NMI Firefighters Vaccine Lawsuit Dismissed

A lawsuit filed by nine firefighters in the US Commonwealth of the Northern Mariana Islands who were terminated for refusing the get a COVID19 vaccine, has been dismissed.  The dismissal was granted by Northern Mariana Islands Superior Court Associate Judge Joseph N. Camacho following entry of a stipulation by the parties.

Judge Camacho previously denied the firefighters’ motion for a preliminary injunction, concluding they failed to exhaust their administrative remedies, that an injunction could not be issued for purely economic harm, and that they failed to establish a strong likelihood they would prevail on the merits. That ruling earlier this month led to the stipulation that the suit would be dismissed without prejudice. The fact it was dismissed without prejudice will allow the firefighters to file suit again once the administrative options have been exhausted.

The firefighters filed the suit last June alleging the terminations violated the firefighters’ rights to privacy, due process, and equal protection. Here is more on the original filing.

Here is more on the dismissal of the lawsuit.

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.
x

Check Also

California Firefighter Sues Alleging Race Discrimination

A California firefighter who was demoted from probationary captain to firefighter engineer, has filed suit alleging race discrimination, retaliation, constructive termination, emotional distress, and FMLA violations. JuDon Cherry, who identifies himself in the complaint as an “African American male”, filed suit against the Contra Costa County Fire Protection District.

California Firefighter Claims Age and Whistleblower Discrimination

A California firefighter who was seeking a lateral transfer to the Newcastle Fire Protection District, has filed suit claiming age discrimination and whistleblower retaliation. Brian Thompson contends that as a result of his whistleblower activities while a member of the French Camp McKinley Fire Department, his application was handled differently and ultimately rejected.