administration-leadershipCivil SuitConstitutional RightsDisciplinary ActionFirst AmendmentLabor LawPoliticsVolunteersWrongful termination

Connecticut Fire Chief Alleges Retaliation, Free Speech Violations, and Constructive Termination

A part-time firefighter and volunteer fire chief in East Lyme, Connecticut has filed a multi-count civil lawsuit against the Town of East Lyme, its First Selectman, and a deputy fire marshal, alleging retaliation, free-speech violations, due-process violations, and emotional distress arising out of his suspension and alleged constructive termination.

According to the complaint, the plaintiff, Chris Taylor, served as a part-time firefighter employed by the Town of East Lyme and simultaneously as the volunteer fire chief of the Flanders Fire Department, which operates as part of the East Lyme Fire Department. While his firefighter position was paid, his role as fire chief was a volunteer position. 

The lawsuit alleges that during 2023 and 2024, career and unionized firefighters within the Flanders and Niantic Fire Departments, along with First Selectman Dan Cunningham, sought to fully unionize the departments and eliminate volunteer positions, including the plaintiff’s volunteer fire chief role. The complaint asserts that, in furtherance of that goal, false accusations were made that the plaintiff was dishonest, untrustworthy, and negligent in equipment maintenance and purchasing. 

The complaint describes an incident in January 2024 in which the plaintiff allegedly found two town firefighters inside his office without permission, after they had opened a locked door and searched his desk. The plaintiff claims he ordered them to leave and asserts that doing so constituted protected speech. Shortly thereafter, he was informed by the First Selectman that he was being placed on administrative leave from both his paid position as a part-time firefighter and his volunteer position as fire chief of the Flanders Fire Department, pending an investigation into a harassment complaint alleging foul language and that a town employee felt uncomfortable at work. The town reportedly retained an independent investigator.

As part of the administrative leave, the plaintiff alleges he was barred from town property, prohibited from speaking with town employees, and suspended from his paid position. The complaint states that the matter received negative press coverage, which the plaintiff claims damaged his reputation. He further alleges that he was denied the ability to vote in person on town property and restricted from contact with his daughters, who were also town employees. The complaint asserts that his children were teased at school after seeing press reports about the matter. 

The lawsuit also alleges that the plaintiff was ordered to attend an Employee Assistance Program for “anger management issues” and was asked to waive HIPAA privacy protections by allowing session notes to be shared with the town’s human resources manager. He claims the investigation was a “sham,” asserting that neither he nor other witnesses were interviewed and that no action was taken against the firefighters who allegedly entered and searched his office. 

Based on these events, the plaintiff contends that he was effectively and constructively terminated. The complaint asserts that the town retaliated against him for protected speech in violation of Connecticut General Statutes §§ 31-51m and 31-51q, as well as the First Amendment to the U.S. Constitution, enforced through 42 U.S.C. § 1983. Additional counts allege violations of procedural due process based on an asserted property interest in continued employment, as well as intentional and negligent infliction of emotional distress. 

The lawsuit seeks compensatory and punitive damages, reinstatement, lost wages and benefits, attorneys’ fees, and other relief. 

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 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. Besides his law degree, he has a MS in Forensic Psychology. 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.

Related Articles

Back to top button