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Kentucky Court Denies TRO to Keep Fire Company Open
Another court has refused to block a fire company closing that a community claims is necessary in order to address its financial difficulties. On Tuesday, Kenton Circuit Court Judge Gregory Bartlett refused to grant a temporary restraining order against the city of Covington, Kentucky. The suit was brought by Covington Professional Firefighters, IAFF Local 38 on Monday when the city implemented a brown-out of Pumper 1, and a staffing reduction of 3 firefighters per shift, from 30 per shift to 27. Fire Chief Chuck Norris told the press that he chose Pumper One, which is housed with a ladder, rescue…
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More Litigation in Johnson City, NY
The president of the Johnson City Firefighter’s Local 921 has filed suit against the village over his demotion last May. Marty Meaney was demoted from captain to firefighter allegedly because he made false statements to a police detective. The detective was investigating complaints about someone tampering with Meaney’s PPE. Fire Chief Stephen Hrustich reported that Meaney told him in March 2010 that his breathing equipment had been tampered with, but Meaney denied it when questioned by the detective. Meany claims he answered the detectives questions honestly, and should not have been demoted. Perhaps the bigger story is the volume of litigation coming…
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US Supreme Court Accepts Fire Service Case on…. Lawyer’s Liability
Another fire service case is headed to the US Supreme Court, this one involving a California attorney hired to investigate sick leave in the Rialto Fire Department. Firefighter Nicholas B. Delia was off-injured and department administrators were suspicious given the circumstances and his disciplinary history. He was placed under surveillance and filmed purchasing building supplies including rolls of fiberglass insulation. As part of an investigation Delia was called to appear for an interview conducted by attorney Steve Filarsky. Filarsky was not a public employee but rather had been hired by the city as a contractor. That subtle point is the…
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News Video from Toledo: Fire Inspector Accused of Shooting
A civilian fire inspector whose father was the fire chief in Toledo until a few months ago, has been arrested and charged with firing into a occupied fire station Saturday night. Kevin Wolever was arrested in the vicinity of the shooting carrying a 9 mm handgun and 2 clips of ammunition. He was under suspicion of being involved in a series of prior fire station shootings the past week. Of even more concern, he was wearing a ballistic vest and had a handcuff key in his mouth when apprehended.
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Boston Local Sues Over 7 EMT Related Resignations
Boston Firefighters, IAFF Local 718 filed suit against the city today following the forced resignation of seven probationary firefighters who failed to obtain then EMT license within their first year of service. The local alleges the EMT requirement has been in place for over 15 years and has never been enforced. They are seeking an injunction to reinstate the seven firefighters. Boston Fire Commissioner Roderick Fraser said in the aftermath of the EMS scandal the department sought to enhance the scrutiny of EMS training, and as part of that required 50 recruits hired in 2010 to agree in writing that…
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Los Angeles Fire Truck Stars in Porn Film
Los Angeles Fire Department officials are investigating how one of their fire trucks found its way into a porn movie. View more videos at: http://nbclosangeles.com. The department has launched an investigation into the matter. More on the story.
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FDNY Captain Sues For Injuries
An FDNY captain has filed suit against the city alleging negligence following an in station accident involving the decon unit. Captain Frank Sorito was injured on December 10, 2010 when the Decon Shower Unit housed at Engine 160 suddenly moved and pinned him. According to reports he was crushed, suffering numerous lower back fractures. The decon unit was apparently not chocked and was being serviced at the time. Captain Sorito’s suit includes an allegation that the mechanic was not properly trained, and that the unit was not properly secured. Most negligence suits by employees against their employer and/or co-workers are…
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California Captain Asks for $500k Because He Was Hazed
Here’s today’s burning question: “I’m a fire captain and I was assigned to work at a station in a different fire department as an observer for a day. While I was there the guys played a series of mean pranks on me. Can I sue them?” Ask Rialto Fire Department Captain Joshua Gilliam, who filed a claim for $500,000 against the city of Long Beach. On February 10, 2011 he worked at Long Beach Fire Department Station 11 as an observer. He was welcomed with a series of pranks including the venerable: Hot ball of tin foil Water dump (down the…
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Texas Refinery Firefighters File FLSA Suit for Overtime
Two former industrial firefighters at the port of Corpus Christi, Texas have filed a Federal lawsuit alleging they were wrongfully not paid overtime for all hours worked in excess of 40 hours per week. Joe Dale Martinez and Fidencio Lopez Jr. worked for a privately owned firefighting cooperative group named Refinery Terminal Fire Co. and owned by industrial companies including Calpine Corp., Citgo Corpus Christi Refinery, Diamond Shamrock’s Corpus Christi facility, Elementis Chromium, the Lyondell Chemical Corpus Christi plant, El Paso Corp., Koch Pipeline Co., Flint Hills Resources, the Port of Corpus Christi Authority and Valero Refining. The suit seeks…
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How Long is Too Long: Civil Suit in Ohio
An Ohio widow is suing the City of Northwood claiming the fire department took too long to respond to her 911 call for EMS assistance for her husband. On March 3, 2011, Ellen Mix called 911 three times over a 22 minute period to get help for her husband, Tim, who was having difficulty breathing. It took 28 minutes for an EMS unit to arrive. By then Tim had stopped breathing. He died 2 days later. The suit alleges not only that the EMS response was slow, but that local officials “knew or should have known that the City’s emergency…
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Oklahoma Fire Chief Arrested in New Mexico
The missing fire chief from the Terlton Volunteer Fire Department in Pawnee County, Oklahoma has been arrested in New Mexico. Chief Charles Badgwell is wanted in connection with the embezzlement of fire company funds. Chief Badgwell was arrested last Friday along with his girlfriend, Janet Kirby, by police in Luna County. They are awaiting extradition back to Oklahoma.
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Fire Service Court Radio
Here is the latest edition of the Fire Service Court web radio show. Listen to internet radio with fireengineeringtalkradio on Blog Talk Radio
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DNR Tattoos: Are You Kidding Me?
Here is one for all the paramedic legal eagles out there: You arrive on the scene of an unconscious 80 year old female. During the course of your patient assessment you notice a tattoo on her chest stating “Do Not Resuscitate”. Do you have to honor that request? We have discussed DNR orders here quite a bit, but this case is a bit different. Not that 80 year olds should be prohibited from getting inked, nor that people should be limited in their decisions on the extent to which their lives should be prolonged, but seriously? A DNR tattoo? That…
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