Mass Firefighter Sues Claiming Termination Violates First Amendment

A Massachusetts firefighter who was terminated last year for working while off-injured, has filed suit in federal court claiming that his discipline was actually retaliation for exercising his First Amendment rights.

Andrew Davison was a firefighter in Sandwich, Massachusetts and co-owner of Cape Cod BioFuels, Inc. He was terminated by the Town of Sandwich in April, 2014 following charges that he was working for Cape Cod BioFuels while on injury leave from the fire department.

In a suit filed last week in US District Court, Davison claims that his discipline was actually retaliation his political opposition to a proposal for a $30 million public safety complex. In particular, a sign he posted on his property objecting to the proposal resulted in requests from both the fire department and union leadership to remove it. The discipline followed shortly thereafter, even though the department had no prohibition against working a secondary job while off injured.

The suit was filed by Davison and Cape Cod BioFlues, Inc., and names the town, retired Fire Chief George Russell, retired Deputy Fire Chief Thomas Corriveau, Town Manager George “Bud” Dunham and former fire Lt. Jason Viveiros. According to the suit, Lt. Viveiros was the union president and is now fire chief in Halifax, Massachusetts.

From the complaint:

• The Town of Sandwich Fire Department (the “Department”) is a public department that is in disarray, where favored firefighters can violate the rules and the law with impunity and disfavored firefighters get punished for the very same conduct.
• Any person within the Department who opposes the Department’s favored position on matters of public concern or who simply has the temerity to argue for compliance with the law, faces threats, intimidation, coercion, and retaliation.
• At all times, the Town has been well-aware of the misconduct of its supervisors in the Department and, as a matter of long-standing practice, the Town chooses to ignore the misdeeds and instead chooses to punish those who exercise their rights.

The complaint includes four counts:

1. Violation of 42 U.S.C. §1983 – (Constitutional rights violation)
2. Violation of Mass General Laws c. 12 §§11H and 11I (state law constitutional rights plus US Constitutional rights violation)
3. Violation of Mass General Laws c. 41 §111F – the firefighter’s workers comp statute
4. Civil conspiracy

Davison is seeking reinstatement, compensatory damages, punitive damages, and attorney fees.

Here is a copy of the complaint: Davison v Sandwich