Due Process

Utah Fire Department Accused of Destroying House

A Utah fire department is being sued for allegedly destroying a man’s home last July as part of a training exercise. Greg Young filed suit in US District Court for the District of Utah claiming that the South Jordan Fire Department used his home on South Gold Dust Drive without his permission, and literally destroyed it.

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Termination of Georgia Firefighter Upheld

A Georgia firefighter who was terminated in 2017 following an off-duty vehicle accident, has lost his suit to regain his job. Robert Bailey was fired from the Henry County Fire Department following an investigation into an accident that occurred on June 14, 2017.

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NY Volunteer Alleges Dismissal Violates His Civil Rights

A volunteer firefighter in New York who was dismissed for allegedly missing three consecutive monthly meetings, has filed suit claiming First Amendment, due process and equal protection violations. Keith Davis filed suit in federal court naming the Commack Fire Department, the Commack Fire District, the fire chief, the executive board, and the fire commissioners as defendants.

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Illinois Chief Challenges Termination As Violating ADA and FMLA

An Illinois fire chief who was terminated in 2021 has filed suit claiming the fire district violated the Americans with Disabilities Act and the Family Medical Leave Act. John R. Nixon served as fire chief for the Fox River and Countryside Fire Rescue District from 2016 til his dismissal on August 23, 2021.

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Area of Liability Concern for Fire Departments: Assisting Police

Tonight I was going through the most recent court decisions available through my Lexis subscription, and after the fourth one realized there were striking similarities that go beyond the fact a fire department was mentioned in each. Each case was a lawsuit brought by someone who had been arrested by the police.

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Court Rejects Claims of Disability Discrimination by Indianapolis Firefighter

An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. S.N. claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

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Maine Drowning Suit to Proceed

A federal court judge has refused to dismiss a wrongful death - civil rights lawsuit against the City of Portland and a firefighter, brought by the family of a man who drowned in 2020. Eric Cohen died on April 12, 2020 after he fled from police and jumped into the frigid bay waters.

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Court Refuses to Dismiss Ketamine-Related Claims in South Carolina Suit

A US District Court has adopted a magistrate's recommendation that state law claims brought against a South Carolina paramedic in a ketamine-related wrongful death suit, continue. The suit was filed by the estate of James Claude Britt, Jr., who died on October 30, 2019, several weeks after the September 30, 2019 incident in Charleston County.

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Fire Law Roundup – February 21, 2022

In this episode, Curt reviews a lawsuit filed by several Massachusetts firefighters that blames AFFF and PPE manufacturers for their cancers; a ruling in an overtime lawsuit in Reading, PA; a decision that a city does not have to providing ...

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