Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A captain with the Patterson, New Jersey fire department has filed suit against the city, the mayor and the fire chief claiming he has been treated unfairly and denied a provisional promotion to battalion chief in retaliation for his complaining about the city’s failure to comply with certain legal requirements.
Steven Crampton filed suit in Passaic County Superior Court last month. The case was removed to US District Court for the District of New Jersey last week because it included one federal Monell – due process count in addition to six state law counts.
Captain Crampton alleges that the chief had been hostile toward him going back to 2010, but more recently blocked him from becoming a battalion chief by allowing provisional promotions to two other captains to extend beyond the twelve months permitted by New Jersey civil service rules. Quoting from the complaint:
- On or about June 24, 2021, Captains Salvatore Brigati and Steven Diarco were appointed Battalion Chiefs of the Paterson Fire Department on a provisional basis.
- On May 21, 2022, the examination for the position of Battalion Chief was administered by the New Jersey Civil Service Commission and Plaintiff sat for this examination.
- Plaintiff passed the examination.
- Captains Salvatore Brigati and Steven Diarco did not sit for the Battalion Chief examination.
- As a result of their failure to sit for the required examination, Brigati and Diarco should have been removed from their provisional positions as Battalion Chiefs pursuant to N.J.A.C. 4A:4-l.5.
- Pursuant, N.J.A.C. 4A:4-l.5, Plaintiff should have been appointed to the position of Battalion Chief on a provisional basis.
- In violation of N.J.A.C. 4A:4-l.5, Defendants failed to promote Plaintiff to the position of provisional Battalion Chief.
- By correspondence dated October 7, 2022… Plaintiff through counsel addressed Defendants’ failure to promote Plaintiff to Battalion Chief on a provisional basis. There was no formal response to the correspondence and Plaintiff was not promoted.
- As a direct result of Defendants’ wrongful conduct, Plaintiff has been deprived of employment rights and other rights, has lost wages and seniority benefits, and other emoluments of the position denied.
- Plaintiff has sustained injuries to his reputation and to his employability.
- Plaintiff has also suffered emotional distress, pain and suffering. Further, Plaintiff has been compelled to retain an attorney to vindicate his rights.
The suit alleges a violation of New Jersey’s Conscientious Employee Protection Act; violation of New Jersey’s constitutional protections of free speech and assembly; retaliation in violation of public policy; a violation of the New Jersey Civil Rights Act; intentional infliction of emotional distress; and a Monell claim.
Here is a copy of the removal notice and original complaint:
