Fire Law Podcast – Episode 5 US Supreme Court Ruling in DeLia v. Rialto, et al

In this episode of Fire Law, Rialto, California firefighter Nick DeLia explains how his lawsuit ended up being heard by the US Supreme Court.

The case involves a 4th Amendment issue related to an internal affairs investigation that occurred while FF DeLia was off injured and suspected of working another job. Private investigators filmed him purchasing some rolls of fiberglass insulation at a home improvement store, and he was called in to answer questions.

When DeLia informed investigators that the insulation was for use in his home, was still at his house and had not been installed, he was ordered to prove it by immediately returning home and bringing the insulation out in the presence of chief officers. He and his attorney argued that the order was illegal and in violation of the 4th Amendment, but when threatened with termination he complied.

9th Circuit Ruling: DELIA v RIALTO

US Supreme Court Ruling: FILARSKY v DELIA

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

Check Also

Connecticut Firefighter’s Drug Death Leads to Discipline of Eight Others

An investigation following the off-duty death of a New Britain firefighter has resulted in the termination of a lieutenant, and the suspension of seven others, four of whom were also demoted. The discipline follows the suspected overdose death of Firefighter Matthew Dizney.

Fifth Circuit Rejects Habeas Request of Man who Stabbed Firefighter

The Fifth Circuit Court of Appeals has upheld the conviction of a man sentenced to forty-years in prison for stabbing a firefighter at a fire scene in 2014. Kirk Ross Engle was convicted of stabbing Yorktown, Texas firefighter Brian Smolik.