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Fired Massachusetts Chief Sues Selectmen Alleging Termination Was Political
A Massachusetts fire chief who simultaneously served as a member of the town’s Board of Selectmen, is now suing the board and the other selectmen over his termination last February. Fire Chief Ernest J. Cardillo, Jr. filed suit last week in US District Court accusing the Town of Stockbridge and the selectmen with violating his civil rights under federal and state law.
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Jury Awards $3.8 Million to Tucson Firefighter Over Nursing Mothers Rights
A federal court jury in Arizona has awarded a Tucson firefighter $3.8 million in damages for the department’s failure to accommodate her needs as a nursing mother. Carrie Clark filed suit in 2014 alleging her fire station did not accommodate her need to express breast milk, and that she was retaliated against once her complaints became known.
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Burning Question on Retaliation and the FLSA
Today’s burning question: My fire department has been miscalculating our overtime pay, so we filed suit under the Fair Labor Standards Act. The fire department responded by requiring a doctor’s note for all sick leave of two consecutive days or more. Isn’t that retaliation? Answer: Retaliation is a question of fact, but if the fire department did alter your working conditions the department could be facing additional damages for retaliation.
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Suits Seeks to Block Dissolution of Last Volunteer Fire Department in San Diego County
An attorney who is also running for mayor of San Diego filed suit yesterday on behalf of the last remaining volunteer fire company in San Diego County, seeking to block dissolution of the company by the county. Cory Briggs filed the suit in San Diego County Superior Court on behalf of the Julian-Cuyamaca Fire Protection District against the County of San Diego...
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NY Firefighter Struck By Motorist Prevails
A New York Supreme Court judge has found that a driver who struck a firefighter directing traffic at the scene of a vehicle accident, is liable to the firefighter and his wife for his injuries. Kyle J. Pierce, a volunteer firefighter with the Sherburne Fire Department, was directing traffic at an accident scene on November 15, 2016 when he was struck by a vehicle operated by Thomas O. Bigelow.
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Denver Lieutenant Charged In Hidden Cam Peeping Case
A fire lieutenant in Denver has resigned and is facing criminal charges following allegations that he placed a hidden camera in a female firefighter’s room, and then tried to destroy evidence once the camera was discovered. Daniel Flesner is facing felony charges related to his placing of a hidden camera in the dorm room of one of his subordinates
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Utah Firefighter Files $1.2 Million Suit Over Sexual Assaults
A former Utah firefighter has filed a $1.2 million suit in federal court alleging she was sexually harassed and raped by an assistant chief. Valerie Engstrom claims Assistant Fire Chief Austin James Corry of the Kanosh Volunteer Fire Department harassed her over an extended period of time, and then raped her on three separate occasions.
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Mass Judge Denies Stay of Civil Service Reinstatement Order
A Suffolk County Superior Court judge has refused the request of the City of Brookline, Massachusetts to stay a Massachusetts Civil Service Commission order to reinstate an African American firefighter who was terminated in 2016. The case involves firefighter Gerald Alston, whose legal problems have been chronicled here on three prior occasions.
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New Mexico Amends Its Firefighter Bill of Rights
The State of New Mexico has updated its firefighter bill of rights, formally referred to as the Hazardous Duty Officers’ Employer-Employee Relations Act. Governor Michelle Lujan Grisham signed the amendments into law last week. The bill of rights applies to firefighters, EMTs and paramedics employed by the state or political subdivisions of the state who are under investigation for misconduct. Volunteers are excluded from its coverage. Even prior to these amendments, the New Mexico Hazardous Duty Officers’ Employer-Employee Relations Act was one of (if not the) best firefighter bill of rights laws that has been enacted. Several states with a…
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Firehouse Toilet Prank Lawsuit Subject to Workers Comp Exclusivity
A New Jersey firefighter who was injured in a firehouse prank in 2015, has lost his suit against the firefighter-perpetrator based upon the workers compensation exclusivity principle. Raymond Johns, a Linden firefighter, was injured when a bang snap exploded as he sat down on a firehouse toilet.
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Lawsuit Challenging EMS Contract in Tennessee is Dismissed
A lawsuit challenging the award of an EMS provider contract by a Tennessee county to MedicOne Medical Response has been dismissed. The lawsuit was filed earlier this year by Unicoi County resident John Day against the county seeking to block the award to MedicOne because the county failed to "employ an open, fair, and competitive bidding process.”
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Latin Music Festival Organizers Claim Police and Fire Demands Ruined Event
The organizers of a now-defunct music festival called "Pueblo Fest" are suing the host city of Tulare, California claiming its fire and police departments sabotaged the event with unreasonable requirements and excessive costs. The suit was filed by Esau and Euler Torres in US District Court naming the city, Police Chief Wes Hensley, and Fire Chief Willard Epps.
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Massachusetts Judge Fines City’s Fire Commission For Open Meetings Violation in Firefighter Discipline Case
A Superior Court Judge has fined the City of Westfield’s Fire Commission $1,000 for willfully violating the state’s open meetings law. Judge Constance M. Sweeney handed down the ruling Monday after having nullified the termination of three firefighters last August.
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