Municipal Liability

ACLU Steps Up For NH Firefighter

A New Hampshire firefighter who was fired in 2015 over a Facebook discussion, just got some good news: the American Civil Liberties Union is taking up his cause. Alex Morin was terminated from the Farmington Fire Department days after he and another firefighter questioned the appropriateness of citizens posting incident related comments on Facebook.

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Narcan and EMS

Today’s burning question: Can a fire department that is not a licensed EMS provider equip its apparatus and train its personnel to carry and administer Narcan? Answer: Due to the opioid-crisis, most states are taking a rather unprecedented approach to Narcan by treating as an intervention that is in the nature of a first aid treatment that anyone can administer.

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FDNY Sued By Man Who Leaped From Ambulance

A man who leaped out of the back of a moving FDNY ambulance is now suing the city, FDNY and EMS personnel for his injuries. Yaugeni Kralkin, claims that EMS personnel did not do enough to restrain him as he was being transported to the hospital. Kralkin admits he had been drinking heavily.

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Jury Awards San Jose BC $800k For Retaliation

A jury has awarded a San Jose battalion chief $800,000 for retaliation, while ruling in favor of the city on identical claims by a former fire captain. BC Patricia Tapia and Captain Debra Ward sued the city in 2014 claiming they has been unlawfully retaliated against after settling a discrimination lawsuit in 2012.

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Are BCs Eligible for Overtime Under the FLSA

Today’s burning question: Are battalion chiefs considered to be exempt executives under the FLSA and not eligible for overtime? Answer: That is the key question in a recently filed suit out of Vancouver, Washington. Eight current and former Vancouver battalion chiefs are suing the department

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Stamford Fatal Christmas Fire Settlement Was For $6.65 Million

The Stamford Advocate is reporting that the recently settled lawsuit involving the City of Stamford over the fire on Christmas morning 2011 that killed five family members, involved a payment of $6.65 million to the plaintiffs. When the settlement was made public in May 2017, the amount of the settlement was confidential.

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Palo Alto Settles Motorcycle Accident Suit for $250k

The City of Palo Alto, California has settled a motorcycle accident suit that alleged firefighters wrongfully stopped their apparatus in the middle of the road in a non-emergency situation. Alexis Ferreira was injured on June 29, 2015 when she rounded a curve on her motorcycle, saw the fire truck, and crashed trying to avoid a collision

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Arkansas Fire Suit Headed for Trial

A lawsuit filed by property owners whose building in Nashville, Arkansas was demolished in 2010 after fire destroyed a neighboring building will finally be making its way to trial. Carl and Justin Johnson, who owned “Collectible Corner”, filed suit back in 2011 claiming city and fire department officials were responsible for the unnecessary destruction of their building.

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Lynchburg Facing Sexual Harassment Suit

The City of Lynchburg, Virginia is facing a sexual harassment lawsuit by a former female firefighter who claims she was subjected to a sexually hostile work environment culminating in her decision to resign in 2015. Ruth Anne L. Phillips alleges she was subjected to “unlawful employment discrimination and hostile work environment based on age, gender, sex, sexual harassment, assault, and retaliation."

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Fire Chief’s Conspiracy Suit Settles in PA

A lawsuit filed by a Pennsylvania fire chief accusing a borough, its former police chief and its former council president of conspiring to create false allegations and criminal charges has been settled. Fire Chief Daniel Smith accused former Upland Borough council president Ed Mitchell and former Upland Borough Police Chief Nelson Ocasio of fabricating a smear campaign against him.

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