First Amendment

11th Circuit Rejects Cobb County Firefighter’s First Amendment Claims

The 11th Circuit has ruled that a firefighter who was disciplined for calling an elected official to complain about apparatus being out-of-service, was not engaging in protected speech. Cobb County firefighter Scott Millspaugh filed suit last year claiming his demotion was retaliation for his having called Commissioner Keli Gambrill.

First Circuit Upholds Discipline Against Firefighter Who Refused to be Photographed

The 1st Circuit Court of Appeals has ruled that a Massachusetts fire chief did not discriminate against a firefighter by requiring him to pose in his Class A uniform for an identification photo. Thomas Swartz filed suit claiming he was wrongfully disciplined by the Bourne Fire Department in 2016, in violation of his religious rights.

Judge Blocks Enforcement of Two Nashville Fire Policies That Limit Employee Speech

A Tennessee judge has issued a preliminary injunction barring enforcement of two Nashville Fire Department policies that regulate employee speech. The ruling came in a lawsuit filed by a firefighter who was suspended for calling the city council “white supremacists” in social media.

South Carolina Fire Captain Claims Anti-Police Social Media Post Was Protected Speech

A Columbia fire captain who was terminated after posting comments online that were critical of law enforcement following a shooting death of one of his relatives, is filing suit to get his job back. Captain Ameer Bagley was fired on April 10, 2020, just 3 days after the death of 17-year-old Joshua Ruffin.

NY Volunteer Alleges Dismissal Violates His Civil Rights

A volunteer firefighter in New York who was dismissed for allegedly missing three consecutive monthly meetings, has filed suit claiming First Amendment, due process and equal protection violations. Keith Davis filed suit in federal court naming the Commack Fire Department, the Commack Fire District, the fire chief, the executive board, and the fire commissioners as defendants.

Airport Firefighters Seek Injunction to Prevent Retaliation Over IAFF Censure

Nine members of IAFF Local 3217, the Metropolitan Washington Airports Authority Professional Firefighters, have filed suit against the Authority and three chief officers seeking an injunction to prevent retaliation against them for trying to bring to light safety related staffing concerns. The nine firefighters are the elected officers and executive board of the local.

Illinois Lieutenant Claims Retaliation

An Illinois fire lieutenant who claims he was retaliated against after reporting sexually harassing behavior in his department, has filed suit alleging retaliation, hostile work environment, and whistleblower violations. Steven Edwards filed suit against the Mount Prospect Fire Department, three chiefs and the HR Director.

Alabama Firefighters Claim City Retaliated Against Them For Filing FLSA Suit

A lawsuit filed by 91 Alabama firefighters who claimed the City of Gadsden was violating the FLSA, has been amended to accuse the city of retaliating against them for having brought the suit. The firefighters filed their original suit in May alleging the city miscalculated their regular rate, resulting in overtime underpayments.

Wisconsin IAFF Local President Fired Over Social Media Post

The president of a Wisconsin International Association of Firefighters local was terminated last week over a social media post that criticized understaffing over the Memorial Day weekend. Spencer Nett, president of IAFF Local 5026, was terminated by the Dells-Delton EMS Commission on August 4, 2022.

Georgia Firefighter Claims Whistleblower Retaliation Because He Testified in Support of Earlier Whistleblower

A Georgia firefighter who testified in a whistleblower retaliation suit brought by a colleague, has filed his own whistleblower retaliation suit claiming he was purposefully passed over for promotion. Jeffry Bird filed suit last month naming Fire Chief Wade Elmore and the City of College Park as defendants.

Cleveland Settles Claims With Former Battalion Chief for $990k

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.

Court Rejects Union Free-Speech Claim in Port Houston Discipline Case

A US Magistrate judge has recommend that a union free-speech lawsuit filed by six Port Houston firefighters be dismissed. The firefighters were disciplined in 2020 following an external investigation into allegations of harassment.

Nashville Firefighter Claims Discipline Over Sick Leave is Retaliation

A Nashville firefighter who is suing the city contending his earlier discipline violated his First Amendment rights, has been disciplined again resulting in him amending his original complaint to include retaliation. The complex case involves firefighter Josh Lipscomb, who is a comedian under the stage name Josh Black.

Idaho Firefighters Allege Right to Work Law Protects Against Discrimination of Union Officials

Two Idaho firefighters have filed suit claiming they are being harassed and discriminated against by their fire department in violation of the First Amendment and the state’s “right to work” law. Douwe De Boer and Klint Porter filed suit naming the Orchard Combat Training Center Fire Department, the State of ldaho, the ldaho Military Division, and four chief officers.

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