Due Process

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."

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.”

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.

Ketamine Injection Leads to Lawsuit in Colorado

A Colorado man is suing firefighters and police officers responsible for administering the sedative ketamine during an encounter last year. Jeremiah Axtell filed suit last week naming the Lakewood Police Department, West Metro Fire District and numerous individual officers and firefighters.

Discipline, Deception and Hard Cases

Today’s burning question: I was disciplined last week because I called in sick to go to my daughter’s hockey game. Her team was in the championship and I could not get anyone to cover my shift. I am being demoted from captain to engineer but we had a captain who got caught lying on-duty and he got virtually no punishment. Why am I being demoted and he get’s a slap on the wrist? Answer: My father has a saying: hard cases make bad law.

Dismissal of Wilmington LODD Suit Upheld by Third Circuit

The 3rd Circuit has upheld the dismissal of a suit brought by the estates of three Wilmington firefighters who were killed and three others who were injured in a 2016 building fire. The fire claimed the lives of LT Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes. FF Brad Speakman, FF Terrance Tate, and LT John Cawthray, were seriously injured during the rescue efforts.

Demoted California Captain Seeks New Hearing

A fire captain in Selma, California who was demoted earlier this year, has filed suit claiming the city failed to provide him with proper notice and an opportunity to be heard at an appellate hearing before the city council. Eric Beasley filed suit in Fresno County Superior Court naming the City of Selma, the fire chief and the city manager.

Utica Firefighter Loses Appeal of Termination

The appeal of a Utica firefighter who was terminated for engaging in lewd behavior in the firehouse in 2018 has been rejected by the Appellate Division of the New York Supreme Court. Richard J. Forte was fired following a police investigation into semen found on the pants of a female firefighter.

Can a Union Waive A Firefighter’s Right To Appeal Discipline?

Today’s burning question: Can a union agree to waive a firefighter’s right to appeal as part of reaching a settlement of disciplinary charges against the firefighter? Doesn’t that deny the firefighter’s right to due process? Answer: Yes the union can and no it does not violate due process!

Victims’ Family Sues Over Phototaking At Kobe Bryant Helicopter Crash

The family of a woman killed in the Kobe Bryant helicopter crash last January, has filed suit against Los Angeles County accusing deputy sheriffs and firefighters of taking photos of victims’ remains and disseminating those images to others unrelated to any investigation.

Kentucky Fire Department Sued in Sexual Assault of Minor Case

The victim of two sexual assaults that occurred on fire department property while she was a minor, has filed suit against the firefighter, the fire department and several individuals that she claims are responsible.

Disabled Georgia Fire Lieutenant Claims City Wrongfully Changed Pension Laws To Limit Her Benefits

A Georgia fire lieutenant who was injured in the line of duty, has filed suit claiming her employer defrauded her out of disability pension benefits by changing the rules after she was injured. Lieutenant Bridgit Christensen filed suit against the City of Decatur in federal court.

$50 Million Suit Filed in Michigan Mistaken Death Pronouncement

The family of a disabled 20-year-old Michigan woman who was declared dead by EMS personnel, but later determined to still be alive, has filed a $50 million suit. The bizarre circumstances occurred on August 23, 2020 when personnel from the Southfield Fire Department found Timesha Beauchamp not breathing

Philly Not Liable for Fire Deaths

The City of Philadelphia will not have to pay damages to the estates of three people who died in a fire in 2018, according to a US Third Circuit of Appeals ruling handed down today. While the facts may have made for a rather compelling case, in the end the law was on the city’s side.

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