Constitutional Rights

Missouri Supreme Court Upholds Law Mandating City to Pay Fire Protection District

The Supreme Court of Missouri has upheld a state law requiring cities that annex property in a fire protection district to pay the district “what the district would have collected in tax revenue within the annexed area.” The case involved a challenge brought by the City of Crestwood against the Affton Fire Protection District.

Bridgeport Firefighter Loses Third Bid To Reverse Termination

A Bridgeport, Connecticut firefighter who was terminated in 2012 following his arrest for insurance fraud, has lost a third lawsuit alleging that he was wrongful terminated. James Jackson was accused of falsely reporting that several thousand dollars worth of personal items had been stolen in a burglary in order to collect from his insurer.

Texas Supreme Court Upholds Police Entry Into Premises At Fire Department’s Request

When a firefighter, in the line of duty, asks law enforcement for a safety check after seeing drug paraphernalia, guns, and flammable liquids in an apartment, is the officer's entry into the apartment reasonable under the Fourth Amendment? Today the Texas Supreme Court said yes.

Virginia Captain Claims Political Retaliation

A Lynchburg fire captain has filed suit against the fire department, the city, and three city officials claiming breach of contract and a violation of his First Amendment rights. Martin Misjuns filed suit last week in the Circuit Court for the City of Lynchburg. Named in the suit are Mayor Mary Jane Tousignant Dolan, Vice-Mayor Beau Wright, and City Manager Reid Wodicka.

New York Firefighter Alleges Harassment and Retaliation

A volunteer firefighter with the Lakeview Fire Department in New York has filed suit in federal court alleging a variety of civil rights violations and state law claims against what the complaint describes as "a cabal comprised of officers and publicly elected officials of the Lakeview Fire District and Lakeview Fire Department."

Long Beach Settles Suit Over Firefighter’s Punch for $250K

The City of Long Beach, California has agreed to settle a federal civil rights lawsuit brought by a man who was punched by a firefighter following the shooting death of a fire captain. The incident that precipitated the punch was an explosion, fire and shooting at the Covenant Manor Senior Housing Project, a high rise building in Long Beach

No-Visible Tattoo Policy Upheld by Mass Civil Service Commission

The Massachusetts Civil Service Commission has upheld a no-visible tattoo policy in a challenge brought by an applicant to the Brockton Fire Department. Corey Matchem was bypassed by the Brockton Fire Department in 2019 over his “non-compliance with the department’s Tattoo, Body Piercing and Mutilation Policy for New Hires.”

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

Fire Law VLOG: March 8, 2021

In this edition of Fire Law VLOG, Curt discusses toxic employees, a new discount available to attendees of the FLSA program, and several cases in the fire law headlines.

Medics and FD Sued Over Photos of Shooting Victim

The sister of a man who was shot and killed during Black Lives Matter protests in Cicero, Illinois last summer, has filed suit against two Cicero Fire Department paramedics and a retired lieutenant for taking and sharing photos of his body. Adriana Cazares filed suit today naming Frank R. Rand, Justin Zheng, Gene Lazcano and the Town of Cicero as defendants.

Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

Nebraska Firefighter Sues Over Race and Gender Discrimination

An Omaha firefighter has filed suit claiming she has been the victim of race and gender discrimination during her brief tenure on the department. Jane Crudup filed suit February 5, 2021 in US District Court for the District of Nebraska.

Court Upholds Termination of Boston Firefighter

A Massachusetts judge has rejected the appeal of a Boston firefighter who was terminated over a series a racist and homophobic social media posts. Octavius Rowe, a 15-year veteran, was fired by the Boston Fire Department on April 30, 2018 following a lengthy investigation.

Captain Demoted Over Social Media Posts Sues Nashville for $2 Million

A Nashville fire captain who was demoted last August over social media posts, has filed suit claiming thes posts were protected by the First Amendment. Captain Tracy Turner filed suit in US District Court for the Middle District of Tennessee alleging a single count of a First Amendment violation

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