Due Process

Pawtucket Building Owner Sues Fire Department and State for $6.7 Million

The owner of a building in Pawtucket, Rhode Island has filed a pro se lawsuit against the Pawtucket Fire Department, various fire officers, the city, the mayor and members of the state fire marshal’s office claiming each violated his civil rights. Mark E. Amesbury, doing business as Polytechnic, filed suit in US District Court alleging violations of his 4th, 5th, and 14th Amendment rights

Louisiana Firefighter Terminated Over COVID19 Hospitalization Documentation

A Louisiana firefighter who was terminated for failing to provide medical documentation relative to a COVID-related hospitalization, has filed suit alleging disability discrimination, whistleblower violation, retaliation, violation of his due process rights, and negligent supervision. Kevin Jerome filed suit against the Rapides Fire District # 4, Chief Britt Bolen, and the Rapides Parish Police Jury.

NMI Firefighters Vaccine Lawsuit Dismissed

A lawsuit filed by nine firefighters in the US Commonwealth of the Northern Mariana Islands who were terminated for refusing the get a COVID19 vaccine, has been dismissed. The dismissal was granted by Northern Mariana Islands Superior Court Associate Judge Joseph N. Camacho following entry of a stipulation by the parties.

Suit Accuses Colorado Fire Department of Ketamine-Related Civil Rights Violation

A Colorado man who was arrested following a traffic stop in 2019, has filed suit against a fire department medic and several police officers for their roles in his arrest. Steven Reycraft filed suit today in US District Court naming the Manitou Springs Fire Department, Paramedic Ashley Wardell, four Manitou Springs police officers, the City of Manitou Springs, and a doctor/medical director.

Miami-Dade Facing Suit By Family of Man Pronounced DOA

The family of a man who died in 2019 has filed suit against Miami-Dade Fire Rescue and three firefighter-paramedics accusing them of negligence and deliberate-indifference arising out of their slow response and failure to initiate medical treatment. 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.

Is Should the Past Tense of Shall? Show-Me State Appeals Court Says Yes

A paramedic for the St. Louis Fire Department has prevailed in her appeal of a 15-day disciplinary suspension. Elizabeth Smith received the suspension in 2018 over problems with documentation associated with her request for leave under the Family Medical Leave Act.

Minnesota Medics Entitled to Qualified Immunity on Excessive Force Claim

The US Eighth Circuit has joined a growing number of circuit courts holding that fire and EMS personnel who restrain a combative patient should not be evaluated under the Fourth Amendment excessive-force analysis that applies to police officers. Rather, fire and EMS personnel are “acting as medical responders, not as law enforcement officers,” and as such may be acting in an objectively reasonable manner when administering a sedative to a patient.

Chicago Non-Conforming Gender Harassment Suit to Proceed

A lawsuit filed by a Chicago firefighter who claims he was sexually harassed and discriminated against by the department and a female deputy chief, will continue following a refusal by the trial judge to dismiss the city from the action. James Mundo filed suit last year claiming that the city, and a deputy chief discriminated against him in violation of Title VII, 42 U.S.C. § 1983 (Monell), and the Illinois Gender Violence Act.

Washington Chief Settles Wrongful Termination and Defamation Suits for $725k

A Washington state fire chief who was awarded $735k earlier this year, has reached a settlement of his wrongful termination and defamation suits. Fire Chief David Bathke was terminated in 2019 by Ocean Shores Mayor Crystal Dingler after he refused her requests to resign.

Dallas Fire Sued Over Death of Intoxicated Man in Police Custody

Two firefighters from Dallas Fire Rescue have been named in a wrongful death lawsuit brought by the family of a man who died while in police custody. Juan Segovia died on June 30, 2019 after being found unresponsive and transported by Dallas Police to the City Detention Center, referred to in the complaint as the “drunk tank.”

Terminated Utah Firefighter Seeks Reinstatement

A Utah firefighter who was terminated earlier this year from the South Davis Metro Fire Department has filed suit claiming the department violated his due process rights and targeted him due to his age. Gary Schvaneveldt filed suit in US District Court for the District of Utah naming the department and Fire Chief Dane Stone.

Another Suit Filed Against LA County Fire Over Kobe Bryant Crash Photos

The Los Angeles County Fire Department is now facing a fifth lawsuit arising out of the photo-taking scandal surrounding the Kobe Bryant helicopter crash. The January 26, 2020 crash killed nine people including Bryant and his daughter.

Mother of CHOP Shooting Victim Sues Seattle

The mother of a 19-year-old special needs man who was shot in the Seattle CHOP zone last summer, has filed suit against the city of Seattle claiming that medics failure to come to his aid led to his death. Donnitta Sinclair filed suit last week in federal court claiming the intentional and negligent conduct of the city caused the death of her son, Horace Lorenzo Anderson, Jr.

Accused Bricelyn Street Arsonist Will Face Federal Jury 26 Years Later

The man whose state court conviction for setting a fire that killed three Pittsburgh firefighters in 1995 was set aside due to prosecutorial misconduct, will have to face a retrial after all in federal court. Gregory Brown Jr. was convicted of setting the Bricelyn Street Fire on Valentine’s day, 1995.

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