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Indiana EMT On The Run After Sex Assault Allegations
An Indiana EMT is now a fugative on the run after a patient alleged that he sexually assaulted her last week during an ambulance transportation. Jason Jordan, 27, of Terre Haute is believed to be with his wife. Jordan was fired by his employer, Trans Care Ambulance, after the allegations surfaced.
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Coverup Alleged in Lawsuit Filed over FDNY Assault
A brawl between two firefighters in their Queens fire station on July 30, 2009 has resulted in a lawsuit being filed in Queens Supreme Court. FF Keith Thompson alleges that FF Stephen Buonavita assaulted him, and that their Lieutenant, Charles Piranio, attempted to cover up the incident. The beating was so bad that Thompson allegedly needed reconstructive surgury. Piranio allegedly ordered firefighters to take Thompson to the hospital in a personal vehicle and to say he was injured in a bar brawl. Buonavita has already pled guilty to assault and disorderly conduct charges, and was required to reimburse Thompson for his…
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Maryland Woman Sues Volunteer Fire Company For Not Voting Her In
A Maryland woman has filed a discrimination suit against a volunteer fire company alleging she was discriminated against because she was rejected three times by the membership. Jaunita Nelson filed suit in Federal District Court in Maryland against the Crisfield Fire Department claiming that the department excluded her because of her gender. Nelson seeks $3 million in compensatory damages, plus $1.5 million in punitive damages. Cases like Nelson’s have not had much luck in the past, having to overcome two issues: 1. Whether a volunteer company is a public actor (which triggers potential constitutional issues and §§ 1981 and 1983 claims),…
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LODD Firefighter’s Estate Leads to Bizzare Legal Challenge
I was totally speechless after reading this story about Fire Captain Thomas Araguz, who was killed 2 weeks ago on July 3 at a structure fire in Wharton, Texas. Thankfully – there is a video to explain the details so I don't have to – but you won't believe this story. Every time I think Hollywood goes overboard in making up a story for Law and Order or CSI, I see a story like this. The law on the subject is actually pretty straightforward. Fraud is grounds for the annullment of a marriage. Violation of law or public policy is as well (although some may argue the…
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Fire Law On-Line at Providence College
The Fire Science program at Providence College will be offering Fire Science 312 – Fire Law this fall as an on-line class. The course catalogue description is as follows: FRS 312 Fire Law3 creditsOverview of the legal issues closely associated withthe fire service including the basis for the authority offire departments, and modern legal issues impactingthe fire service, Fair Labor Standards Act, Americanswith Disabilities Act, and legal effect of OSHA andNFPA mandates. Also addresses negligence, immunity,arson, search and seizure, fire insurance, and rightsand responsibilities of firefighters. Yours truly will be teaching. The online format is convenient for firefighters working shifts –…
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New Haven…. AGAIN!!!!!
I know a lawyer should never complain about too many law suits, but at some point you have to ask when is enough going to be enough. Another group of New Haven firefighters have filed suit over the 2003 promotional examination. Eleven firefighters filed suit on July 2, 2010 challenging the promotional list created by the 2003 exams. Those are the same examinations for captain and lieutenant that gave rise to the US Supreme Court decision in Ricci v. DeStefano. By my count that makes 5 suits (some may count differently) over the 2003 promotions including: · Ricci, et…
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Noose at Rocky Mountain Fire Academy Sparks Investigation
A noose found at the Rocky Mountain Fire Academy in Denver, Colorado earlier this year has sparked an investigation and calls for punishment. The facility, which trains firefighters from Denver and Aurora, is physically located in Denver. Officials have apparently identified the firefighter involved and are contemplating what to do in terms of punishment or sensitivity training. The firefighter claims it was a joke related to him being assigned to undergo training, and was not racially motivated. However, the historical connection between the noose and racism makes it difficult for officials to ignore. For more on the story:
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DeKalb Captain Reinstated
DeKalb County Fire Captain Sell Caldwell has been ordered reinstated to the department by a hearing officer. Caldwell was one of five firefighters terminated after the fire death of 74-year-old Ann Bartlett on January 24, 2010. Crews were called to Ms. Bartlett’s house at about 1:00 am, when she claimed to have accidentally started a fire with her oxygen mask. The crews allegedly found nothing and returned to quarters without dismounting from their apparatus. Crews were called back to the scene at 6:40 am by neighbors to find the house well involved. The decision was issued last Friday, July 9,…
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Pembroke Pines Challenges Florida Presumption Laws
Fifteen Pembroke Pines, Florida firefighters and police officers have filed suit over denied workers compensation benefits, alleging that the city’s benefit’s administrator has engaged in “across the board denial… without reasonable justification”. The suit alleges that Gallagher Bassett Services Inc., who processes workers comp claims for Pembroke Pines, routinely denied claims that according to state law should be covered, including heart disease and hypertension. The Florida law reads as follows: 112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability.– (1) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax…
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Montana Congressman Sues Billings Fire
A Republican Congressman from Montana has filed suit against the City of Billings alleging negligence in fighting a wildland fire on his property in 2008. The fire occurred in Rehberg Ranch Estates, a 1,000 acre subdivision owned by Congressman Rehberg and his wife. It allegedly burned trees, ground cover, and equipment on the land, which the lawsuit described as “irreparable”. The suit was filed last Friday, July 2, 2010, in Yellowstone County District Court shortly after the Congressman won the Republican primary election. Rehberg’s Democratic contender, Dennis McDonald, who happens to be a volunteer firefighter, has seized on the issue…
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British Firefighter Charged with Manslaughter
Perhaps it is appropriate to mention this case over the 4th of July holiday, and then again perhaps it is in bad taste. Nevertheless, on July 2, 2010 a British firefighter was charged with manslaughter for the death of a farmer who was trampled to death when his cattle were spooked by the lights and siren from a fire truck. Seriously…. You can’t make this stuff up. The incident occurred last August in Burtle, near Glastonbury, England. Firefighter Julian Lawford, 49, was driving his fire apparatus to a vehicle accident when he passed the farm of Harold Lee, age 75.…
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New Firefighter Residency Law Challenged
On June 25, 2010, Missouri Governor Jay Nixon signed a bill into law that eliminated the residency requirement for St. Louis firefighters. On July 1, 2010, the City of St. Louis filed suit to challenge the law. The law was enacted by the state at the request of St. Louis Firefighters, IAFF Local 73. It is scheduled to go into effect on August 28, 2010, and would eliminate the residency rule imposed on firefighters. Oddly enough, St. Louis has a residency requirement for firefighters, but not for police, teachers, and certain other city employees. St. Louis Mayor Francis Slay has…
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