Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

A judge has ordered the San Jose Fire Department to turn over investigatory records from the Pink Poodle Strip Club incident to the San Jose Mercury News. Santa Clara County Superior Court Judge Thomas E. Kuhnle issued the ruling on Friday concluding that the public records law mandates that the documents be released.

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A civil suit brought by the family of a 16-year-old girl against a former firefighter and the City of Marco Island has been settled just before the case was scheduled to go to trial. Nicholas Macchiarolo was a firefighter with the Marco Island Fire Department in 2018 when he shared explicit photos with the girl via Facebook Messenger and Snapchat.

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The United States Tax Court has ruled that the proceeds from the settlement of a sexual harassment lawsuit is considered to be income, and thus subject to federal income tax. The case involved a San Francisco firefighter who filed suit in 2017, and settled in 2018.

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The Appellate Division of New Jersey Superior Court has upheld the denial of an “accidental disability pension” to a firefighter because his injury was not the result of “an undesigned or unexpected traumatic event.” Firefighter EMT John Karolinski suffered a rotator cuff injury on an EMS run.

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The Supreme Court of Alabama has refused to consider an appeal of a wrongful death lawsuit, concluding that the trial court must first make a determination as to the liability of a firefighter before a final determination on the liability of a volunteer department and a county fire association can be decided.

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In this episode of Fire Law Roundup for July 3, 2023, Bill Maccarone and Curt discuss a court decision in the case of a Washington state firefighter who alleges disability discrimination because he cannot take his service dog to work; ...

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The US District Court for the Western District of Washington has ruled that a firefighter who sought an accommodation to have a service dog accompany him to work at the firehouse, must himself submit to a psychological exam to confirm his PTSD condition, but his dog need not submit to a service dog evaluation.

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Today’s fire law news left me with a bit of a dilemma. Do I cover one of the most significant Supreme Court decisions in decades even though it does not involve firefighters? Do I cover news reports of a possible lawsuit being brought against FDNY by firefighters even though an actual lawsuit has not been filed? Or do I cover a rather boring public records ruling out of New Jersey that involved a fire department?

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The Massachusetts Court of Appeal has vacated a harassment prevention order between two fire department EMTs, concluding that while troubling, the behavior that occurred did not meet the statutory definition of harassment. The restraining order was obtained by a female EMT identified as E.T., who claimed that a colleague, J.U., created and shared lewd images of her through “cropping.”

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A captain with the Patterson, New Jersey fire department has filed suit against the city, the mayor and the fire chief claiming he has been treated unfairly and denied a provisional promotion to battalion chief in retaliation for his complaining about the city’s failure to comply with certain legal requirements.

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A Rockford, Illinois firefighter is facing criminal charges stemming from an apparatus accident that occurred earlier this year. Miguel Holland, 49, was charged by the Winnebago County State’s Attorney’s Office with aggravated driving under the influence and reckless homicide.

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In this episode of Fire Law Roundup for June 26, 2023, Brad and Curt discuss the settlement of a class action sexual harassment lawsuit brought against a fire department in Canada; a $425k settlement of a sexual harassment lawsuit brought ...

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A class action sexual harassment lawsuit brought against a Canadian fire department has resulted in a novel settlement that will award victims between $10,000 and $285,000. The suit was brought last year by two female firefighters against the Leduc Fire Services, in Ontario.

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A $425,000 settlement has been reached in a sexual harassment lawsuit brought by a former firefighter in Harrison, New York. The lawsuit was filed last year by the US Department of Justice on behalf of Angela Bommarito, naming Town of Harrison, its police chief, Harrison Volunteer Fire Department No. 1, and Fire District Number Two of Harrison.

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