Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A California firefighter who claimed he was assaulted by a fire captain and a firefighter at an off-duty fire department event has agreed to settle his suit for $965,000. Michael Botill filed suit last year naming the Central Fire District of Santa Cruz County, Captain Dan Jordan and firefighter Forrest Gleitsman as defendants.
Botill’s lawsuit alleged assault, battery, harassment, negligent hiring, negligent retention, and whistleblower retaliation. The most serious of three altercations occurred on October 4, 2022, at a restaurant following the department’s annual Bid Night. Botill previously complained about Captain Jordan, who allegedly slapped him at the 2020 bid night, and threatened to assault him at the 2021 bid night. Here is earlier coverage of the filing of the lawsuit.
The suit claimed the fire district was aware of Captain Jordan’s history of violence and failed to take adequate steps to protect Botill. The city, Captain Jordan and Gleitsman denied the allegations. Captain Jordan was reportedly never disciplined for the 2022 altercation, which Botill claimed was evidence the district condoned his behavior.
Santa Cruz Local quoted from court documents contending that the fire district “took reasonable steps to prevent and correct alleged workplace harassment [and that Botill] unreasonably failed to use the preventative and corrective measures that [Central Fire] provided.”
Besides the $965k payment, the district agreed to reinstate 552 hours of sick and vacation leave Botill used following the October 2, 2022 incident, and request the state pension board to grant him retirement and benefits. More on the story.
