First Amendment

Court Upholds Termination of Boston Firefighter

A Massachusetts judge has rejected the appeal of a Boston firefighter who was terminated over a series a racist and homophobic social media posts. Octavius Rowe, a 15-year veteran, was fired by the Boston Fire Department on April 30, 2018 following a lengthy investigation.

Captain Demoted Over Social Media Posts Sues Nashville for $2 Million

A Nashville fire captain who was demoted last August over social media posts, has filed suit claiming thes posts were protected by the First Amendment. Captain Tracy Turner filed suit in US District Court for the Middle District of Tennessee alleging a single count of a First Amendment violation

Ketamine Injection Leads to Lawsuit in Colorado

A Colorado man is suing firefighters and police officers responsible for administering the sedative ketamine during an encounter last year. Jeremiah Axtell filed suit last week naming the Lakewood Police Department, West Metro Fire District and numerous individual officers and firefighters.

Colorado Wrongful Termination Suit Settled

A wrongful termination lawsuit filed last June by a Colorado deputy chief has been settled. Deputy Chief Kevin Ratzmann sued the Los Pinos Fire Protection District alleging violations of the First and Fourteenth Amendments, retaliation, wrongful termination, breach of contract and promissory estoppel.

FDNY Coverup Suit Dismissed

A lawsuit accusing FDNY of covering up the cause of a fire that claimed the life of a firefighter in 2018, has been dismissed. Fire Marshal Scott P. Specht claimed his bosses ordered him to falsely attribute the cause of a fire on the set of a Bruce Willis movie to a boiler, and retaliated against him when he refused to go along.

Texas Firefighter Recruit Loses Retaliation Suit

A Texas firefighter recruit who was injured and resigned from the fire academy, has lost a civil rights lawsuit contending he was forced to resign in retaliation for his exercise of his First Amendment rights. Bryce Baker filed suit earlier this year against the City of Arlington alleging he was harassed and badgered into resigning.

Colorado Fire Department Investigating Facebook Post

The Aurora Fire Department is investigating allegations that a social media post by a ranking officer was inappropriate and racially offensive. The post reportedly depicted a man in military attire and stated ““This is what a HERO looks like…unlike the whiny pathetic professional athletes that think they are special.”

Sixth Circuit Upholds Firing of Nashville Dispatcher For Racial Slur on Facebook

The US Sixth Circuit Court of Appeals has upheld the termination of a Nashville dispatcher for the use of a racial slur in a Facebook post on election night, 2016. Danyelle Bennett was fired the Metropolitan Government of Nashville over the post she made while off duty.

Suit by Political Activist Against Fire Chief and City is Dismissed

A lawsuit filed against a fire chief, a fire marshal and a Tennessee city by a political activist who was defeated in a 2018 election, has been dismissed. Chris Spencer unsuccessfully ran for an Alderman’s position for the City of Hendersonville. He claims Hendersonville Fire Chief Scotty Bush and Fire Marshal Paul Varble used city time and resources to help defeat him.

Houston Chiefs Prevail in Suit Brought By A District Chief

The dismissal of a lawsuit brought against two ranking chief officers of the Houston Fire Department by a district chief over a social media post has been upheld by the US Fifth Circuit Court of Appeals. District Chief Steven Dunbar filed the federal court action pro se after he was suspended and transferred for a social media post.

Federal Appeals Court Refuses To Block FDNY Enforcement of AirBNB Law

The US Court of Appeals for the Second Circuit has refused to enjoin FDNY and the New York City Department of Buildings from enforcing New York Multiple Dwelling Law § 121, commonly referred to as the "AirBNB Law." The law restricts property owners from advertising the use of a “Class A Multiple Dwelling” for non-permanent (transient) residential purposes.

Oregon Fire District Employee Claims Retaliation

An executive assistant who was fired last year by an Oregon fire district has filed suit claiming she was the victim of retaliation for exercising her 1st Amendment Rights and whistleblowing. Linda Hedlund filed suit last week against the Banks Fire District 13 and Fire Chief Rodney Linz.

Minnesota Medic Claims Whistleblower Retaliation

A Minnesota paramedic who resigned last year has filed suit in federal court alleging he was retaliated against for reporting the falsification of EMS training attendance records and because he refused a police sergeant's direction to administer ketamine to a patient. Joseph Paul Baker filed suit last week naming the City of Woodbury, the fire chief and two fire commanders.

Latrobe Firefighters Sue City and Chief

Five members of a volunteer fire company in Latrobe, Pennsylvania have filed suit claiming their suspension and subsequent expulsion violated the First and Fourteen Amendments of the US Constitution. The suit names the City of Latrobe, Mayor Rosemarie M. Wolford, the Latrobe Volunteer Fire Department, Fire Chief John Brasile, and LVFD President Charles McDowell, Jr.

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