Buffalo Settles Medical Marijuana Suit With Firefighter for $242k

A lawsuit filed by a Buffalo firefighter who was fired for using medically prescribed marijuana, has been settled for $242,000. Scott Martin, a 12-year veteran of the department, was terminated on February 23, 2021. He is also an Air Force veteran who served in both Iraq and Afghanistan.

Martin filed suit in May, 2021 alleging a violation of the New York’s Compassionate Care Act. Under the Compassionate Care Act, employers are prohibited from discriminating against a certified medical marijuana patient. The city claimed they handled Martin’s two positive tests in accordance with the collective bargaining agreement. Unfortunately for the city, the language in the CBA predated the effective date of the Compassionate Care Act in 2016.

In September, State Supreme Court Justice Catherine Nugent Panepinto denied the city’s motion to dismiss the case, setting the stage for the settlement. The Buffalo News was unable to determine if the settlement will allow Martin to return to duty. His lawsuit sought a court order requiring him to be reinstated to the department and assigned to his original position.

The final settlement is set to be voted on by the City Council on November 29, 2022. 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.

Non-Renewal of Fire Chief’s Contract Prompts ULP Complaint

The decision not to renew a fire chief’s contract has prompted a Massachusetts firefighter local to file an unfair labor practice complaint against the town. For those who are not familiar with labor relations, this is not a very common occurrence.