Fire Law Roundup for February 7, 2022

In this episode, Bill Maccarone and Curt discuss last week’s headlines, including an FLSA lawsuit out of Tulsa, OK; the settlement of a race discrimination suit out of Everett, WA; the dismissal of the federal claims against Miami-Dade Fire Rescue over an EMS run; a Massachusetts Civil Service ruling overturning the termination of a deputy chief, but demoting him to firefighter; and the filing of a COVID-related wrongful death suit against an Oregon fire department.

About Curt Varone

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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Tennessee Chief Alleges Termination was Retaliation

A Tennessee fire chief who was terminated earlier this year, has filed suit alleging he was retaliated against for reporting a former employee who self-deployed to a reported school shooting with an AR-15. Former Columbia Fire Chief Ty Cobb filed suit naming the city of Columbia and City Manager Tony Massey as defendants.

Court Holds FDNY Not Liable in EMS Dispatch and Transport Case

The Appellate Division of the New York Supreme Court has ruled as a matter of law, that FDNY cannot be held liable for their initial decision to dispatch a basic life support ambulance as opposed to paramedics to an incident scene, or the later decision of EMTs to await the arrival of paramedics rather than transport a patient immediately to the hospital.