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Third Circuit Rules in Firefighter’s Religious Discrimination Case – But Emphasizes Limits
The Third Circuit Court of Appeals has vacated a district court’s dismissal of claims brought by an Atlantic City firefighter assigned to administrative duties who sought a religious exemption from the department’s clean-shaven policy.
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CAL FIRE Sued for Alleged Excessive Force and Civil Rights Violations
A lawsuit filed in Santa Clara County Superior Court, has been removed to federal court, accusing the CAL FIRE and one of its officers of using excessive force during a traffic stop on March 17, 2024. The plaintiff, Antonio Patino, alleges multiple constitutional and state law violations stemming from the incident, which occurred on southbound Highway 17 in Santa Clara County.
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Hot Springs Firefighter Files Federal Lawsuit Alleging Retaliation
A Hot Springs firefighter has filed a federal lawsuit against the City of Hot Springs and Fire Chief Ed Davis, alleging that he was subjected to retaliation and First Amendment violations after speaking out about safety concerns and union matters. The lawsuit was filed by Firefighter Nate Hall in US District Court for the Western District of Arkansas. According to the complaint, Hall had been a firefighter with the Hot Springs Fire Department since 2019. Hall alleges that he began raising concerns about safety issues in the department as early as 2020. The complaint states that Hall’s concerns were not…
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Fire Law Roundup for June 2, 2025
In this episode of Fire Law Roundup for June 2, 2025, Brad and Curt discuss an Ohio appellate decision granting firefighters immunity in an EMS-related negligence suit; a lawsuit against a Texas fire department over injuries sustained during a department-sponsored event; a ruling that district chiefs in the Orlando Fire Department do not qualify as hourly employees under the First Responder Regulations; the dismissal of a lawsuit brought by a former San Francisco firefighter over injuries he sustained at a building fire that he claims were due to race discrimination; and a burning question about whether the sharing of a…
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Ohio Appeals Court Concludes Firefighters Entitled to Immunity in Patient Restraint Incident
The Court of Appeals for Ohio’s Fifth Appellate District has reversed a lower court’s denial of summary judgment to several Mansfield first responders and the City of Mansfield, finding that the defendants are entitled to statutory immunity in a case arising from emergency medical treatment provided to a man suffering from a severe asthma attack.
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Texas Fire Department Sued Over Event-Related Injuries
A woman who was injured at a fire department-sponsored event in 2023, has filed suit against the Everman Fire Department, the City of Everman, and a third party who owned an amusement device involved in the incident. Earlene Wilson filed suit in Tarrant County District Court earlier this week.
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District Chiefs in Orlando Not Covered by First Responder Overtime Protections
A federal judge in Florida has ruled that District Chiefs in the Orlando Fire Department do not qualify under the First Responder Regulations as hourly employees, and therefore may qualify as exempt from FLSA-mandated overtime. However, the court declined to find them exempt white-collar employees at this juncture in the proceeding.
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Court Dismisses San Francisco Firefighter’s Civil Rights Suit
A federal judge in the Northern District of California has dismissed a lawsuit brought by a former San Francisco firefighter who claims his injuries at a structure fire in 2009 was due to race discrimination and negligence. Michael Estrada filed suit pro se earlier this year alleging civil rights violations under 42 USC §1983, gross negligence, race discrimination.
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Burning Question: Can Sharing Imagery Be Sexual Harassment?
Today’s burning question: I am a female fire captain in a large metro-sized fire department. I just discovered that a photo of a topless woman falsely said to be me is circulating electronically among fire department personnel. I asked the department to notify all personnel that the photo is not of me, and to order them stop sharing it. The Department declined to do so and won’t take disciplinary action against those who shared it. Do I have any legal recourse? Answer: While not a fire department case, the Court of Appeals of California, Second Appellate District, Division Seven, upheld…
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Fire Law Roundup for May 26, 2025
In this episode of Fire Law Roundup for May 26, 2025, Brad and Curt discuss the dismissal of a suit that sought to dissolve a a New York fire district; the dismissal of a disability discrimination lawsuit against a Washington state fire department; the dismissal of a First Amendment retaliation lawsuit brought against a California fire department; the dismissal of criminal charges against a Maryland medic who allegedly falsified a report; and a civil suit against an Iowa medic who administered the wrong medication to a patient resulting in the patient’s death. Judge Dismisses Attempt to Dissolve Fire District Judge…
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Judge Dismisses Attempt to Dissolve Fire District
A New York State Supreme Court judge has dismissed an effort by two residents to dissolve the Richland Fire District. The decision, handed down on May 22, 2025, cites numerous legal deficiencies in the dissolution petition filed by Crystal Myers and Timothy Thayer.
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Washington Court Upholds Dismissal of Fire Department Mechanic’s Disability Lawsuit
The Washington Court of Appeals has affirmed the dismissal of a disability discrimination lawsuit brought by a fire department mechanic against the City of Tacoma. The case centered on whether the City failed to accommodate Liam Riley’s medical conditions under the Washington Law Against Discrimination.
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Federal Court Dismisses First Amendment Retaliation Suit by Manhattan Beach Fire Officers
A federal judge has granted summary judgment to the City of Manhattan Beach, California, in a First Amendment retaliation case filed by two fire officers. Captains David Shenbaum and Timothy O’Brien sued alleging that they were subjected to retaliatory actions for their union activities and for filing a federal lawsuit against the city.
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Appellate Court Upholds Dismissal of Charges Against Annapolis Firefighter-Medic
The Appellate Court of Maryland has upheld the dismissal of criminal charges against an Annapolis firefighter who was accused of filing a false special incident report. Firefighter III/Paramedic Bridget Elizabeth Weiss was charged with one count of common law misdemeanor of misconduct in office stemming from an investigation into the death of a patient.
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