Terminated Iowa Firefighter Alleges Due Process Violation

A volunteer firefighter in Iowa who was terminated last year, has filed suit pro se in US District Court for the District of Iowa claiming a violation of his Fourteenth Amendment rights. Paul Anthony Reed, Sr. filed suit today naming the City of West Liberty, the West Liberty Fire Department, the mayor, city manager, fire chief and assistant chief.

Reed is seeking $10,000 for loss of income from his volunteer stipend, $15,000 for emotional distress, $30,000 for the harm to his personal and community reputation, and $100,000 in punitive damages.

• The plaintiff’s termination resulted from an investigation marred by procedural neglect, mishandling, and failure to follow required protocols, in violation of the Fourteenth Amendment’s Due Process Clause.
• Defendants, acting under color of state law, deprived him of his constitutionally protected property interest in his position without proper notice or an opportunity to be heard.
• Plaintiff was placed on administrative leave on September 25, 2023, based on vague allegations of misconduct, but was not informed that the allegations related to sexual harassment until 11 days later.
• Furthermore, Plaintiff was denied access to critical witness statements until three to four months after his termination on October 24, 2023, depriving him of a meaningful opportunity to rebut or challenge the claims against him before the termination decision was finalized.
• In a meeting on September 5, 2024, City Manager Lee Geertz admitted to mishandling the investigation and to procedural neglect, stating that certain individuals involved in the process had acted improperly.
• Despite these admissions, Mayor Mark Smith, who was present during the meeting, took no corrective action to address the deficiencies in the investigation or to prevent Plaintiff’s wrongful termination.
• Plaintiff seeks compensatory damages, punitive damages, and injunctive relief, including reinstatement, for the deprivation of his due process rights under 42 U.S.C. § 1983.

Those who have been through the Managing Disciplinary Challenges in the Fire Service  program will recognize one of the concerns we discuss: distinguishing between an interview and a hearing. As I say every class: an interview is an interview, and a hearing is a hearing, but an interview is not a hearing. Simply getting an employee’s side of what occurred as part of the investigation is an interview. A hearing requires notice of the charges and an opportunity to explain or rebut. The facts as alleged seem to suggest that Reed was interviewed, but he did not receive a hearing. The question remains whether he was entitled to a hearing, but it does not appear that he got one.

Those who have been through the FLSA for Fire Departments, or FLSA Bootcamp for Volunteer and Combination Departments, may also see some additional concerns (hint… hint…)

Here is a copy of the complaint: