NH Chief Alleges Defamation and Conspiracy

A New Hampshire fire chief who was terminated in 2023, has filed suit against two firefighters who accused him of making racist remarks. Former Nottingham Fire Chief Jaye Vilchock filed suit against Francis Bruno, Vash Rosfield, and the Town of Nottingham.

The suit was filed in Rockingham County Superior Court alleging defamation, intentional infliction of emotional distress, and civil conspiracy. Chief Vilchock was placed under investigation in March, 2023, and following an investigation he described as a “free-ranging inquisition of every aspect of his tenure,” he was terminated.

Chief Vilchock filed an earlier suit contesting his termination, but it was upheld. However, during that proceeding he learned for the first time that Bruno and Rosfield had accused him of referring to Bruno by a derogatory term. Quoting from the complaint:

  • Specifically, former NFRD firefighter Francis Bruno represented to various members of the NFRD and members of the Board of Selectmen that Mr. Vilchock had called him a “spic,” a disgusting, bigoted slur used to refer to people of Central or South American heritage.
  • Now-former, then-current NFRD firefighter Vash Rosfield likewise represented to various members of the NFRD and members of the Board of Selectmen that he had heard Mr. Vilchock direct similar vile, bigoted language at Bruno, and, further, that Mr. Vilchock had, one at least one occasion, put his arm around him and said to him, “it’s good you are on my side because spics are trying to run this place.”
  • In his capacity as an employee of the NFRD and the Town of Nottingham, Bruno’s intentionally false complaint about Mr. Vilchock was within the scope of his employment, insomuch as he made his representations to his superiors within the NFRD, repeated those representations to the Town’s Board of Selectmen, out of a purported concern for the health, efficiency, and good functioning of the NFRD.
  • In his capacity as an employee of the NFRD and the Town of Nottingham, Rosfield’s intentionally false complaint about Mr. Vilchock was within the scope of his employment, insomuch as he made his representations to his superiors within the NFRD, repeated those representations to the Town’s Board of Selectmen, out of a purported concern for the health, efficiency, and good functioning of the NFRD.
  • Accordingly, the Town of Nottingham is liable for [both employee]’s defamatory statements under the doctrine of respondeat superior.

Here is a copy of the complaint:

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

Demoted Nashville Captain Awarded $1.8 Million

A former Nashville fire captain who was demoted over social media posts, has been awarded $1.8 million in damages by a federal court jury for violation of his First Amendment rights. Captain Tracy Turner claimed he was investigated and demoted because his posts “offended someone in the African American Community.”

Washington State Recruit Noose Case Dismissed

A lawsuit filed by an African American recruit firefighter in Washington state who had a noose placed around his neck by a fellow recruit, has been voluntarily dismissed. Elijah Page filed the action in federal court back in 2023 against the Clark County Fire District 6, three chief officers, a captain and former recruit John Erickson.