Civil SuitConstitutional RightsDisciplinary ActionFirst AmendmentLabor Law

Federal Jury Awards $1 Million to Harrodsburg Firefighters Terminated for Union Organizing

A federal jury in the Eastern District of Kentucky has awarded $1 million in damages to two Harrodsburg firefighters who alleged they were unlawfully terminated in retaliation for organizing an IAFF local.

Captain Derrick Steele and Lieutenant Jamie Bottom, filed suit in May 2023 against the City of Harrodsburg, its Board of Commissioners, and individual city officials alleging a violation of their First Amendment rights and state law protections for labor organizing activity.

According to the complaint, Steele and Bottom played key roles in organizing Harrodsburg firefighters into IAFF Local 5418, officially chartered on March 1, 2023. Steele served as president of the new union, and Bottom as secretary-treasurer.

The complaint alleges that shortly after informing Fire Commissioner Missy Banks of their union plans—along with concerns about staffing, training, and public safety—the City began a campaign of retaliation. The firefighters claim they were blocked from addressing the City Commission, targeted for internal investigations, and ultimately terminated without due process on March 13, 2023. The City initially refused to state any reason beyond “for cause,” and only later provided a list of allegations the plaintiffs maintain were false and defamatory.

Steele and Bottom were reinstated with pay briefly, only to be formally terminated again on April 5, 2023 following a public meeting of the Commission. At that meeting, the City read the allegations into the public record. The lawsuit contended that this conduct amounted to defamation and violated their constitutional rights to free speech and freedom of association.

The case was brought under 42 U.S.C. § 1983 and also alleged violations of Kentucky’s public policy protections for labor organizing under KRS § 336.130. The jury found in favor of the firefighters and awarded $1 million in damages, $500,000 each.

Attached is a copy of the complaint and the jury verdict forms. Here is an IAFF Press Release about the verdict.

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.

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