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

Buffalo Firefighter Sues Colleague Over St. Patrick’s Day Assault

A Buffalo firefighter who was seriously injured in an altercation with another Buffalo firefighter following a St. Patrick’s Day parade last year, has filed suit alleging negligence, recklessness and battery. Derek Rose filed suit in Erie County Supreme Court, naming Richard Manley as the sole defendant.

Terminated Texas Deputy Chief Claims Whistleblower Retaliation

A deputy chief who was terminated from the Forney Fire Department, has filed suit claiming he was retaliated against because he raised concerns about firefighters making “under-the-table” payments for shift trades. Logan Kerr was fired from the Forney Fire Department in December, 2022, just four months after he was hired.