Municipal Liability

The Fourteenth District Court of Appeals of Texas has dismissed a lawsuit brought by the driver of a car that was struck by a Houston engine that was backing up. Emmitt Wilson filed the suit in state court naming the city and firefighter Jason Carroll as defendants

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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.

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The family of a woman who died in a fatal fire in Coolidge, Arizona, has filed suit against the city alleging the fire department was responsible for her death. Nicole Erin Gustafson died in a house fire on June 12, 2022.

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The sensational case of an African American firefighter in Rochester, NY who claims to have been forced to attend a racist house party while on duty, has taken a dramatic turn as the party’s host has a filed a defamation suit against the firefighter’s attorney and an elected official who made public statements about what occurred.

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A Lansing firefighter who was terminated for posting the police chief’s personal cellphone number on Facebook in 2021, has filed suit claiming race discrimination, violation of his free speech rights, violation of equal protection, and violation of Michigan's anti-discrimination law. Michael Lynn filed suit yesterday in US District Court.

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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.

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A California firefighter who was physically assaulted by a fire captain and a firefighter has filed suit against both of them and his fire department. Michael Botill filed suit against the Central Fire District of Santa Cruz County, Captain Dan Jordan and firefighter Forrest Gleitsman alleging assault, battery, harassment, negligent hiring, negligent retention, and whistleblower retaliation.

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An already complicated legal quagmire in Labtrobe, Pennsylvania has gotten even more complicated with the filing of another civil suit. Firefighter Robert S. Forish filed suit against the Latrobe Volunteer Fire Department, the fire chief, the fire company president, and a county police detective claiming they conspired to purse criminal changes against him in 2021 without probable cause and in retaliation for his exercise of his free speech rights.

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Two African-American captains with the Mobile Fire Department who were disciplined after coming to the defense of an African-American female firefighter who was being investigated for a tattoo, have filed suit claiming race discrimination and retaliation. The suit was filed by Captain Jason Craig and Captain Rodrick Shoots, Sr. in US District Court for the Southern District of Alabama.

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The San Diego Fire Department is being sued by the guardian ad litem for the estate of an 11-year-old girl and her two sisters who claim the fire department, the police department, and a handful of others bear partial responsibility for neglect and abuse perpetrated by their adoptive parents. Steven Ratner filed suit in San Diego County Superior Court on behalf of the estate of Arabella McCormack and her younger sisters identified as A.M. and E.M.

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The estate of a woman who was shot by her boyfriend has filed suit against FDNY and NYPD claiming that they failed to provide her with timely medical assistance. Gloria Felix, as administratrix for the Estate of Migdalia Ortega, filed suit seeking $7 million in damages.

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A Massachusetts firefighter who was dismissed earlier this year, is suing the Town of Natick and its fire chief claiming he was retaliated against for refusing to falsify a report. Skyler Sarkisian filed suit in Middlesex County Superior Court alleging several violations of Massachusetts state law.

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The US District Court for the Southern District of Ohio has dismissed four of seven counts in a discrimination lawsuit brought by a Cincinnati fire captain. The captain, Janos Roper, will be allowed to proceed on the three remaining counts.

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The New York Daily News is reporting that recently filed court documents in the contentious age discrimination suit brought against Commissioner Laura Kavanaugh by several FDNY chiefs alleges that she was slow to react to the fire problem with e-bike lithium-ion batteries for political reasons.

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