NYS Paramedic Facing Disciplinary Charges from State, Asserts Right to a Jury Trial

A New York State paramedic who is facing revocation of his EMT/Paramedic license from the New York State Department of Health has filed a suit in state court seeking to block the state’s ability to impose discipline without a jury trial. Justin Ball filed suit yesterday in Schoharie County Supreme Court naming the NY State Department of Health and the NY State Attorney General as defendants.

Ball is accused of negligently treating (or failing to treat) a patient and for abusing the patient while working for the Town of Catskill. The events were caught by doorbell and security cams that went viral on social media. Here is our earlier coverage.

According to the complaint, Ball claims that based on recent case law from the US Supreme Court, he has the right to have his disciplinary hearing held in a real court with a real judge, a jury to do the fact finding, use of the standard rules of evidence, and the same burden of proof utilized in civil cases, none of which happens when the state seeks to discipline EMS personnel.

If decided in the paramedic’s favor, this would remove the ability of the NY State Department of Health to discipline emergency medical technicians utilizing administrative law judges/hearing officers. These hearing officers currently conduct proceedings without regard to the rules of evidence, under a very low burden of proof. This could result in a landmark decision that would limit the ability of the state to discipline its licensed providers without a constitutionally guaranteed right to a jury trial.

The suit is premised on a recent US Supreme Court decision, Securities and Exchange Commission v. Jarkesy, decided on June 27, 2024. Here is a link to the case. In that ruling the Court held that when a federal administrative agency seeks to impose a civil penalty or fine upon an accused individual, and the charges against the accused individual resemble the claims that could be brought by a regular citizen in a trial court, that the US Constitution’s Seventh Amendment guarantees a right to a jury trial. Ball argues that the NY State Constitution similarly guarantees a right to a jury trial under the same circumstances.

If Ball is successful, this ruling would upend state administrative disciplinary proceedings in numerous state agencies in New York State, not limited to New York State’s OSHA (PESH), the Division of Human Rights, and several other agencies. It could also impact similar disciplinary systems in other states.

Here is a copy of the complaint, brought by firefighter-attorney Brad Pinsky.