Texas Firefighter Sues City Over Use of Criminal Files

Posted by: Curt Varone May 3, 2011 0

A Texas firefighter who (1) was fired because of an off duty assault, (2) beat the assault charges, (3) successfully appealed his termination to an arbitrator, and then (4) battled the city to sustain the arbitrator’s ruling, has filed a lawsuit claiming that his constitutional rights were violated when the city illegally accessed his criminal investigation files.

Beaumont firefighter James Mathews Jr. filed suit on April 29, 2011 against the City of Beaumont, Mayor Becky Ames, City Attorney Tyrone Cooper and Fire Chief Anne Huff alleging their conduct violated his constitutional rights.

The assault took place on June 9, 2008 while Mathews was off duty, and involved an altercation with another motorist following a collision. The suit alleges that under Texas law, when a criminal defendant is acquitted, criminal investigative files are “not open records subject to disclosure.”

For a good video on the case.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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