Houston Chief Files Third Suit in 13 Years

One of the longest-serving firefighters in the Houston Fire Department has taken the city back to court for the third time. District Chief Charles Julian, a 44 year veteran and 69 years of age, filed suit in Harris County against the City of Houston alleging race and age based discrimination, and retaliation.

Chief Julian joined the department in 1968 and became a district chief in 1984. Since then Julian’s efforts to move higher in the fire department resulted in two earlier lawsuits, both of which he won.

The first suit was filed in 1999 when Chief Julian was 56 and the fire chief allegedly cited his age in denying him a promotion. A Federal court jury ruled in Chief Julian’s favor, and following an appeal the lawsuit was settled resulting in his promotion to assistant chief and the city paying $215k as compensation and attorney fees.

The second suit arose after Phil Boriskie became the new fire chief in 2004. Houston Fire Department rules allow a fire chief to appoint his own assistant chiefs, and Chief Julian was demoted back to District Chief. He filed suit in 2006 alleging that he received low evaluation scores and was demoted in retaliation for his first lawsuit. A Federal court ruled in his favor awarding $140k in compensation and attorney fees.

The current lawsuit alleges that Chief Julian was passed over for the fire chief’s position in retaliation for the two earlier lawsuits he filed against the city. He alleges that the city had been giving him poor ratings since 2005 making him ineligible for promotion to deputy chief/shift commander.  The lawsuit alleges that the city has been passing him over promotions in favor of younger lesser experienced people. The suit also alleges race and age discrimination.

More on the story.

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.
x

Check Also

Family Of Man Struck By Chief’s Vehicle Sues

The family of a man who was run over and dragged by a Georgia battalion chief at the scene of a shooting is suing the city for their emotional harm. Germayne Farrell was shot and killed in a shootout between rival motorcycle clubs, the Outcasts and Thug Riders.

Court Refuses to Dismiss Due Process Demotion Case

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.