Civil Suit

Arbitrator Reinstates California Firefighters

Two Rialto, California firefighters who were terminated in the aftermath of a high-profile EMS incident in 2021, have been reinstated by an arbitrator. Captain Josh Gilliam, Firefighter-Paramedic Matt Payne, and Engineer Mark Brady were accused of wrongfully refusing to enter the Rialto Post Acute Care Center on November 17, 2021 due to COVID related concerns.

Washington Captain Sues City for Injuries Sustained at Structure Fire

A Washington fire captain and his spouse have filed suit against his department claiming the injuries he suffered at a building fire, were the result of the city’s negligence. Vancouver Captain Gregory Weber was injured on February 22, 2021 when a ceiling collapsed on him.

Wrongful Death Suit Blames Delayed Response of St. Louis Medic Unit

The City of St. Louis and two fire department EMTs are facing a wrongful death lawsuit brought by the sister of a man who died in 2021. Sharon LaRue claims that St. Louis Fire Department Medic 32 was dispatched for her brother, who has been struck by a vehicle. She further claims that Medic 32 stopped after being struck by a rock.

Ohio VFD Found in Contempt of Court for Failing to Produce Public Records

An Ohio magistrate has recommended that a volunteer fire department be held in contempt for failing to comply with a court order to produce certain financial records as part of a public records request. The Calcutta Volunteer Fire Department had previously been ordered to produce those records as part of a public records suit filed by Christine Lea Lerussi.

Colorado Medic and Police Officer Sued Over Death of Suicidal Man

The estate of a man who died while in police custody after suffering from a mental health emergency, has filed suit against a police officer and a fire department medic who restrained him. Kevin Dizmang died on November 15, 2022 after a failed intervention by the Colorado Springs Police Department Crisis Response Unit.

Connecticut PIO Sues Police for False Arrest and Malicious Prosecution

The Connecticut PIO who has charged with violating Joshua’s law on photo-taking by first responders, has filed suit against a police lieutenant, a Connecticut State Trooper and the Town of Montville alleging false arrest, malicious prosecution, abuse of process, intentional infliction of emotional distress, and civil rights violation actionable through 42 U.S.C. § 1983.

Philly BC Alleges Discrimination Over Denial of Gender Affirming Coverage

A Philadelphia battalion chief has filed suit against the city, IAFF Local 22, Local 22’s Health Plan, and Independent Blue Cross alleging gender discrimination by denying her “gender-affirming care and treatment.” The chief, identified in the complaint as Jane Doe, filed suit in US District Court for the Eastern District of Pennsylvania.

Illinois Firefighter Ineligible For Non-Duty Disability Pension

The Illinois Court of Appeals has concluded that a firefighter was ineligible for a non-duty related disability pension despite putting in the required years of service, because he began working for a different department. Michael Wessell filed suit against the Wilmette Firefighters' Pension Fund after the Fund’s board declined his request for a non-duty disability pension.

Maui Firefighter’s Mother Sues Captain Over LODD

The mother of a Maui firefighter who died after being caught in a storm drain last year, has filed suit against his company officer claiming his decision-making led to her son’s death. Chelsie Evans filed suit in Maui County Circuit Court naming Fire Captain Scott Martin, and 10 unnamed defendants.

Judge Refuses to Dismiss Claims of Former Cincinnati Chief

A federal court judge has ruled that former Cincinnati Fire Chief Michael Washington can only be removed for cause, and refused to dismiss his suit against the city of Cincinnati for what he alleges is a violation of his due process rights. Chief Washington was fired last year by City Manager Sheryl Long and Mayor Aftab Pureval.

Florida Fire Marshal Alleges Gender Discrimination

The former fire marshal for the Bonita Springs Fire Control and Rescue District has filed a gender discrimination and retaliation suit. Janet Washburn filed suit in US District Court for the Middle District of Florida alleging violations of Title VII and the Florida Civil Rights Act.

Suit Alleges Discrimination Based on Position Designation

The Phoenix Fire Department is facing a lawsuit by a civilian employee who claims she was misclassified into a lower-paid position and denied a promotion, on account of her race. Melissa Green filed suit claiming she performed duties that qualified her for a “User Tech” position, but was paid as an “Administrative Aide.”

Second Circuit Upholds FDNY Vaccine Mandate From Due Process Claims

The Second Circuit has upheld the suspension without pay, and in some cases the dismissal, of some 86 FDNY firefighters who refused to comply with the city’s vaccine mandate in 2021. The firefighters alleged that the city’s failure to bargain over the vaccine mandate, coupled with the failure to comply with the city’s normal disciplinary requirements, constituted a violation of their due process rights.

Vermont Fire Department Sued Over Ketamine Injection

The mother of a 14-year-old boy with developmental disabilities has filed suit against the City of Burlington, Vermont accusing police and firefighters of racial bias, excessive force, and unnecessarily injecting her son with ketamine in an effort to subdue him in 2021. Cathy Austrian filed suit in Chittenden County Superior Court accusing the city of several state law violations.

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