Tennessee Firefighters Allege Retaliatory Firings Following Public Campaign

Five probationary firefighters and their union have filed suit against the City of Clarksville, Tennessee, and its fire chief alleging they were terminated in retaliation for participating in a public union campaign over firefighter pay, staffing shortages, and working conditions.

The complaint was filed in the U.S. District Court for the Middle District of Tennessee by Bryan Birkes, Larayza Collins, James Musumeci, Summer Pasco, Joshua Stevens, and IAFF Local 3180, the Clarksville Professional Fire Fighters Association. According to the complaint, Local 3180 began a public wage campaign in May 2025 aimed at drawing attention to Clarksville Fire Rescue’s starting salary of approximately $44,000, which the suit alleges was significantly below surrounding departments and contributed to retention problems, understaffing, low morale, and firefighters working second jobs to make ends meet.   

The suit describes a broad public effort that included rallies, press conferences, petition drives, social media advocacy, and direct outreach to city council members. One of the named plaintiffs, Bryan Birkes, allegedly emailed all members of the Clarksville City Council on May 23, 2025, describing low wages, retention problems, and safety concerns tied to firefighter fatigue. Summer Pasco is alleged to have created a public petition titled “Petition for Fair Pay and Support for Clarksville Firefighters,” which according to the complaint later drew more than 2,200 signatures. Several plaintiffs also attended rallies in late May and June, appeared in local news coverage, wore union shirts bearing the slogan “Don’t Burn Your Fire Fighters,” and signed or circulated the petition. 

The lawsuit ties those activities to a series of city council meetings and public debate over firefighter compensation during 2025, when union representatives and supporters repeatedly appeared before council members seeking wage adjustments. Local reporting at the time described firefighters pressing council members for higher pay, citing neighboring departments that paid substantially more and warning that Clarksville was losing trained personnel to surrounding jurisdictions. 

According to the complaint, department leadership had for years expressed hostility toward union involvement. The plaintiffs allege that recruits were warned during training not to get involved with the union, with statements attributed to training officers and command staff that union members “created issues,” were “not aligned with” Fire Chief Freddie Montgomery, and that joining the union could jeopardize employment. The complaint further alleges that Chief Montgomery warned recruits not to “fall into the negativity of the group of people” within the department, referring to the union. 

The first three terminations occurred on July 8, 2025, when Birkes, Collins, and Stevens were directed to report to Fire Station 1 and were handed termination notices citing only the city code provision governing probationary employees. According to the complaint, no specific reason was given. Birkes alleges that when he asked for a union representative before the meeting, the request was denied. Stevens alleges that when he asked what he had done wrong, he was told only, “it is what it is.” 

Musumeci and Pasco were terminated on July 25, 2025, after returning from leave. Their notices were identical to those issued earlier. Pasco alleges that when she asked why she was being terminated, Chief Montgomery laughed. All five plaintiffs contend they were within weeks of completing probation, had positive evaluations, and had not received written discipline. The complaint also alleges that other probationary firefighters with lower evaluation scores who had not participated in union activity remained employed. 

The complaint includes numerous recommendation letters submitted after the terminations by battalion chiefs, captains, lieutenants, and district chiefs describing the plaintiffs as strong performers. One letter described Musumeci as “one of the best fire fighters ever assigned” to a station, while another described Pasco as an “exceptional asset to any organization.” 

The plaintiffs further allege that retaliation continued after their dismissal. According to the complaint, three of the former firefighters later sought to attend a Clarksville Fire Rescue training program open to neighboring departments but were told they were not welcome or that the class was full, despite seats allegedly remaining available. 

In addition to the terminations, the suit challenges a policy adopted in November 2025 requiring firefighters to obtain prior approval before joining any club, organization, association, or society, and prohibiting membership in any organization that could “reflect disservice, disrespect, or negativity toward Clarksville Fire Rescue or the City of Clarksville.” The plaintiffs contend that provision was aimed at restricting union participation. 

The complaint asserts claims under 42 U.S.C. § 1983 for alleged violations of free speech, free association, and the right to petition government, along with a claim under Tennessee’s Public Employee Political Freedom Act. The plaintiffs seek reinstatement, back pay, damages, injunctive relief, and attorneys’ fees.