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

Tag Archives: motion to dismiss

Texas Firefighter Loses Suit Over Discrimination and Due Process

A McAllen, Texas firefighter who was fired twice and reinstated both times has lost a discrimination and due process lawsuit against his department and fire chief. Last February, Robert Vargus sued McAllen and Chief Rafael Balderas alleging discrimination and harassment on account of age and disability and §1983 due process violations.

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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