Municipal Liability

The mother of a 14-year-old boy with developmental disabilities has filed suit against the City of Burlington, Vermont accusing police and firefighters of racial bias, excessive force, and unnecessarily injecting her son with ketamine in an effort to subdue him in 2021. Cathy Austrian filed suit in Chittenden County Superior Court accusing the city of several state law violations.

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The city of Lincoln has settled two gender discrimination suits brought by female firefighters totaling $900,000. The suits were brought by firefighter Amanda Benson in 2018 and Jessie Lundvall in 2022.

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The former fire chief of the Hagerman Fire District has filed suit against the district and its board of directors alleging gender discrimination, hostile workplace, and retaliation under state and federal law. Nicole Pannhurst filed suit in US District Court alleging violations of Title VII, New York’s Human Rights Law, and civil rights violations under 42 USC § 1983.

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The US District Court for the Northern District of Illinois handed down a split decision on a disability discrimination case filed by a paramedic candidate for the Chicago Fire Department. Donna Griffin filed suit after the Chicago Fire Department concluded she was “not medically fit” due to the medications she was taking for adjustment disorder and insomnia.

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In this episode of Fire Law Roundup for January 22, 2024, Brad and Curt discuss a wrongful death sue brought against two firefighters and a city over the death of a homeless man who overdosed; the settlement of a wrongful ...

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The estate of an Ohio man who died while being transported to the hospital, has filed suit against two fire department medics and the City of Middletown. William “Billy” Jeffreys died while being transported by a Middletown Fire Department ambulance from a city warming center to the Atrium Medical Center on March 7, 2022.

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The City of Chicago is poised to settle a wrongful death suit involving a mistaken DOA for $5 million. The lawsuit involves the death of Whitfield Marshall in 2019.

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The dismissal of a lawsuit filed by volunteer firefighter who was injured while preparing for a drill competition, has been upheld by the Appellate Division of the New York Supreme Court. The suit was brought by William A. Knipper against the Lindenhurst VFD., Thomas Weckerle, and the Ridge VFD.

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The Hemet Fire Department is facing a lawsuit by the mother of a man who was killed in a vehicle accident last year. The fire department, along with the Hemet Police Department, are accused of failing to rescue Steven Collins Davis on January 27, 2023.

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A captain with the Phoenix Fire Department has filed suit in federal court alleging he was improperly denied 7.25 hours of overtime and then retaliated against for seeking the extra compensation. Captain David Johnson filed suit naming the city and five chief officers for violating FLSA and retaliating against him.

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The widow of a Los Angeles County firefighter killed in a house fire in 2022, has filed suit against the homeowner claiming that an illegal addition to the residence caused his death. Jennifer Flagler filed a wrongful death suit on behalf of herself and two minor children against Timothy Racisz.

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The California Court of Appeals has upheld a lower court ruling that a woman struck by a San Jose Fire Department wheel chock cannot recover because she failed to comply with the California Government Claims Act.

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A deputy chief in Georgia who was terminated in July, 2023, has filed suit claiming violations of the Family Medical Leave Act, disability discrimination, and retaliation. Deputy Chief Eric Phillips filed suit against Douglas County and the Douglas County Fire/EMS Department.

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A Houston firefighter assigned to the dispatch center as a Senior Communications Captain has filed suit claiming the city has failed to accommodate his sincerely held religious beliefs by requiring him to remain clean-shaven. Brandon E. O’Neal filed suit today in federal court naming the city, the Houston Fire Department and Fire Chief Samuel Pena as defendants.

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