First Amendment

FDNY Firefighter Claims Retaliation for Exercising Free Speech Rights

An FDNY firefighter who claims he was retaliated against after raising concerns about a suggestion he might be required to turn hose streams on protestors, has filed suit against the city and six ranking officers. Omar Wilks filed suit contending he was disciplined, transferred and demoted for exercising his First Amendment rights to voice his concerns.

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LAFD Investigating Captain’s Vaccine Rant

A Los Angeles City fire captain is under investigation for a social media rant about the city’s new COVID19 vaccine mandate. Captain Cristian Granucci posted the video on YouTube yesterday condemning the city for enacting it and the union for being in "lockstep with total tyranny."

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Suit Claims Lake Mohave Ranchos Fire District Retaliated

A woman who was terminated from an administrative manager position with an Arizona fire district has filed suit against the board, three board members, and a former fire chief alleging retaliation and disability discrimination. Karen Jackson filed suit in federal court naming the Lake Mohave Ranchos Fire District.

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Massachusetts Chief Prevails in First Amendment Photo Case

A lawsuit brought by a Massachusetts firefighter unhappy with the fire chief for requiring his photo to be taken, has been dismissed. Thomas Swartz, a now-retired firefighter-paramedic with the Borne Fire Department, claims Fire Chief Norman Sylvester ordered him to pose for a photo, and suspended him without pay when he refused.

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Fired Georgia Chief Sues Over Intercepted Electronic Communications

A Georgia fire chief who was terminated last year after refusing to resign, has filed suit naming the City of Monroe, the city manager and the police chief as defendants. Fire Chief William Owens filed suit accusing the city of violating his constitutional rights, illegally intercepting electronic communications in violation of Georgia law, whistleblower retaliation, and invasion of privacy.

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Wisconsin Firefighter Claims Termination Violates First Amendment

A Wisconsin firefighter who was terminated last year after he complained about the way he was treated by local police officers, has filed suit alleging his punishment violated his First Amendment rights. Matthew Donahue filed suit against the Village of Elm Grove, three chief officers, and the Police and Fire Commission.

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Massachusetts Chief Loses First Amendment Suit

A lawsuit filed by a former Massachusetts fire chief who was terminated in 2019, has been dismissed by the US District Court for the District of Massachusetts. Ernest J. Cardillo, Jr., was terminated by the Town of Stockbridge on February 5, 2019.

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Virginia Captain Claims Political Retaliation

A Lynchburg fire captain has filed suit against the fire department, the city, and three city officials claiming breach of contract and a violation of his First Amendment rights. Martin Misjuns filed suit last week in the Circuit Court for the City of Lynchburg. Named in the suit are Mayor Mary Jane Tousignant Dolan, Vice-Mayor Beau Wright, and City Manager Reid Wodicka.

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Colorado Firefighter Loses Wrongful Termination Suit

A Colorado firefighter who was fired two days after organizing a meeting of firefighters to discuss complaints about management, has lost his wrongful termination lawsuit. Chad Sells was fired by the Upper Pine River Fire Protection District on July 18, 2017.

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New York Firefighter Alleges Harassment and Retaliation

A volunteer firefighter with the Lakeview Fire Department in New York has filed suit in federal court alleging a variety of civil rights violations and state law claims against what the complaint describes as "a cabal comprised of officers and publicly elected officials of the Lakeview Fire District and Lakeview Fire Department."

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Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

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Fire Law VLOG: March 8, 2021

In this edition of Fire Law VLOG, Curt discusses toxic employees, a new discount available to attendees of the FLSA program, and several cases in the fire law headlines.

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Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

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