Hot Springs Firefighter Files Federal Lawsuit Alleging Retaliation

A Hot Springs firefighter has filed a federal lawsuit against the City of Hot Springs and Fire Chief Ed Davis, alleging that he was subjected to retaliation and First Amendment violations after speaking out about safety concerns and union matters.

The lawsuit was filed by Firefighter Nate Hall in US District Court for the Western District of Arkansas. According to the complaint, Hall had been a firefighter with the Hot Springs Fire Department since 2019.

Hall alleges that he began raising concerns about safety issues in the department as early as 2020. The complaint states that Hall’s concerns were not only ignored but that he was retaliated against for speaking out.

Quoting from the complaint:

• Plaintiff began working for the City of Hot Springs as Fireman in 2019.
• Plaintiff got through his probationary one-year period successfully.
• Plaintiff was at a training exercise on December 12, 2020.
• During that training period Plaintiff suffered a serious head injury that could have killed him or left him with permanent disability. Fortunately, it did not, but he was seriously injured and missed a month of work.
• The accident happened because the City of Hot Springs Fire Department has inadequate safety procedures, inadequate procedures for doing root cause analysis of accidents to permit development of practices, procedures, and training to prevent future accidents, and inadequate training.
• The accident was not investigated, a bare-bones worker’s comp claim was done that did not assign fault to plaintiff.
• Less than a month later, Plaintiff met with the Chief and Fire Marshall to provide a detailed analysis of what happened and what might be done to avoid these issues.
• The training and safety officer was not in the room, nor was anyone in the training that day, which makes no sense.
• Then, Plaintiff was asked “do miss your old job,” which had been as pastor.
• It made Hall feel he was being brushed off and potentially threatened.
• In December of 2021, Plaintiff was passed up for promotion to Driver, over a firefighter who had come in second, when Plaintiff was first.
• Then, when Plaintiff was promoted to Driver, the Chief kept his back to Plaintiff, ignored him while talking to another successful candidate.
• The Chief has a pattern and practice of retaliating against people who speak out contrary to his wishes.

The complaint goes on to outline additional concerns he raised and acts of retaliation he suffered. The lawsuit contends that these actions were in direct response to his protected speech and advocacy, both as a private citizen and union member.

Hall claims are brought under 42 U.S.C. § 1983 for alleged violations of his First Amendment rights, as well as a state law whistleblower claim under the Arkansas Whistle-Blower Act. He is seeking compensatory and punitive damages, back pay for lost income/promotions, and attorney’s fees.

Here is a copy of the complaint: