Due Process

Federal Appeals Court Refuses To Block FDNY Enforcement of AirBNB Law

The US Court of Appeals for the Second Circuit has refused to enjoin FDNY and the New York City Department of Buildings from enforcing New York Multiple Dwelling Law § 121, commonly referred to as the "AirBNB Law." The law restricts property owners from advertising the use of a “Class A Multiple Dwelling” for non-permanent (transient) residential purposes.

Podcast Episode 35: Interview With Attorney For Disciplined Michigan Firefighters In Mistaken Death Pronouncement

In this episode, Curt and Attorney Kali Henderson discuss the suit she just filed on behalf of four Southfield firefighters who were disciplined by the Michigan Department of Health and Oakland County after a patient was declared dead, released to a funeral home, and found to be alive hours later by funeral home staff preparing to embalm her.

Ohio City Prevails in Discrimination Lawsuit Over Handling of Outdoor Cooking Incident

The City of Lyndhurst, Ohio has prevailed in a lawsuit brought by an immigrant couple who were ordered by police and firefighters to stop cooking outside because the smoke was bothering their neighbors. Emad Alabasi and Yana Alabasi filed suit last October claiming national origin discrimination and various civil rights violations.

Alabama Firefighter Loses Military Discrimination Suit

A military discrimination lawsuit filed by an assistant chief with the Montgomery Fire Department, has been dismissed. Assistant Chief Ted Clark filed suit last year accusing the city of denying him a promotion, denying him family medical leave, and retaliating against him on account of his military service with the Alabama Army National Guard.

Suit By Retired Alabama Chief Dismissed

A former District Chief with the Montgomery Fire Department who agreed to retire in 2010 as part of the settlement of a gender discrimination suit, has lost a second suit she filed in 2018 claiming that the fire chief made derogatory comments about her. District Chief Jennifer Jennings Bennett first sued the city in 2008.

Mount Vernon Deputy Chief Seeks Back Pay For Suspension

A deputy chief in Mount Vernon, NY who was suspended last September has filed suit claiming his due process rights were violated. Deputy Chief Al-Farid Salahuddin was suspended after a profanity-laden audio recording of him speaking with a fire lieutenant surfaced.

Bellingham Intubation Training Suit Settled for $175k

The City of Bellingham, Washington has agreed to settle a lawsuit brought by the widow of a man whose body was used by firefighters to practice their intubation skills for $175,000. Jai Ginn’s federal court suit against the city, eleven firefighters, and Whatcom County’s medical program director alleged a due process violation and tortious interference with a dead body.

Michigan County Sued Over Dispatch Error

The family of a fourteen-year old who died after suffering an asthma-attack that left him brain-dead on life-support, has filed suit against Monroe County and a county dispatcher that they claim mishandled the 911 call. Bobby Reyes experienced difficulty breathing on September 21, 2019, prompting his mother, Sarah Jones, to initially help him search for his inhaler.

Minnesota Medic Claims Whistleblower Retaliation

A Minnesota paramedic who resigned last year has filed suit in federal court alleging he was retaliated against for reporting the falsification of EMS training attendance records and because he refused a police sergeant's direction to administer ketamine to a patient. Joseph Paul Baker filed suit last week naming the City of Woodbury, the fire chief and two fire commanders.

Fired Washington Chief Will Get Trial But COVID May Mean No Jury

A Washington state fire chief who was terminated in 2019 after a vote of no-confidence by his firefighters, has survived a motion to dismiss his wrongful termination suit by establishing a question of fact as to whether the city had just cause to terminate him. Fire Chief David Bathke has terminated by the City of Ocean Shores in March, 2019 after less than two years at the helm.

Latrobe Firefighters Sue City and Chief

Five members of a volunteer fire company in Latrobe, Pennsylvania have filed suit claiming their suspension and subsequent expulsion violated the First and Fourteen Amendments of the US Constitution. The suit names the City of Latrobe, Mayor Rosemarie M. Wolford, the Latrobe Volunteer Fire Department, Fire Chief John Brasile, and LVFD President Charles McDowell, Jr.

St. Paul District Chief Claims He Was Forced Out for Whistleblowing

A district chief who was assigned to the St. Paul Fire Department’s training academy until he retired last December, has filed suit in federal court claiming he was retaliated and constructively terminated. District Chief Jovan Palmieri filed suit yesterday in US District Court for the District of Minneapolis.

Ohio Court Of Appeals Upholds Arson Conviction Despite Allegations of Spoliation

The Ohio Court of Appeals has rejected the appeal of a convicted arsonist, that the fire department’s failure to preserve fire scene evidence warranted a reversal of his conviction. Bryan Kirby was convicted in Butler County Court of Common Pleas of aggravated burglary, arson, and two counts of aggravated arson.

Ride-Along Student Sues Claiming He Was Groped By Chicago Firefighter

A paramedic student at Malcolm X College who claims a Chicago firefighter inappropriately touched him and made lewd remarks during a ride-along, has filed suit against the city and the now fired firefighter. Identified in the suit as John Doe, the student alleges that during a ride along on July 20, 2018, FF James Regan grabbed his genitals and suggested they take a shower together.

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