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Pension Benefits Case Raises Complex Issues in San Diego

Ron Saathoff, the president of the San Diego firefighters union has sued the city of San Diego, asking it to honor his retirement benefits that were canceled two years ago after an investigation by the IRS concluded that it violated federal tax laws. Saathoff's suit asks the Superior Court to order the city to repeal an ordinance that canceled his benefits and pay him what has been owed from 2002 through 2008, with interest.

At issue is a “presidential leave” benefit. In 2002, the city agreed to let Saathoff combine his salary as union president with his salary as a city worker for the purposes of determining his pension. The creation of that benefit is part of two criminal proceedings involving Saathoff and other former members of the city pension board. The cases, (one in state court and one in federal court), accuse Saathoff and others on the retirement board with self-dealing and fraud stemming from the board's approval of a city proposal to permit the city to put less money into the pension fund than required, in exchange for additional in benefits in labor contracts. According to the San Diego Union-Tribute, prosecutors in both cases allege Saathoff got the benefits in exchange or his support of the underfunding deal.

In response to the IRS investigation, the city enacted an ordinace eliminating the "presidential leave" benefit, as well as other benefits previously agreed to. A group of other firefighters are also challenging the city's action in the same law suit.

Posted in Civil Suit, Conflicts of Interest, Labor Law

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Captain’s Parents Sue for Daughter’s Death

The parents of the Colerain Township Fire Department captain killed in the line of duty on April 4, 2008, have filed suit against a host defendants. Captain Robin Broxterman was killed along with FF Brian Schira when they became trapped in a house fire on Squirrelsnest Lane. The basement fire was later ruled accidental. The suit alleges that a number of factors and defendants contributed to Captain Broxterman’s death, including:

  • The homeowners – due to an illegal marijuana growing operation in the basement;
  • An unnamed manufacturer and installer of a part that connected the home's furnace to a natural gas line that failed, further fueling the fire;
  • An unnamed manufacturer and/or distributor of the fan that started the fire;
  • Motorola – Broxterman, the suit alleges, repeatedly made radio "mayday" calls for help but wasn't heard or understood because of the faulty equipment;
  • Morning Pride/Honeywell – because her PPE allegedly failed to protect her;
  • An unknown manufacturer of the “beeper” device [we assume this refers to the PASS Device] worn on her SCBA, that failed.

The suit does not name the fire department or any of its members as defendants.

Additional story.

Posted in Civil Suit, Negligence, Product Liability

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New Haven Case Takes Another Step Forward… we think….

The beleaguered and litigation weary New Haven Fire Department took another step closer to resolving the contentious and demoralizing fight over promotions that has been going on for five years. Under order from the United States Supreme Court, the U.S. District Court in Connecticut ordered the department to certify the promotional lists for captain and lieutenant, and promote 14 of the original 20 members who claimed to be aggrieved when the department threw out the list because the racial make-up of the list did not include enough black candidates.

Judge Janet Bond Arterton issued the order on Tuesday, November 24, 2009, and without regard to the suit filed recently by black firefighters who claim the use of the list violate their Constitutional Rights. More on that story.

Posted in Civil Suit, Discrimination

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Open Records Law Suit in California

The Anderson Fire Protection District, in Anderson, California has been sued by The Record Searchlight to obtain an investigator's report on the conduct of its former fire chief. Attorney Walter McNeill, filed the lawsuit on behalf of the newspaper in Shasta County Superior Court seeking documents regarding  the district's investigation into ex-Fire Chief Joe Piccinini.

The Record Searchlight had previously sought information under the state's Public Records Act about the investigative report regarding allegations of mismanagement and misconduct of Piccinini, but were unsuccessful. Piccinini was placed on paid administrative leave in May, and resigned on July 1. The lawsuit alleges that the report is a public record, but fire protection officials say it falls under an exemption in the Public Records Act.

Neither Piccinini nor the fire board had offered an explanation for the resignation or the findings of the investigation, which cost the city $41,000.

More stories. More.

Posted in Civil Suit, Open Records Laws

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Louisville Firefighters Days Away from $45 mil. Payday

The Metro Louisville Council gave final approval last Thursday, November 19, 2009 to a plan that will effectively settle two law suits and pay upwards of $45 million in back overtime wages to Louisville firefighters. It is estimated that nearly 800 firefighters will be impacted by the settlement. One law suit dates back 9 years, while the other dates back 15 years. Both involve the overtime provision of the Federal Fair Labor Standards Act (FLSA) and Kentucky's Wage and Hour Laws.

The crux of the case involves the proper calculation of overtime by the city. The first installment will be paid by Metro government on December 1, 2009.

Posted in Civil Suit, FLSA, Wage and Hour

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Age Discrimination Case Settled on Long Island

An unusual age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of 17 volunteer firefighters on Long Island has been settled.

 

In a suit filed nearly a year ago, the EEOC alleged age discrimination in the method by which the Easton’s Neck Fire District credited length of service awards. The fire district refused to let volunteer firefighters over age 65 accrue credits in their retirement benefits program. The settlement announced on Thursday, November 5, 2009 requires the Easton’s Neck Fire District to pay $213,840 to a group of 15 firefighters who will receive retroactive payments, and some others will be getting an increased monthly contributions to the retirement program. More on the story.

Posted in Civil Suit, Discrimination, Volunteers

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Murder Conviction for Death of EMT

Joseph Taye of Bear, Deleware, was convicted of first degree murder today in the tragic death of Michelle Smith, a 29-year-old emergency medical technician with the Delaware City Fire Company. Smith was killed on December 20, 2008, while attending to a patient at a motorcycle accident on the side of U.S. 13 in New Castle, Deleware.

Taye, a paraplegic, was operating the pedals of 2004 BMW 750 with a stick. He fled the scene with the help of another driver. Originally charged with manslaughter, second-degree assault, driving while his license was revoked, leaving the scene of a crash and failure to report a crash, the manslaughter charge against Taye was upgraded on December 30, 2008, to first-degree murder because Smith was deemed to be performing her duties as a firefighter at the time. According to the Middletown Transcript, the first degree murder conviction will result in an automatic life sentance for Taye.

On July 31, 2009, Deleware Governor Jack Markell signed into law legislation making it a capital offense for anyone to have recklessly caused the death of an on-duty paramedic, EMT, fire marshal or fire police officer. A current law already covers law enforcement, correctional officers and firefighters. We will have to watch this law closely to fully understand its consequences. Certainly when one considers cases such as the 30 Mile Fire manslaughter case against the Incident Commander Elreese Daniels, or the conviction of Alan Baird in New York for the live burn fire death of another firefighter, what starts out as a law with the best of intentions could come back to haunt us. It would be tragic indeed if firefighters find themselves in the cross-hairs of such a law based on the instantaneous decisions we all have to make at emergency scenes.

Posted in Criminal Law

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Paramedic Sentenced to 12 Years for Assaulting Patient

Alan Miller, 31, an ambulance paramedic for Denver Paramedics, was sentenced to 12 years in prison for second-degree assault on a patient he was transporting, and filing a false report. On January 3, 2009, Miller's ambulance was transporting Tim Smith, 39, to Denver Health Medical Center after he had suffered a seizure. Upon arrival at the ER, Smith was found to have suffered fractures to his skull, nose and eye socket.

While news reports of the events differ, Miller at one point blamed a police officer for Smith's injuries, as well as claiming he acted in self defense. The officer was cleared after an internal affairs investigation. Testimony from a fellow paramedic established that the injuries were caused by Miller’s over reaction to Smith’s struggling against his restraints. In sentencing Miller to 12 years in prison, the judge took note of the fact that Miller tried to evade responsibility for the offense by blaming an innocent police officer.

Denver Paramedics is a non-fire based EMS provider, and a division of the Denver Health and Hospital Authority.

Posted in Civil Suit, Criminal Law, EMS

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Another Firefighter Charged with Arson

Another firefighter has been charged with arson, this time a paid-on-call firefighter in Presque Isle, Maine. He is accused of setting a fire at Northeast Packaging Co., where he was also employed. The fire last Friday, November 13th, 2009, destroyed the 150 by 300 foot warehouse. Over 50 firefighters from 6 area departments responded.

Following his arrest, the 25 year old suspect was suspended from the fire department. The department reported that it already had policies requiring background and reference checks for new members.

Posted in Arson, Criminal Law

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West Virginia Firefighters Charged with Arson

Four volunteer firefighters from Logan County, West Virginia have been arrested on arson charges. The three adults and one juvenile, along with two non-firefighters, were charged in connection with several fires in the Buffalo Creek area that occurred last spring.

Channel 8 News in Charleston (Eyewitness News) quoted Deputy Fire Marshal Reed Cook as saying that there have been 40 firefighter-arson arrests in West Virginia so far this year. The cases have sparked a backlash by firefighters who are angry and upset that all firefighters in the state are being unfairly cast. However, Channel 13 News is quoting State Fire Marshal Sterling Lewis as guaranteeing more arrests by year's end.

Posted in Arson, Criminal Law

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$2.5 Million Verdict Against Fresno

A Federal District Court jury in California awarded a mother $2.5 million for sex discrimination arising from her departure from the Fresno Fire Department. The woman, Michelle Maher, was a Fresno Fire recruit in 2005, but alleges she was discriminated against and forced to leave the fire academy in part because she was a single mother.

The verdict was announced on Friday, November 13, 2009 after a three week trial. Channel 47 has video coverage of the verdict including a brief interview with Maher.

Posted in Civil Suit, Discrimination

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On the lighter side

Posted in Humor

New Twist in Chopmist Hill Case

A new twist arose this week in the ongoing controversy between the Chopmist Hill Volunteer Fire Department and the Town of Scituate, RI. The lawyer for the town's insurer, Marc DeSisto, has asked that the case be removed from State Superior Court, to Federal District Court.

DeSisto represents the Rhode Island Interlocal Risk Management Trust, who insures the town. The stratetgy behind the move to Federal Court remains open to interpretation. According to the Valley Breeze, the court documents say the move is because the fire department has alleged civil rights violations. Yet the lawyer for Chopmist Hill, John L.P. Breguet, speculated to the Valley Breeze that it may be a delaying move on the part of the town. Ironically, cases usually move forward faster in Federal Court than in state court.

Definitely getting interesting!

Posted in Civil Suit, Municipal Liability

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Black Firefighters Sue Local 22, Philadelphia Firefighters

A group of black Philadelphia firefighters filed suit on November 11, 2009 against their union, IAFF Local 22, alleging race discrimination. The group, named the Club Valiants, is seeking class action status on behalf of aproximately 500 African-American firefighters in Philadelphia.

The suit alleges that the union does not fairly represent the interests of black firefighters, and has been "racially harassing and abusive". Among the specific allegations, the suit cited the fact that the union's internet message board has been used to mock and denigrate blacks.

According to an article in Philly.com, a related issue in the suit is the involvement of a group referred to as CAFFA. Philly.com reported that sources in Philadelphia claim the group's name is "Concerned American Fire Fighters Association", but in the past CAFFA stood for "Caucasian American Fire Fighters Association". The suit alleges that at least three of the union officials in the Philadelphia firefighters union are members of CAFFA. CAFFA and the city of Philadelphia are also named in the suit.

Posted in Civil Suit, Discrimination, Labor Law

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More Litigation for Decatur County Fire & Rescue

Suit was recently filed by a former Decatur (GA) County Fire & Rescue firefighter, Cynthia G. Harrell, claiming sexual discrimination, harassment, pay discrimination, and other civil rights violation. The 90 page complaint was filed in US District Court, and comes on the heels of two previous suits tied to sex discrimination and harassment.

In a suit settled in 2006, former DCF&R firefighter Michele Lagace received $175,000 for employment discrimination. In a separate suit, several male firefighters who supported Lagrace claimed they were retaliated against, being awarded $250,000 each in April of 2009.

For more on the story.

Time to open the checkbook.

Posted in Civil Suit, Discrimination, Sexual Harassment

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Westbrook Fire Department Sued Again for Sexual Harassment

If you read the newspapers across the country, you cannot help but notice that sexual harassment suits against fire departments seem to be running rampant. If you talk to male firefighters in many departments, they are quick to blame the women for creating the problems themselves.

My personal observation is that male firefighters tend to fix blame in a particular situation on a particular female based on particular facts. I have heard the rationalizations for why in “this case” “this woman” is unqualified, or “difficult to get along with”, etc. etc. etc. “Honest Chief, its not us”. However, when you look across the country at the magnitude of the problem, it becomes obvious that there is more to the story. What is causing the epidemic of sexual harassment cases in the fire service? As an attorney, I hate to speculate, but at the same time I cannot help but think of Malcolm Gladwell’s book, Blink, for one explanation. If you haven’t read it – do it – now!!! It should be required reading for any fire officer.

Be that as it may, another in a long line of sexual harassment cases has been filed against the Westbrook, Maine Fire Department, by two female firefighters. Their suit follows several others in the past fifteen years in Westbrook. The two firefighters have been off on administrative leave that has cost Westbrook over $100,00 in overtime to fill their vacancies, thereby creating another impact to the department in these tough economic times. The case will likely take years to play out, taking a further toll on the department in terms of morale and public perception.

I am sure the male firefighters involved in the Westbrook case have their explanations and rationalizations.  But I can’t help thinking there has to be a better way.

Posted in Civil Suit, Sexual Harassment

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Volunteers Versus the Town: What is Next

A very interesting case has been developing in Scituate, Rhode Island between a volunteer fire company, and the town. While the underlying facts and motives are unclear, on September 22, 2009 the town took steps to close the Chopmist Hill VFD, evict the members, and order its reorganization. On October 30, 2009, the fire company obtained a court order restoring their control over the premises.

In the latest twist, the company is alleging that upon their return to the station they discovered that smeone had removed a lock on a file cabinet containing medical reports from EMS runs, and left the reports lying on top of a desk. The medical reports contained confidential patient information subject to Federal Health Insurance Portability and Accountability Act (HIPAA), and those who violate the law could face civil and criminal penalties.

This case raises so many issues, such as: was the town justified or did they try to close the company for unlawful reasons? Even if the town was justified, did they have the legal authority to do what they did, and did they do it in a lawful manner? And what about a possible violation of HIPAA?

It will be interesting to follow the case to its conclusion.

Posted in Civil Suit, General legal issues, Politics, Volunteers

Another Problem with Canine Identifications

On Monday of this week I blogged about the case of a Riverside, California man who spent two years in jail on arson charges that were largely based upon scent evidence obtained using a device known as a scent transfer unit. In theory, the scent transfer unit collects a perpetrators scent from evidence at a scene, deposits it on a gauze pad, which can then be given to a canine to facilitate the tracking of the suspect. The validity of this practice has come under a great deal of scrutiny as seeming innocent people are being charged and in some cases convicted of crimes.

 

On the heels of these tragic cases, comes a further unsettling report on the use of canines to perform “dog scent line-ups”. Reported in the New York Times, it appears that scent line-ups are being called into question following a string of cases where innocent people have been arrested and jailed based in large part on canine identification.

 

Asked to comment on a video of one scent line-up, Robert Coote, who commands a British police canine unit, said “If it was not for the fact that this is a serious matter, I could have been watching a comedy.”

 

Having had the opportunity to discuss these cases with a group of firefighters and non-firefighters at a conference today, most are astounded that in this day and age unreliable practices such as these are used by law enforcement. This sentiment may explain why juries are all too willing to accept these “quack-theories” in court to convict an innocent person: no law enforcement organization would dare use such evidence if it were not reliable. Mind you this issue is not about good intentions, or honest beliefs on the part of the proponents of these tests. That is unquestioned. The problem comes in the lack of scientific reliability to support their use.

Posted in Criminal Law, Evidence, General legal issues

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DC Fire Under Fire..Again

An interesting law suit is brewing in Washington DC over a fire that occurred in the Georgetown Library in April, 2007. The three alarm fire damaged the building that was undergoing renovations at the time, and destroyed a number of historical documents and artwork.

DC fire investigators concluded that the blaze was caused by heat guns being used by a contractor to remove paint from windows. Charred electric heat guns were found in the area of origin, along with flammable chemicals that tended to contradict the contractor’s statements that lead paint was being removed using wire brushes.

As owner of the building, the City sued the contractor for damages. The contractor disputed the City’s contention, and as the case progressed has raised a number of questions about the conduct of the investigation. In particular the case seems mired in discovery problems related to the fire inspectors providing City attorneys with needed documentation and evidence. In recent days, DC papers and bloggers have been sounding the alarm about the case.

The City Desk is quoting a City attorney as having emailed the fire investigators the following, imploring them to produce the requested information:

"This is a 13+million dollar law suit. Enough for DC to hire many firefighters, or lawyers for that matter (or avoid layoffs or furloughs). Is there nothing that can be done to get this information? The first e-mail request in this chain was sent mid-February. (Though the original discovery requests to FEMS were sent maybe as long as a year before that time). We are now facing two motions for sanctions for not providing discovery. If granted the sanctions could limit our ability to present information. We need more urgency in getting these responses than we have had so far."

We will be keeping an eye on this case as it unfolds. Unfortunately, law suits can become more about procedure than the underlying truth. When one party has a right to certain information, and the other party cannot or does not produce it, the result can be sanctions, or even a judgment, in favor of the party who was denied the information. Stay tuned.

The Georgetown Voice

The Georgetown Metropolitan

Posted in Civil Suit, Discovery

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Nevada: Parents Sued for Son’s Arson

The Clark County, Nevada School District is suing the parents of a teenager who allegedly set fire to a high school in 2008. The fire in the boys locker room at Palo Verde High School caused approximately $71,000 in damages. The damage would have been even greater had it not been for the fact the building was sprinklered.

 

The suit was filed against the youth and his parents. Under Nevada law, a parent can be held liable for up to $10,000 for the actions of a child, and with two parents the District hopes to recover at least $20,000 of the $71,000 in damages. More on the story.

Posted in Arson, Civil Suit

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Fire Officials Sued for Wrongful Arrest in CA Arson case

A Riverside, California man who was jailed for two years on arson charges, is now suing  Riverside Fire officials and a canine handler connected with building the case against him. The man, Michael Espalin, was acquitted after two trails.  He was suspected in approximately 40 arson fires.

The primary evidence against Espalin came from a bloodhound, and a “scent transfer unit” identified by the Los Angeles Times as a STU-100. The STU-100 is said to be capable of transferring human scent from an object (such as evidence at a crime scene) to a “5-by-9 inch gauze pad”, which the bloodhound can then use to track the subject. There was no physical evidence or witnesses that independently linked Espalin to the crime scenes.

The LA Times further reported that there have been several other cases where the scent transfer unit has apparently led to the arrest and prosecution of innocent people. More than $2.3 million has been paid to victims of those cases. In Espalin’s case, he was jailed for two years because he could not make bail that had been set at $500,000.

Posted in Arson, Criminal Law, Wrongful Arrest

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Camden NJ Settles Discrimination Claims for $1.15 Million

The City of Camden, New Jersey settled an eight year old race discrimination suit, as well as a three year old discrimination suit with the same plaintiffs, who are deputy chiefs in the Camden Fire Department. The settlement is reported to be approximately $1.15 million, and follows a Federal District Court jury verdict from 2004 that was in favor of the plaintiffs for over $1 million.

 

The plaintiffs, both black and both deputy chiefs, alleged they had been forced to endure a hostile work environment, and were denied overtime and promotions based on their race.

 

As reported by The Philadelphia Inquirer, the settlement includes a requirement that the fire chief,  Joseph Marini, retire this year, and that another deputy chief would retire next year. Camden fire officers would also receive racial sensitivity training.  The paper was also reporting that the City Council was seeking to borrow the entire settlement amount.

 

Some additional Links:

 

Firehouse

 

Philly.com

Posted in Civil Suit, Discrimination, Municipal Liability

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