Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

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A Colorado firefighter who was terminated in March, has filed suit alleging gender discrimination, disability discrimination, retaliation, whistleblower violations, and wrongful termination. Jennifer Sokol filed suit against the Los Pinos Fire Protection District in US District Court for the District of Colorado.

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In this episode of Fire Law Roundup for December 4, 2023, Brad and Curt discuss a ruling by the Missouri Court of Appeals concluding that the state’s Board of Mediation acted arbitrarily in denying a union’s petition to organize fire ...

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The Missouri Court of Appeals has ruled that the state’s Board of Mediation erred when it refused to consider a petition by IAFF Local 2665 to establish a bargaining unit for captains in the City of Richmond Heights. The board and a lower court concluded that the “Contract Bar Rule” prohibited Local 2665 from seeking to organize the captains.

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The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

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A former Oregon volunteer firefighter who filed and later dismissed a sexual harassment, whistleblower, and wrongful termination suit in 2021, has filed a virtually identical suit against the same parties. Amy Lenz filed suit against the Knappa Fire District and three district officials.

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A Missouri firefighter who was terminated after being on disability leave for two years, has filed suit claiming disability and age-discrimination. David Horning filed suit against the Central County Fire and Rescue District, its fire chief and the chairman of the district’s board of directors.

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A wrongful death lawsuit against the City of Portland and a city firefighter over the drowning death of a man who was being pursued by police, has been dismissed. Eric Cohen died on April 12, 2020 after he jumped into the frigid bay waters.

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In this episode of Fire Law Roundup for November 27, 2023, Brad and Curt discuss a jury award of $250,000 to a former Houston firefighter against her former captain who shared an intimate video of her; a Minnesota city held ...

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A Harris County jury has awarded a former Houston firefighter $250,000 in damages against her former captain for unlawfully sharing a nude video of her. Melinda Abbt filed suit against Captain John Chris Barrientes and the city, alleging sexual harassment and violation of a Texas law titled “Unlawful Disclosure or Promotion of Intimate Visual Material.”

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A Minnesota judge has found the City of Orono to be in contempt of court for violating her earlier order in a suit brought by the City of Long Lake over the breach of a fire protection agreement. The two cities, along with the City of Medina, are parties to an agreement whereby the Long Lake FD would provide services to the 3 communities.

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The Michigan Court of Appeals has ruled that a trial judge erred when he dismissed a wrongful death lawsuit brought against the City of Detroit by the husband of a woman who died in a crash with a responding DFD engine. India D. Sullivan died several months after the December 4, 2017 crash.

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A nurse who was hired by a Missouri fire department in April, 2022 has filed suit claiming that sexual harassment forced her to request a reduction to part-time status in September, 2022 and resign in December, 2022. Christeena Ferguson filed suit alleging 3 counts of sexual harassment and discrimination against the Southern Jackson County Fire Protection District.

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The State of Nevada has agreed to settle a lawsuit brought by eight inmate firefighters who claim they were mistreated while serving with the Nevada Division of Forestry. The suit was brought by the ACLU of Nevada and alleged the firefighters were subjected to cruel and unusual punishment.

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