Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A veteran Indianapolis firefighter has filed suit in federal court alleging that the Indianapolis Fire Department violated the Americans with Disabilities Act (ADA) by failing to accommodate him following a stroke, and eventually forcing him into early retirement.
The lawsuit was filed on June 3, 2025, in the U.S. District Court for the Southern District of Indiana by Brian K. Todd, who served with IFD for over 14 years. Todd claims he was a decorated firefighter who received the department’s Medal of Bravery and had no history of significant performance issues before suffering an off-duty ischemic stroke in October 2021.
According to the complaint, Todd’s stroke resulted in mild aphasia and minor short-term memory delay. He alleges that both his treating neurologist and cardiologist cleared him to return to full duty by December 2021. However, IFD placed him only on light duty in the Training Division and required him to undergo additional fitness-for-duty and cognitive testing through Public Safety Medical (PSM), despite his physicians’ clearances.
The complaint states that cognitive testing was not a standard requirement for firefighters returning from injury and that Todd had never undergone such testing before, leaving no baseline against which to compare post-stroke results. Todd alleges that he complied with all requests, including multiple evaluations by a clinical psychologist and continued neurological treatment, yet IFD refused to return him to full duty.
In July 2022, a PSM neurologist reportedly cleared Todd without restriction, but the department continued to require further testing. Todd filed several grievances with Deputy Chief Timothy Robinson in late 2022, all of which were denied. The department allegedly took no steps to evaluate whether reasonable accommodations could be made or whether any other full-time positions—such as his existing role in the Training Division—were available.
Ultimately, in April 2023, Todd claims he was forced to choose between retirement on a disability pension or termination. He opted to retire, just two years shy of earning a full pension.
The lawsuit brings two counts under the ADA: failure to accommodate and unlawful discrimination. Todd seeks injunctive relief, reinstatement, back pay, compensatory damages, and attorneys’ fees.
A determination letter from the EEOC, issued on March 5, 2025, confirmed Todd’s right to sue following the agency’s decision not to pursue further investigation. Here is a copy of the complaint:
