Fire Law Roundup: January 3, 2022

In this week’s edition of Fire Law Roundup, Curt and Bill discuss some of the headline cases from last week, including a lawsuit out of Chicago on health care benefits to retirees, St. Paul, MN vaccine mandate decision, a sexual harassment suit out of Orange County, a suit alleging medics failed to inform a hospital of a patient’s mental state, and an Ohio fire scene search and seizure case.

Former Indiana Chief Charged With Theft of $140k

A former Indiana fire chief who was already facing charges for sexual misconduct with a minor, has been charged with stealing more than $140,000 from the Summitville Fire Department and Van Buren Township.

Lawsuit Claims Louisiana FD’s Failure To Inform ER of Patient’s Condition Led to Accident

A man who was struck by a vehicle in Louisiana shortly after being released from a hospital, has filed suit against the St. Tammany Parish Fire Protection District No. 4 claiming paramedics failed to promptly inform hospital staff of his mental health status and need for monitoring.

Appellate Court Orders Reinstatement of Disabled Firefighter’s Pension

An Illinois appellate court has ruled that a firefighter who injured his back moving bottled water in the firehouse, is entitled to receive a line-of-duty disability pension. That ruling reverses a decision by the Circuit Court of Du Page County that said that Roselle firefighter Ryan Case was ineligible for such a pension because he failed to disclose pre-existing back problems when hired and because moving bottled water was not an “act of duty.”

Court Approves $240k FLSA Settlement For 3 California Battalion Chiefs

The settlement of an overtime lawsuit brought by three battalion chiefs with the Coronado Fire Department, has been approved by the US District Court for the Southern District of California. The suit was filed last April by BC Perry Peake as a class action alleging the city improperly classified BCs as exempt executives.

Ohio Appeals Court Rules Drug Evidence Found During Cause and Origin Admissible

The Court of Appeals of Ohio has ruled that drugs and drug paraphernalia found by a fire investigator during a cause and origin determination, is admissible. That decision reverses a trial court ruling that granted the property owner’s motion to suppress the evidence because it was obtained without a search warrant.

St. Paul Firefighters Get Restraining Order Against Vaccine Mandate

St. Paul Firefighters, IAFF Local 21 has obtained a temporary restraining order against the city’s enforcement of its vaccine mandate. The firefighters’ lawsuit, similar to one filed by the union representing St. Paul police officers, contends that enforcement of the vaccine mandate violates the state’s collective bargaining laws.

Wrongful Death Suit Against Detroit Fire Officer Who Missed Fire Victim Dismissed

The Michigan Court of Appeals has ordered the dismissal of a lawsuit filed against a Detroit fire officer who apparently missed a body at a fire scene in 2018. Kevin McGriff, 26, perished in the March 5, 2018 fire. Five days later his body was located by his father who had stopped by the building to search for insurance papers.

FDNY Applicant’s Suit Over Residency Determination Tossed Due To Delay in Filing

An applicant to FDNY who was rejected over questions about his residency, has lost a lawsuit to force the city to hire him, because he waited too long to challenge the residency determination. Tyler Cruz-Rivas took the FDNY entrance exam in 2017. Applicants were required to have lived in New York City in 2014 and 2015.

Oregon Volunteer Seeks $8.35 Million for Sexual Harassment

A female Oregon firefighter who was terminated from her volunteer fire department in 2019 has filed suit alleging sexual harassment, retaliation, and an assortment of related claims. Amy Lenz filed suit in Clatsop County Circuit Court against the Knappa Fire District.

Judge Upholds Illinois Vaccine Mandate

A federal district court judge has upheld a vaccine mandate ordered by Illinois Governor Jay Robert Pritzker, from a challenge brought by six Naperville firefighters. The lawsuit filed in September claimed the vaccine mandate exceeded the governor’s authority, and violated the firefighters’ constitutional rights.

Subrogation Claim Alleges Wildland Bulldozer Destroyed Well

An insurer who paid $52,000 in damages to a California couple whose well was destroyed by a bulldozer creating a fire line, has filed suit against the US Department of Agriculture, Cleveland National Forest, and CalFire. The California Fair Plan Association filed suit earlier this year in San Diego County Superior Court. The case was removed to US District Court last week.

Investigation Launched into California Medics’ Refusal to Enter Medical Facility

The Rialto Fire Department is investigating allegations that two of its medics refused to enter a medical facility to treat and transport a man in cardiac arrest. The incident occurred on November 17, 2021, and some of it was captured on the body-cam of a local police officer.

Illinois Suit Alleges Sexual Harassment Led to Firefighter’s Suicide

The husband of a female firefighter who committed suicide allegedly due to sexual harassment, has filed suit against the fire department and a lieutenant accused of perpetrating the harassment. Daniel Zaboroski filed suit earlier this year as the executor for the estate of his wife, Nicole Hladik.

Page 2 of 245«123 4 5 » 10 20 30...Last »