Delaware Battalion Chief Sues City Alleging Retaliation Over Denial of Line-of-Duty Benefits

A longtime Wilmington Fire Department battalion chief has filed a federal lawsuit alleging the City of Wilmington retaliated against him by delaying line-of-duty health benefits after he served as a witness in a discrimination case against the City.

According to the complaint, Dennis Kirlin was employed by the City of Wilmington for approximately 45 years, beginning in 1978 as a firefighter. Over the course of his career, he received multiple promotions and was promoted to Battalion Chief in 2011. Chief Kirlin alleges he consistently received positive evaluations and commendations during his tenure.

The lawsuit traces the dispute back to December 2020, when Chief Kirlin participated as a witness in a disciplinary hearing involving another firefighter. That discipline, according to the complaint, was later challenged as discriminatory. The disciplined firefighter filed discrimination charges with the Delaware Department of Labor and the Equal Employment Opportunity Commission and ultimately brought a federal lawsuit against the City in June 2022. Chief Kirlin alleges he later served as a witness in that litigation.

In April 2023, Chief Kirlin was seriously injured when his department-issued SUV was struck while responding to a call. The complaint states he sustained a traumatic brain injury. His physician advised the City in September 2023 that he was not medically cleared to return to work and that his condition would be reevaluated after six months.

Before that reevaluation occurred, the City’s medical provider concluded in January 2024 that Chief Kirlin was incapacitated from performing full firefighting duties for the foreseeable future. On January 11, 2024, Fire Chief John Looney informed Chief Kirlin that he was being medically separated, effective January 12, 2024. The Chief also recommended that Chief Kirlin’s health benefits be continued under the City’s Human Resources Policy 402.1, which governs continued health benefits for public safety officers injured in the line of duty.

Policy 402.1 provides that the City “shall provide the same level of health insurance benefits to a public safety officer who retires or is separated from services as a direct or proximate result of a personal injury sustained in the line of duty while responding to a hot pursuit or emergency situation.” The complaint refers to these benefits as “Hot Pursuit” benefits.

Chief Kirlin alleges that despite the Chief’s recommendation, he did not receive confirmation that his benefits would continue. As a result, he claims he was unable to retire and was forced to use accrued sick and vacation leave in order to maintain health insurance coverage. Under the collective bargaining agreement between the City and the firefighters’ union, Chief Kirlin alleges he was entitled to a lump-sum payout of unused sick leave upon retirement, including a provision allowing retirement to be accelerated based on accumulated sick leave.

According to the complaint, because benefits were not approved, Chief Kirlin elected terminal leave and used his accrued sick and vacation time between January and September 2024—time he contends otherwise would have been paid out. He alleges he repeatedly contacted City officials regarding his eligibility for continued benefits, including the Fire Chief, the Human Resources Director, and the Director of Benefits, without response.

The complaint further alleges that other firefighters who did not engage in protected activity were approved for “Hot Pursuit” benefits without delay during the same period. Two firefighters are identified by name as examples.

Chief Kirlin also alleges that during this same timeframe, City attorneys contacted him seeking his cooperation as a witness for the City in the pending discrimination lawsuit involving the other firefighter. In March 2024, Chief Kirlin informed the City that he would not testify on its behalf and instead would serve as a witness for the employee. He was later deposed in November 2024.

The complaint alleges that the City intentionally delayed approval of Chief Kirlin’s benefits in retaliation for his decision to testify against the City and for his participation in protected activity under Title VII. He claims the delay forced him to exhaust accrued leave, resulting in lost compensation and benefits.

Chief Kirlin filed administrative charges with the Delaware Department of Labor in November 2024. The Department issued a no-cause determination and right-to-sue notice in August 2025. The EEOC issued a federal right-to-sue notice in September 2025. Chief Kirlin then filed suit in Delaware Superior Court in December 2025, asserting claims for retaliation under Title VII of the Civil Rights Act of 1964 and the Delaware Discrimination in Employment Act, as well as a claim for breach of the implied covenant of good faith and fair dealing.

The City removed the case to the U.S. District Court for the District of Delaware in February 2026 based on federal question jurisdiction arising from the Title VII claims. Here is a copy of the removal notice and the original state court complaint: