Constitutional Rights

Iowa Fire Department at Center of Nativity Scene Controversy

An Iowa fire department that has hosted a nativity scene during the holidays for the past fifteen years, has found itself at the center of a First Amendment controversy about the separation between church and state. The Freedom From Religion Foundation requested the Mayor and City Council of the City of Toledo to remove a nativity scene from the front of the Toledo Fire Department’s station.

Firehouse Locker Search in Rhode Island Leads to Federal Suit

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

Wrongful Death Suit Against Maine City and Firefighter is Dismissed

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.

Termination of Boston Firefighter For Offensive Posts Upheld

The ongoing saga of Boston firefighter Octavius Rowe suffered another setback as the Massachusetts Court of Appeals upheld his 2018 termination for making a series of racist and homophobic social media posts. Rowe, who served as vice president of Boston’s Vulcan Society, claimed he had been singled out for discipline for his posts while the city ignored comparably offensive posts by white firefighters.

RI Firefighters Seek To Enjoin Enforcement of Social Media Policy

The initiation of a disciplinary investigation into social media posts by IAFF union officials in Tiverton, Rhode Island, has prompted a federal lawsuit accusing the town of wrongfully chilling the exercise of the firefighters’ First Amendment free speech rights.

Firefighter Accuses Fire Chief of Sexual Assault and Harassment

An Ohio firefighter has filed a federal lawsuit accusing her fire chief of sexual assault and harassment. Rebekah Huskey claims that Port Clinton Fire Chief Kent Johnson engaged in longstanding pattern of harassment dating back years.

Michigan Fire Chief Challenges Termination

The former fire chief for Kalamazoo Township, Michigan has filed suit against the township and its manager claiming that his termination last year was improper and violated his due process rights. Fire Chief David J. Obreiter was terminated September 14, 2022, approximately one-month after a pre-determination hearing was held before Township Manager Dexter A. Mitchell.

Colorado Union President Challenges Termination

The union president of IAFF Local 3214 has filed suit in federal court alleging the Mountain View Fire Protection District fired him in retaliation for his union activities, and did so in a way that violated his Constitutional Rights. Benjamin Carter was fired on March 21, 2023.

Court Dismisses Wichita Captain’s Federal Claims

A Wichita fire captain who sued the city alleging race discrimination and retaliation, has had his federal claims dismissed. Captain Mark Jordan will now have to decide whether to proceed in state court on two state law counts.

Lansing Firefighter Sues City Again

A Lansing firefighter who was terminated for posting the police chief’s personal cellphone number on Facebook in 2021, has filed suit claiming race discrimination, violation of his free speech rights, violation of equal protection, and violation of Michigan's anti-discrimination law. Michael Lynn filed suit yesterday in US District Court.

Sexual Assault Case Against Kentucky Fire Department Dismissed

A federal court has dismissed a Kentucky fire department and two chief officers from a lawsuit brought by a woman who claims she was sexually assaulted by an off-duty firefighter. The suit was brought by Emmalee Young, and accused former City of Paris firefighter William Michael Fields Jr. of providing her with alcohol, sexually assaulting her, and creating child pornography by recording it.

Three Cases in the Fire Law Headlines

Today’s fire law news left me with a bit of a dilemma. Do I cover one of the most significant Supreme Court decisions in decades even though it does not involve firefighters? Do I cover news reports of a possible lawsuit being brought against FDNY by firefighters even though an actual lawsuit has not been filed? Or do I cover a rather boring public records ruling out of New Jersey that involved a fire department?

NJ Captain Sues Alleging Retaliation

A captain with the Patterson, New Jersey fire department has filed suit against the city, the mayor and the fire chief claiming he has been treated unfairly and denied a provisional promotion to battalion chief in retaliation for his complaining about the city’s failure to comply with certain legal requirements.

Seventh Circuit Upholds Ruling In Favor of Kankakee FD in Assault Case

The US Seventh Circuit Court of Appeals has upheld summary judgment in favor of the City of Kankakee in a lawsuit brought by a female firefighter who accused her officer of assaulting her while they were fighting a fire. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her on October 18, 2018.

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