Tag Archives: fourth amendment

Fire Law Roundup for December 11, 2023

In this episode of Fire Law Roundup for December 11, 2023, Brad and Curt discuss a lawsuit challenging the Cleveland Fire Department’s physical abilities test as discriminatory against women; an FLSA overtime suit in Brookline, Massachusetts; a locker search case ...

Firehouse Locker Search in Rhode Island Leads to Federal Suit

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

Fire Law Roundup for February 13, 2023

In this episode of Fire Law Roundup for February 13, 2023, Brad and Curt discuss a jury verdict holding the Perth Amboy Fire Department (NJ) liable for a series of sexual assaults perpetrated thirty years ago by a firefighter on ...

Louisiana Firefighters Claim Fingerprinting is Unconstitutional

Five Louisiana firefighters have filed suit claiming the fire department violated their civil rights last year by ordering them to be finger printed. Christopher Perre, Kevin Crossen, Mitchell Arbaugh, Michael Giarrusso and Brandon Barthel filed suit against the East Bank Consolidated Special Service Fire Protection District.

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.

Minnesota Medics Entitled to Qualified Immunity on Excessive Force Claim

The US Eighth Circuit has joined a growing number of circuit courts holding that fire and EMS personnel who restrain a combative patient should not be evaluated under the Fourth Amendment excessive-force analysis that applies to police officers. Rather, fire and EMS personnel are “acting as medical responders, not as law enforcement officers,” and as such may be acting in an objectively reasonable manner when administering a sedative to a patient.

Seventh Circuit Quotes Fire Chief’s “Gag-A-Maggot” Comment In Ruling in Department’s Favor

The Seventh Circuit Court of Appeals has upheld a district court ruling holding that the City of Loves Park, Illinois did not violate the Constitutional rights of a woman by forcing entry into her home, seizing 37 cats, and condemning her home. A key point in the ruling was the comment of Loves Park Fire Chief Philip Foley that the smell coming from the home could "gag a maggot."

Search Warrant Required For Fire Inspections Absent Owner Consent

A lawsuit filed against local officials in West Virginia over a warrantless entry into a commercial occupancy is headed to trial following a ruling that an administrative search warrant is required to conduct fire inspections when the owner refuses to permit entry.

Texas Supreme Court Upholds Police Entry Into Premises At Fire Department’s Request

When a firefighter, in the line of duty, asks law enforcement for a safety check after seeing drug paraphernalia, guns, and flammable liquids in an apartment, is the officer's entry into the apartment reasonable under the Fourth Amendment? Today the Texas Supreme Court said yes.

Tased Man Sues Police and Fire Departments

A 71-year-old man who was tased and arrested by the Vallejo Police Department in 2019, has filed a civil rights suit against the city, the police chief, three police officers, the Vallejo Fire Department and a fire captain. John Mark Raudelunas filed suit yesterday in US District Court for the Eastern District of California.

Ride-Along Student Sues Claiming He Was Groped By Chicago Firefighter

A paramedic student at Malcolm X College who claims a Chicago firefighter inappropriately touched him and made lewd remarks during a ride-along, has filed suit against the city and the now fired firefighter. Identified in the suit as John Doe, the student alleges that during a ride along on July 20, 2018, FF James Regan grabbed his genitals and suggested they take a shower together.

Forced Closure of Sports Complex Over COVID Compliance Prompts Suit Against Houston Fire

The owners of a Houston sports complex have filed suit against the city’s police and fire departments after it was forced to close for violating Governor Greg Abbott’s executive order relative to the reopening of business. Sportsplex of Houston, Inc. filed suit yesterday naming the Houston Fire and Police departments.

7th Circuit Upholds Dismissal of Suit Against Chicago Fire Captain

The 7th Circuit has upheld the dismissal of a lawsuit filed against a Chicago fire captain and a police sergeant by a man who was arrested after responders forced entry into his apartment. Earl Conner filed suit against Fire Captain James Mason and Sergeant Christopher Vacek.

Suit By Chicago Firefighter Assaulted By Officer To Continue

A Chicago firefighter who claims he was punched by his lieutenant and knocked unconscious at a post-incident review last year, has survived a motion to dismiss his federal court case. John Copeland filed suit last year against Lt. Leonard Johnson and the City of Chicago for a violation of his civil rights and several state law counts.

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