Due Process

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.

Oregon Fire District Faces $20 Million Suit by Fired Chief

The Columbia River Fire & Rescue is facing a $20 million lawsuit filed by recently fired Fire Chief Joel Medina. The suit filed in US District Court for the District of Oregon names the fire district, four members of the fire district board, IAFF Local 3215 St. Helen’s Professional Fire Fighters Association, and several current and former officers of Local 3215.

Sixth Circuit Dismisses Civil Rights Claims in Mistaken Death Case

The Sixth Circuit Court of Appeals has ruled that EMS personnel who mistakenly pronounced a disabled woman dead, cannot be held liable for her subsequent death under a civil rights theory, despite the fact their error delayed life-saving treatment. The case involves the death of 20-year-old Timesha Beauchamp in Southfield, Michigan.

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?

Third Circuit Refuses to Block Township’s Decision to Eliminate PA Fire Department

The 3rd Circuit has refused to block a Pennsylvania township from eliminating one of its two volunteer fire companies. The Sassamansville Fire Co. No. 1 brought the action after New Hanover Township voted to eliminate it, claiming a violation of the Fourteenth Amendment.

Mother Sues Houston Police and Firefighters Over Son’s Death

A mother whose son died after being tased and arrested by Houston police, has filed suit against the city, the officers involved in the apprehension, and five city firefighters. Meghan Sonnier Simms, the mother of Jermaine K. Sonnier, filed suit yesterday in US District Court for the Southern District of Texas.

Suit Alleges EMS Responsible for Victim’s Death, Not Homicide Suspect

A South Carolina man who is facing homicide charges has filed a rather unconventional civil rights lawsuit against first responders: he is claiming he is the victim of their failure to provide adequate medical care to the victim. Thomas Reginald Brooks filed suit pro se against nineteen defendants, including Sumter County EMS, the Sumter Police Department, and the Sumter Fire Department.

Fire Law Roundup for May 1, 2023

In this episode of Fire Law Roundup for May 1, 2023, Brad and Curt discuss a suit brought by a woman who was injured by a fire hose being dragged by a Dallas fire truck; a suit by the former ...

Recently Fired Cincinnati Fire Chief Sues City, Mayor and City Manager

Former Cincinnati Fire Chief Michael Washington has filed suit claiming his termination violated his right to due process and violated the city charter. The federal suit filed today names the city, Mayor Aftab Pureval and City Manager Sheryl Long as defendants.

Ninth Circuit Rules Seattle Not Liable for CHOP Zone Death

The 9th Circuit Court of Appeals has ruled that the City of Seattle is not liable to the mother of a 19-year-old special needs man who was shot and killed in the CHOP zone in 2020. Donnitta Sinclair claimed the city’s conduct caused the death of her son, Horace Lorenzo Anderson, Jr.

Pennsylvania Fire Department Sued for COVID-Related Wrongful Death

The family of a Pennsylvania woman who died from COVID on January 23, 2021, has filed suit against the local fire department and several providers claiming they failed to properly evaluate and transport her to definitive care the day before.

Alabama Chief Loses Constructive Discharge Case

A Montgomery chief officer who resigned in 2018 while facing domestic violence charges, has lost his suit alleging constructive discharge and due process violations. Chief of Operations Kenneth Bolling claims he was pressured into resigning immediately in order to preserve his retirement benefits.

11th Circuit Upholds Ruling in Favor of Miami Dade Fire Rescue and Three Firefighters

The 11th Circuit Court of Appeals has upheld a ruling in favor of the Miami Dade Fire Rescue and 3 firefighter paramedics accused of negligence and deliberate indifference in their response to a medical run in 2019. Diana Cluff and Jacqueline Beaz filed suit accusing the medics of delaying their response, falsifying reports, and failing to attempt to resuscitate their father, Gustavo Beaz.

Supreme Court Refuses to Hear Appeal of Transgendered Fire Chief

The US Supreme Court has refused to consider the appeal of a transgendered fire chief from Georgia, leaving in place a ruling by the 11th Circuit Court of Appeals in favor of the city. Fire Chief Rachel Mosby was fired by the City of Byron shortly after she revealed that despite being born a male she identified as a female.

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