Civil Suit

An unusual lawsuit we covered earlier this year is back in the Fire Law headlines with a rather unusual twist: the defendants in the case are seeking a subpoena duces tecum against Google to help them identity of the source of harassing emails and online posts.

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A San Francisco firefighter who was critically injured when a city bus drove over a hoseline at a building fire, has lost his suit to hold the city and the bus driver liable. Matthew Vann suffered a traumatic brain injury and spent two weeks in ICU following the November 2, 2020 fire.

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The Louisiana Court of Appeals has upheld a lower court ruling in a promotional challenge case from the Kenner Fire Department. The case involves the fire chief’s decision to deny Joseph Sunseri a promotion to Assistant Fire Chief, following some difficulties he encountered while serving in the position during a “working test period”.

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The Rockland County Supreme Court has ruled that a firefighter who resigns in lieu of being terminated, cannot challenge the grounds for discipline. That decision came in the case of Robert Doremus, formerly a firefighter with the Tallman Fire District.

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Twenty-six fire inspectors for FDNY have filed suit in federal court claiming the city failed to pay them overtime compensation in accordance with the Fair Labor Standards Act. The inspectors claim they routinely work in excess of their regularly-scheduled forty hours per week, are not compensated for those extra hours unless they are pre-approved.

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Two women who failed the Cleveland Fire Department’s physical abilities test in 2017, have filed suit alleging gender discrimination. Yolanda McKay and Christine Scott filed suit in US District Court for the Northern District of Ohio alleging a violation of Title VII of the Civil Rights Act of 1964.

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Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

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A Colorado firefighter who was terminated in March, has filed suit alleging gender discrimination, disability discrimination, retaliation, whistleblower violations, and wrongful termination. Jennifer Sokol filed suit against the Los Pinos Fire Protection District in US District Court for the District of Colorado.

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The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

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A former Oregon volunteer firefighter who filed and later dismissed a sexual harassment, whistleblower, and wrongful termination suit in 2021, has filed a virtually identical suit against the same parties. Amy Lenz filed suit against the Knappa Fire District and three district officials.

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A Missouri firefighter who was terminated after being on disability leave for two years, has filed suit claiming disability and age-discrimination. David Horning filed suit against the Central County Fire and Rescue District, its fire chief and the chairman of the district’s board of directors.

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A wrongful death lawsuit against the City of Portland and a city firefighter over the drowning death of a man who was being pursued by police, has been dismissed. Eric Cohen died on April 12, 2020 after he jumped into the frigid bay waters.

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A Harris County jury has awarded a former Houston firefighter $250,000 in damages against her former captain for unlawfully sharing a nude video of her. Melinda Abbt filed suit against Captain John Chris Barrientes and the city, alleging sexual harassment and violation of a Texas law titled “Unlawful Disclosure or Promotion of Intimate Visual Material.”

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A Minnesota judge has found the City of Orono to be in contempt of court for violating her earlier order in a suit brought by the City of Long Lake over the breach of a fire protection agreement. The two cities, along with the City of Medina, are parties to an agreement whereby the Long Lake FD would provide services to the 3 communities.

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