Tag Archives: failure to act

Three Memphis Firefighters Terminated Over the Death of Tyre Nichols

Three Memphis firefighters have been terminated in the aftermath of the death of Tyre Nichols. Nichols died on January 10, 2023, three days after he was beaten by Memphis police officers who have since been charged with murder.

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.

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.

Detroit EMT Charged Criminally With Neglect of Duty

The Detroit Fire Department EMT who refused to respond to the scene of a baby having trouble breathing in 2015, today was charged criminally with willful neglect of duty. Ann Marie Thomas was fired June 24, 2015 for her role in the May 30, 2015 incident that led to the death of I'Nayah Wright-Trussel.

Minneapolis Fire Sued Over Hypothermia Death

The family of a University of Minnesota freshman who died of hypothermia in 2013 has filed a massive lawsuit against the Minneapolis Fire Department and numerous other agencies accusing them of leaving his body in the elements for an extended ...

Kentucky Overdose Suicide Prompts Suit Against Responders

The family of a Kentucky man who died of a suicide-related overdose in 2015 has filed suit against the fire department EMTs who they claim failed to properly transport him to the hospital when initially called. Frank Barberick committed suicide ...

Wrongful Death Suit filed in Detroit Failure To Act Case

The refusal of a Detroit EMT to respond to a home where an infant was not breathing has led to a wrongful death suit by the infant's mother. On May 30, 2015 EMT Ann Marie Thomas parked her unit on a street corner away from the scene while waiting for other units to arrive, an act her supervisors referred to as “depraved indifference”.

Detroit EMT’s Failure to Respond Showed Depraved Indifference

A Detroit Fire Department EMT has been terminated for refusing to respond into the scene of an infant in cardiac arrest in what her supervisors have called an act of “depraved indifference”. The incident occurred May 30, 2015 and the child later died.

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?

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