Tag Archives: deliberate indifference

Dismissal of Wilmington LODD Suit Upheld by Third Circuit

The 3rd Circuit has upheld the dismissal of a suit brought by the estates of three Wilmington firefighters who were killed and three others who were injured in a 2016 building fire. The fire claimed the lives of LT Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes. FF Brad Speakman, FF Terrance Tate, and LT John Cawthray, were seriously injured during the rescue efforts.

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Philly Not Liable for Fire Deaths

The City of Philadelphia will not have to pay damages to the estates of three people who died in a fire in 2018, according to a US Third Circuit of Appeals ruling handed down today. While the facts may have made for a rather compelling case, in the end the law was on the city’s side.

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LA County Fire Sued for $10.4 Million Over Restraint of Seizure Patient

A man who claims he was handcuffed and restrained while having an epileptic seizure has filed a $10.4 million suit against the California Highway Patrol and Los Angeles County Fire Department. Jason Cook is seeking is damages from the State of California, five CHP officers, LA County, four firefighters, a captain and the fire chief for physical, psychological, and emotional injuries he claims are severe.

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Burning Question: Wilmington LODD Suit, Civil Rights Violation, and Deliberate Indifference

Today’s burning question: I saw your article on the Wilmington LODD lawsuit and do not understand why the families of the deceased firefighters would bother suing the city for a civil rights violation. Answer: Civil rights suits are viewed by some attorneys as a strategic “end around” the tort defenses that fire departments would typically raise in cases like this. Whether the strategy will actually work is another story.

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RI Firehouse Altercation Prompts Federal Lawsuit

A Rhode Island fire lieutenant who claims he was assaulted in the firehouse by a deputy chief has filed suit in US District Court against the fire department, the firefighters’ union and the deputy chief. Cranston Lieutenant Scott Bergantino filed suit last week naming the City of Cranston, IAFF Local 1363, and Deputy Chief Paul Valletta as defendants.

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Fire Victims Sue City Over Denial of Re-Entry

The victims of a house fire are suing Reno, Texas claiming that they were wrongfully barred from re-entering their home after the fire. John and Stephanie Toppings sued the City of Reno and Police Chief Matt Birch claiming an unconstitutional seizure.

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NY and PA Lawsuits in the News

Two negligence lawsuits are in the fire law news today, one in New York involving the delayed response of an FDNY ambulance, the other in Pennsylvania where a firefighter aboard a tanker driven by an intoxicated chief is suing the ...

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Phoenix Fire Sued for $1 Million By Inmate

A prisoner with a history of filing suits from jail has set his new sights on the Phoenix Fire Department. Samuel Louis Fuller, who resides at the Fourth Avenue Jail in Phoenix, filed a rather unique federal lawsuit against the ...

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