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Bizarre Tucson Sexual Harassment Claim Settled for $125k

A bizarre male-on-male sexual harassment claim made by a paramedic against a captain in the Tucson Fire Department has resulted in a $125,000 settlement.

Paramedic firefighter Cody Jenkins claims that he was physically assaulted and harassed three times by Captain Roger Tamietti on November 9, 2012 while working at Station 7.  The three incidents were:

  • At about 10:00am when Jenkins returned from a run, Tamietti tackled him knocking him onto a couch where he "forcibly humped and ground" against Jenkins while holding him on a couch.
  • Jenkins claims after the first incident, he felt dirty and violated so he took a shower.  He claims that while walking back to his room wrapped in a towel, Tamietti swatted him on his buttocks.
  • The third incident allegedly occurred when Jenkins was working on the computer in Captain Tamietti's office. Jenkins said Tamietti came up behind him and rubbed his groin against the back of Jenkins’ head. When Jenkins pulled his head away Tamietti allegedly pulled it back against his groin.

Jenkins filed a complaint against Captain Tamietti and an investigation was initiated. Tamietti claimed he was merely engaging in “horseplay”, denied committing any lewd acts, and said he was just trying to make Jenkins feel like one of the guys.

According to the Arizona Daily Star, the investigation concluded that:

  • “Homophobic and racial slurs [are] used frequently by TFD employees.
  • “Tamietti once jumped out of the shower naked and surprised a firefighter. He called the firefighter a "meat-gazer" for looking at him.
  • “Tamietti exposed himself to another firefighter for no apparent reason.
  • “Tamietti and two other firefighters did a gyrating dance in their underwear two to three inches from a firefighter who was making a salad dressing for dinner.
  • “Butt-slapping was common.”

Tamietti was demoted to firefighter for acting “inappropriately”.  He is appealing the demotion claiming the penalty is “excessive” and based on exaggerations by Jenkins. He has also been charged criminally with three misdemeanors alleging assault and harassment.

Last February, Jenkins filed a $500,000 civil claim with the city, alleging he "sustained serious and ongoing psychological damages and injuries" and "sustained a loss of earnings and is psychologically unable to go back to work due to his fear of further retaliation."

The claim also alleges Jenkins was bullied and harassed several years ago at Station 7 while on probation. Jenkins claims he was duct-taped to a pole, intentionally tripped by other firemen, and subjected to verbal abuse.

While normally a civil claim is merely a procedural formality necessary before someone can file a lawsuit against a governmental entity, the Tucson city council took up the matter and agreed to compensate Jenkins $125,000

The Arizona Daily Star quoted Councilman Steve Kozachik as saying "These guys need to act like professionals and not adolescents. … It's not summer camp. That childish behavior is costing taxpayers $125,000."

More on the story.

 

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Posted in Civil Suit, Criminal Law, Disciplinary Action, Discrimination, Sexual Harassment, Sexual misconduct, You Can't Make This Stuff Up

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1 comment Posted by on May 13, 2013

Pennsylvania Treasurer Accused of Stealing $129k from Fire Company

The treasurer of the Hershey Volunteer Fire Department has been charged with stealing $129,864 from the fire company over a little more than a year’s time.

Thaddeus Lee Austin, 30 was arraigned today on charges of theft by deception and theft by failure to make required deposits. He remains in prison in lieu of $60,000 bail.

The fire company president noticed the problem in March and police were able to figure out what happened through a forensic audit. The audit revealed that Austin wrote fire department checks payable to himself and opened a debit card account from which he paid personal debts.

Austin was elected treasurer in January, 2012, meaning that he stole the money in just 14 months time. Fire Company President David Stough, who first discovered the financial irregularities, told the media:

"We would like to ensure the public that we have taken steps to secure our finances, and have implemented, and will continue to implement, more stringent financial controls. In the past, we have been a close-knit organization and extended trust to our officers as our brothers.

"This incident has brought the department together in the desire to continue our primary mission of serving our community, while at the same time instituting these tighter controls. We are fully insured for this loss, and will be working with our carrier to recover the missing sums in the near-term. We thank the community for their continued support or our operations and fundraising efforts."

More on the story.

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Posted in Criminal Law, Disciplinary Action, Theft in the Volunteer Fire Service, Volunteers

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No comments Posted by on May 10, 2013

Former Velarde Acting Chief Indicted on Weapons Charges

The former acting fire chief from Velarde, New Mexico has been indicted on seven felony counts associated with his brandishing a firearm at a fire company meeting last August.

Darwin Yazzie, 28, has been charged with five felony counts of aggravated assault with a deadly weapon and two felony counts of child abuse. The child abuse charges appear to relate to the fact that children were present when the behavior took place.

Yazzie faces the possibility of 13 years in prison.

More on the story. Note: the news outlets inaccurately state the incident occurred in August 2011… it was last August, 2012.

BTW – There are somewhere around 32,000 fire departments of various sizes in the United States. Fire Law Blog regularly features cases from large departments like FDNY, DCFD, or LAFD, which is to be expected. However, this headline represents the SEVENTH time that the Velarde Fire Department has been featured in a law related story. Here are the listings.

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Posted in Criminal Law, Disciplinary Action, Politics, Volunteers, You Can't Make This Stuff Up

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No comments Posted by on May 8, 2013

Jury Awards Two Camden Firefighters $596k for Discrimination

Two Hispanic firefighters from Camden have been awarded $596,000 by a New Jersey jury for discrimination.

Firefighters Andres Nieves, 48, and Samuel Munoz, 34, claim they were subjected to a hostile work environment and they were unfairly passed over for promotion to captain in 2009 because they are Hispanic.

Back in 2009 Nieves and Munoz were next up on the promotion list when it expired. There were vacancies at the time but the promotions were not made until a new list was established.

Among the other allegations according to Philly.com, Munoz claims at fires he was unfairly required to spend too much time on the nozzle without a break. [Did I really say that with a straight face…]

Last Thursday, a state court jury awarded Nieves $390,000 in damages and Munoz's $206,000. The awards were intended to compensate the firefighters for lost wages, compensation for retaliation, and damages for having to work in a hostile environment.

More on the story.

 

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Posted in Civil Suit, Constitutional Rights, Discrimination, Municipal Liability, Politics, Promotions

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No comments Posted by on May 7, 2013

Texas Firefighter Sues For Comp Disability

A Texas firefighter who was terminated while recuperating from a back injury has filed suit seeking $1 million in damages.

University Park Fire Department Paramedic Brad Tucker, 31, was injured on October 20, 2011 while lifting a patient. He had been on workers compensation recuperating until February 2012 when the City of University Park stopped both his compensation and medical coverage.

According to the lawsuit, the city acted “unilaterally and without any legitimate basis”. The city is self-insured for comp purposes.

Tucker retained an attorney who appealed the decision to the Texas Board of Insurance, Workers Compensation Division.  The Workers Comp Division ordered the city to reinstate both Tucker’s compensation and health benefits.

Thereafter Tucker was ordered to report to fire department headquarters, where he was told he had to either report for full duty by November 2, 2012, or face termination. Unable to return to full duty he was terminated on November 2, 2012.

Tucker promptly filed a claim of disability discrimination with the EOOC and the Texas Workforce Commission, who issued a right to sue letter in April. His lawsuit was filed last week alleging disability discrimination under federal and state law, wrongful termination, and retaliation.

Here is a copy of the complaint. Brad-Tucker-v-University-Park


 

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Posted in ADA, Civil Suit, Discrimination, EMS, Municipal Liability, Workers Compensation

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1 comment Posted by on May 6, 2013

Chicago Settles Sex Discrimination Suit Over Abilities Test

 

A settlement has been announced in the 2011 gender discrimination case involving the Chicago Fire Department.

The suit, Vasich v. City of Chicago, alleged that the department’s physical abilities test unlawfully discriminated against women because it had a disparate impact on women candidates and was not sufficiently job related.

The lead plaintiff, Samantha Vasich, claims she rigorously prepared for the test, including hiring a personal trainer to assist her, to no avail. The class action suit was filed in federal court.

Attorney Marni Willenson, who represents the plaintiffs, said that under the settlement 138 women who previously failed the physical abilities test will be allowed to reapply or receive a portion of a $2 million payment.

As part of the settlement the city has agreed to adopt the Candidate Physical Ability Test (CPAT), developed by the IAFF.

Despite the fact that the settlement still must be approved by the city council and the judge, the women have been informed that may reapply beginning Monday, May 6, 2013

It is unclear from the news reports whether this settlement will resolve the 2012 suit Godfrey vs. City of Chicago. That suit was brought by twenty African-American female firefighters who where granted a preference under the Lewis v. City of Chicago (race discrimination) settlement, but failed the physical abilities test. All twenty Godfrey plaintiffs are plaintiffs in the Vasich case.

More on the Vasich case.

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Posted in Civil Suit, Constitutional Rights, Discrimination, Municipal Liability, Negligence, Politics

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4 comments Posted by on May 5, 2013

Oklahoma Firefighter Arrested for Facebook Threats to Cop

 

A firefighter from Ada, Oklahoma has been arrested for allegedly directing threats on Facebook at a police officer who arrested his wife.

Vincent Jason Smeltz, 42, was arrested Tuesday on charges that he used a computer system to inflict fear of injury or death to Police Officer Brad Rhoads. Smeltz was released on $5,000 bond.

On April 24, 2013, Officer Rhoads arrested Laura Smeltz for public intoxication.  FF Smeltz allegedly went to the scene of the arrest and attempted to intervene. Officer Rhoads asked him to leave the scene 21 times. FF Smeltz then followed Officer Rhoads to the Pontotoc County Justice Center where he asked Sergeant Jason Potter to intervene.

Between the arrest on April 24 and April 28, FF Smeltz alleged made a number of posts directed at Officer Rhoads and Sergeant Potter. Among the posts listed in the media were:

  • “I want brad Rhoads head. I'm just getting started. I want your job Rhoads." [Sic]
  • "Fire brad Rhoads." [Sic]
  • "ada pd do not park across the street from my house for your speed trap. I don't want to be associated with your corruption. Stay away or I'll push you down the street."

According to the police affidavit, Officer Rhoads claims that the posts placed him in fear of physical harm or death.

Ada Fire Chief Marion Harris was quoted as saying "The firefighter in question has been placed on dispatch duty assignment and that's just a precaution until we can figure out what's going on and determine the allegations."

 

 

 

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Posted in Criminal Law, cyber-casualty, Disciplinary Action, Police-Fire, Social Media, You Can't Make This Stuff Up

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8 comments Posted by on May 2, 2013

Court Upholds $3 million Cut From New Jersey Firefighter’s Verdict

A New Jersey firefighter who was awarded $3.5 million by a jury last year for a whistleblower violation will have to settle for $500,000, according to a three judge panel from the Superior Court Appellate Division.

Ridgewood firefighter Kevin Reilly claims he was passed over for promotion to lieutenant because he reported that his superiors violated safety requirements. In 2012 a superior court jury agreed he was retaliated against, and awarded him $3.5 million in damages.

That verdict was subsequently reduced to $500,000 by Judge Menelaos Toskos who characterized the award as “shockingly high.”

Reilly appealed the reduction and yesterday the Appellate Division affirmed Judge Toskos’s decision calling it “comprehensive and thoughtful.”

More on the story.

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Posted in Civil Suit, Municipal Liability, Occupational Safety & Health, Promotions

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No comments Posted by on May 1, 2013

Settlements Announced in Virginia Double LODD Accident Case

A civil suit arising out of a double LODD apparatus accident in 2010 in Rocky Mount, Virginia, is one step closer to being resolved as two of the three parties have resolved their claims.

The accident occurred on July 26, 2010 when an engine driven by Fire Chief Posey W. Dillon, of the Rocky Mount Fire Department collided in an intersection with a vehicle driven by Teri Anne Valentine. The apparatus was responding on mutual aid to a reported structure fire in a neighboring community.

Chief Dillon and Firefighter William D. Altice died in the accident. Neither were wearing seatbelts and both were ejected. A Virginia State Police investigation concluded that Ms. Valentine had the green light at the time of the accident.

Last year FF Altice’s estate sued Ms. Valentine and Chief Dillion’s estate for $2 million alleging both were grossly negligent in driving their respective vehicles. Chief Dillon’s estate and Ms. Valentine filed cross-claims against each other, each alleging the other was responsible..

The settlement announced today involves the cross claims between Chief Dillon’s estate and Ms. Valentine. The terms of the settlement have not been released.

FF Altice’s suit remains on schedule to be tried in September, 2013.

More on the story.

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Posted in Apparatus, Civil Suit, LODD, Municipal Liability, Negligence, Volunteers, Wrongful death

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No comments Posted by on April 30, 2013

State OSHA Citations Resurface Against Buffalo Fire

State OSHA citations issued against the Buffalo Fire Department six months ago have resurfaced as collective bargaining heats up between the city and the firefighters’ union.

The citations include two serious violations:

  • emergency escape and self-rescue components not being inspected monthly
  • lack of annual medical exams for hazmat techs

According to WIBV.com, the city has been accruing fines of up to $200 per day for the last six months for these violations. The citations were issued by the New York Department of Labor, Division of Safety & Health.

Firefighter union reveals violations

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Posted in Labor Law, Occupational Safety & Health, Politics

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No comments Posted by on April 29, 2013