Tag Archives: duty to act

Maine Drowning Suit to Proceed

A federal court judge has refused to dismiss a wrongful death - civil rights lawsuit against the City of Portland and a firefighter, brought by the family of a man who drowned in 2020. Eric Cohen died on April 12, 2020 after he fled from police and jumped into the frigid bay waters.

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Eliminating Technical Rescue Services and Liability

Today’s burning question: If a department eliminates a technical rescue discipline due to liability concerns and a technical rescue incident occur, could those responders be accused of nonfeasance? Answer: The direct answer to your question is yes, responders could be accused of nonfeasance. I think your real question is whether they could be liable and the answer is probably not…

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The Digital Age Meets the Duty To Act

Today’s burning question: I was in your class at FDIC 2014 on Duty to Act, which was a real eye-opener. We were discussing it in the station today and one of the paramedics mentioned a smartphone app called PulsePoint, that can notify you if someone nearby is having a heart attack. Doesn’t that raise some duty to act questions?

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Off Duty Supervision Challenged in Illinois

Today’s burning question: Can an officer be disciplined for not supervising a firefighter while both are off-duty? For example if some officers were out on the town with some firefighters, and the firefighters start to get a little rowdy, do ...

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DC Failure to Act Update

The family of the man who died last January across the street from a DC firehouse had a chance to confront Fire Chief Kenneth Ellerbe last night at a neighborhood meeting. Cecil Mills had a heart attack across the street ...

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FDNY Dispatcher Cleared in Au Bon Pain Case

Another chapter has come to a close in one of the most controversial YCMTSU cases ever, but not before one more dose of controversy. And despite 3 ½ years since the story first broke, misinformation about the case continues to ...

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Alameda Not Liable for Drowning Suicide

The lawsuit brought against the city of Alameda for not rescuing a suicidal man who drown himself in San Francisco Bay two years ago has been dismissed. Raymond Zack, 52, committed suicide by wading out into the frigid waters off ...

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