Legal

Podcast 22: Hazing, Pranks and Bullying in the Fire Service

Firelawblog.com - Sun, 06/25/2017 - 19:43
In this episode, Curt and Linda Willing discuss the cultural and legal challenges associated with hazing, pranks and bullying in the fire service. Linda is a retired fire officer from the Boulder Fire Department and a noted author, columnist and lecturer. She is the author of On the Line: Women Firefighters Tell Their Stories.
Categories: Legal

ACLU Steps Up For NH Firefighter

Firelawblog.com - Thu, 06/22/2017 - 20:28
A New Hampshire firefighter who was fired in 2015 over a Facebook discussion, just got some good news: the American Civil Liberties Union is taking up his cause. Alex Morin was terminated from the Farmington Fire Department days after he and another firefighter questioned the appropriateness of citizens posting incident related comments on Facebook.
Categories: Legal

Ohio Chief Accepts 90-Day Suspension

Firelawblog.com - Wed, 06/21/2017 - 21:23
An Ohio fire chief has agreed to accept a 90-day suspension rather than face a disciplinary proceeding that could potentially have cost him position. Braceville Township Fire Chief Todd Garland was facing six charges related to an incident that occurred in June, 2016 while personnel were attending to a combative patient.
Categories: Legal

Narcan and EMS

Firelawblog.com - Tue, 06/20/2017 - 19:28
Today’s burning question: Can a fire department that is not a licensed EMS provider equip its apparatus and train its personnel to carry and administer Narcan? Answer: Due to the opioid-crisis, most states are taking a rather unprecedented approach to Narcan by treating as an intervention that is in the nature of a first aid treatment that anyone can administer.
Categories: Legal

FDNY Sued By Man Who Leaped From Ambulance

Firelawblog.com - Mon, 06/19/2017 - 19:45
A man who leaped out of the back of a moving FDNY ambulance is now suing the city, FDNY and EMS personnel for his injuries. Yaugeni Kralkin, claims that EMS personnel did not do enough to restrain him as he was being transported to the hospital. Kralkin admits he had been drinking heavily.
Categories: Legal

Jury Awards San Jose BC $800k For Retaliation

Firelawblog.com - Sun, 06/18/2017 - 20:46
A jury has awarded a San Jose battalion chief $800,000 for retaliation, while ruling in favor of the city on identical claims by a former fire captain. BC Patricia Tapia and Captain Debra Ward sued the city in 2014 claiming they has been unlawfully retaliated against after settling a discrimination lawsuit in 2012.
Categories: Legal

Are BCs Eligible for Overtime Under the FLSA

Firelawblog.com - Thu, 06/15/2017 - 21:04
Today’s burning question: Are battalion chiefs considered to be exempt executives under the FLSA and not eligible for overtime? Answer: That is the key question in a recently filed suit out of Vancouver, Washington. Eight current and former Vancouver battalion chiefs are suing the department
Categories: Legal

Illinois Cities Suing Pierce Over Warranty Claims

Firelawblog.com - Wed, 06/14/2017 - 18:42
The City of Charleston, Illinois is joining six other municipalities in filing a class action lawsuit against Pierce Manufacturing, Inc. over a breach of warranty claim on fire apparatus. The lawsuit alleges that Pierce and Global Fire Equipment Inc. granted a lifetime warranty on the frames of its fire trucks for rust and corrosion damage.
Categories: Legal

Stamford Fatal Christmas Fire Settlement Was For $6.65 Million

Firelawblog.com - Tue, 06/13/2017 - 17:10
The Stamford Advocate is reporting that the recently settled lawsuit involving the City of Stamford over the fire on Christmas morning 2011 that killed five family members, involved a payment of $6.65 million to the plaintiffs. When the settlement was made public in May 2017, the amount of the settlement was confidential.
Categories: Legal

Palo Alto Settles Motorcycle Accident Suit for $250k

Firelawblog.com - Mon, 06/12/2017 - 19:47
The City of Palo Alto, California has settled a motorcycle accident suit that alleged firefighters wrongfully stopped their apparatus in the middle of the road in a non-emergency situation. Alexis Ferreira was injured on June 29, 2015 when she rounded a curve on her motorcycle, saw the fire truck, and crashed trying to avoid a collision
Categories: Legal

Suspended Providence Firefighter Sues Claiming Due Process Violation

Firelawblog.com - Sun, 06/11/2017 - 19:55
A Providence firefighter who was suspended following his arrest on child solicitation charges, is suing the city for violating his due process rights. Jason August was arrested in 2015 following a six month investigation.
Categories: Legal

Arkansas Fire Suit Headed for Trial

Firelawblog.com - Thu, 06/08/2017 - 18:06
A lawsuit filed by property owners whose building in Nashville, Arkansas was demolished in 2010 after fire destroyed a neighboring building will finally have their day in court. Carl and Justin Johnson, who owned “Collectible Corner”, filed suit back in 2011 claiming city and fire department officials were responsible for the unnecessary destruction of their building
Categories: Legal

Sacramento Firefighter Accused of Inappropriate Contact With Patient

Firelawblog.com - Wed, 06/07/2017 - 19:55
A Sacramento firefighter has been charged with misdemeanor sexual battery stemming from an April 1, 2017 EMS incident. Jared Evans was arrested earlier this week following a police investigation that began in mid-April after a fire department paramedic intern accused him of inappropriately touching a female seizure patient.
Categories: Legal

Los Angeles Settles Da Vinci Fire Suit

Firelawblog.com - Wed, 06/07/2017 - 19:24
The City of Los Angeles has agreed to accept $400,000 from the developer of an apartment complex in settlement of what had been a $20 million lawsuit arising out of a 2014 fire. The fire destroyed the seven-story Da Vinci Apartment complex that was under construction at the time and damaged nearby buildings.
Categories: Legal

Colorado Fire Protection District Sues Over Diversion of Funds To Redevelopment Agency

Firelawblog.com - Tue, 06/06/2017 - 20:16
A Colorado fire protection district has filed suit claiming a county is illegally diverting tax revenue from the district to an economic development agency. South Metro Fire Rescue Fire Protection District filed suit today in Douglas County District Court claiming that Douglas County has been misallocating tax revenue to benefit the Parker Authority for Reinvestment.
Categories: Legal

Lynchburg Facing Sexual Harassment Suit

Firelawblog.com - Mon, 06/05/2017 - 20:32
The City of Lynchburg, Virginia is facing a sexual harassment lawsuit by a former female firefighter who claims she was subjected to a sexually hostile work environment culminating in her decision to resign in 2015. Ruth Anne L. Phillips alleges she was subjected to “unlawful employment discrimination and hostile work environment based on age, gender, sex, sexual harassment, assault, and retaliation."
Categories: Legal

Houston Firefighters Retirement Fund Sues City Over Funding

Firelawblog.com - Sun, 06/04/2017 - 18:41
The Houston Firefighters Relief and Retirement Fund filed suit last week against the City of Houston, its mayor and the city council seeking to challenge pension reforms enacted by the state legislature that allow the city to reduce its annual pension contribution.
Categories: Legal

Podcast 21: Prince George’s County Fireground Altercation Case – The Lawyer’s Edition

Firelawblog.com - Thu, 06/01/2017 - 19:52
In this episode, Curt and attorney Brian Bregman discuss the complicated legal issues associated with disciplinary investigations where the accused firefighters are potentially subject to criminal liability – and may have a 5th Amendment Right to remain silent.
Categories: Legal

NJ Chief Pleads to Child Pornography Charges

Firelawblog.com - Wed, 05/31/2017 - 18:32
A New Jersey fire chief who was arrested in 2015 for sharing child pornography over fire department computers, has pled guilty. Former Audubon Park fire chief John Terruso pled guilty yesterday to second-degree distribution of child pornography and third-degree possession child pornography.
Categories: Legal

Fire Chief’s Conspiracy Suit Settles in PA

Firelawblog.com - Tue, 05/30/2017 - 19:57
A lawsuit filed by a Pennsylvania fire chief accusing a borough, its former police chief and its former council president of conspiring to create false allegations and criminal charges has been settled. Fire Chief Daniel Smith accused former Upland Borough council president Ed Mitchell and former Upland Borough Police Chief Nelson Ocasio of fabricated a smear campaign against him.
Categories: Legal

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