Municipal Liability

Georgia Appeals Court Holds EMS Can Rely on Cancellation by Police

The Second Division Court of Appeals of Georgia has held that when police order EMS to stage, and later release them because no victim is located, there is no legal duty on the part of the medics to independently verify the police determination. The decision reverses a trial court ruling and resulted in the granting of a motion for summary judgment for the EMS provider.

DC Firefighter-EMTs File Class Action Suit Over Pension

Five dual function EMT-firefighters with the District of Columbia Fire and Emergency Medical Services have filed a class action lawsuit alleging that the city has reneged on pension-related promises. The complaint seeks to require the city to comply with its contractual and statutory pension obligations, as well alleging the city was motivated in denying them their benefits due to their race and gender.

Mother Sues Houston Police and Firefighters Over Son’s Death

A mother whose son died after being tased and arrested by Houston police, has filed suit against the city, the officers involved in the apprehension, and five city firefighters. Meghan Sonnier Simms, the mother of Jermaine K. Sonnier, filed suit yesterday in US District Court for the Southern District of Texas.

Florida Chief Claims He’s Entitled to Overtime Pay

A Florida fire chief who resigned last December as part of a mass resignation, has filed suit against the fire district under the Fair Labor Standard Act claiming he was improperly designated as an exempt executive. Chief Jason Martin claims the Upper Captiva Fire Protection & Rescue Services District owes him overtime for all the hours he worked beyond 53 hours per week.

Suit Alleges EMS Responsible for Victim’s Death, Not Homicide Suspect

A South Carolina man who is facing homicide charges has filed a rather unconventional civil rights lawsuit against first responders: he is claiming he is the victim of their failure to provide adequate medical care to the victim. Thomas Reginald Brooks filed suit pro se against nineteen defendants, including Sumter County EMS, the Sumter Police Department, and the Sumter Fire Department.

Fired Minnesota Assistant Chief Alleges Whistleblower Retaliation

An assistant chief with a Minnesota fire department who was fired earlier this year has filed suit claiming his removal was retaliation for a protected whistleblower report he made. Shea Chwialkowski served as the Assistant Chief of Training & Operations for the Richfield Fire Department until he was terminated on March 29, 2023.

Fire Law Roundup for May 22, 2023

In this episode of Fire Law Roundup for May 22, 2023, Brad and Curt discuss a lawsuit filed by a New York volunteer fire company against contractors over toxic fill used in the construction of a new firehouse; the filing ...

Family Sues Over Fire Death in Homeless Encampment

The family of a man who died in a fire at a homeless encampment in Oceanside, CA last year, has filed suit against the City of Oceanside, San Diego County, and CalFire. The Estate of Gabriel Pritchard, Pritchard’s mother and his brother filed suit in San Diego County Superior court.

YCMTSU Oregon Prompts Two Federal Lawsuits

“Throughout your life you hear about weird stuff that goes on in small communities and politics and stuff and here we are.” After reading what has been going on in the Tillamook Fire District, I think his quote can only be characterized as a severe understatement.

Suit Claims Failure to Take Spinal Precautions Resulted in Quadriplegia

The Santa Monica Fire Department is being sued for malpractice for the care provided to a man injured in a fall last year. Baldev Devgan and Manju Devgan filed suit in Los Angeles County Superior Court alleging Santa Monica firefighters failed to take proper spinal precautions following Baldev’s fall.

Firefighter Claims Sexual Harassment and Discrimination Cost Her Two Jobs

A California firefighter who was dismissed from two different fire departments, has filed suit against one of the departments and three of its officers. Shelly White filed suit against the Rough & Ready Fire Protection District, Fire Chief Robert Vaughn, Captain Matt Wright, and Lieutenant David Hicks alleging sexual harassment and discrimination.

Pennsylvania Families Blame Hydrant Failures For Losses of Homes to Fires

Two families who lost their homes in separate fires after firefighters were unable to get water from area fire hydrants, have filed separate lawsuits against the local water authority and township. The suits claim the defendants were aware of the problems with the hydrant system but failed to rectify the situation.

San Jose Fire’s Pink Poodle Strip Club Case Won’t Go Away Quietly

The San Jose Mercury News has filed suit against the City of San Jose seeking to obtain records related to the fire department investigation into the Pink Poodle strip club incident and the reported discipline of members involved. The suit was filed in Santa Clara County Superior Court pursuant to the state’s public records law.

California Jury Awards Fired Chief $4.1 Million

A Los Angeles County jury has awarded a former fire chief $4.1 million in damages for wrongful termination and an assortment of employment related counts. Former West Covina fire chief Larry Whithorn claimed he was terminated after a lengthy campaign by a handful of local officials.

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