina. The suit filed in US District Court for the District of Oregon names the fire district, four members of the fire district board, IAFF Local 3215 St. Helen’s Professional Fire Fighters Association, and several current and former officers of Local 3215.

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