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Volunteers Versus the Town: What is Next
A very interesting case has been developing in Scituate, Rhode Island between a volunteer fire company, and the town. While the underlying facts and motives are unclear, on September 22, 2009 the town took steps to close the Chopmist Hill VFD, evict the members, and order its reorganization. On October 30, 2009, the fire company obtained a court order restoring their control over the premises. In the latest twist, the company is alleging that upon their return to the station they discovered that smeone had removed a lock on a file cabinet containing medical reports from EMS runs, and left the reports lying…
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Another Problem with Canine Identifications
On Monday of this week I blogged about the case of a Riverside, California man who spent two years in jail on arson charges that were largely based upon scent evidence obtained using a device known as a scent transfer unit. In theory, the scent transfer unit collects a perpetrators scent from evidence at a scene, deposits it on a gauze pad, which can then be given to a canine to facilitate the tracking of the suspect. The validity of this practice has come under a great deal of scrutiny as seeming innocent people are being charged and in some…
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DC Fire Under Fire..Again
An interesting law suit is brewing in Washington DC over a fire that occurred in the Georgetown Library in April, 2007. The three alarm fire damaged the building that was undergoing renovations at the time, and destroyed a number of historical documents and artwork. DC fire investigators concluded that the blaze was caused by heat guns being used by a contractor to remove paint from windows. Charred electric heat guns were found in the area of origin, along with flammable chemicals that tended to contradict the contractor’s statements that lead paint was being removed using wire brushes. As owner of the…
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Nevada: Parents Sued for Son’s Arson
The Clark County, Nevada School District is suing the parents of a teenager who allegedly set fire to a high school in 2008. The fire in the boys locker room at Palo Verde High School caused approximately $71,000 in damages. The damage would have been even greater had it not been for the fact the building was sprinklered. The suit was filed against the youth and his parents. Under Nevada law, a parent can be held liable for up to $10,000 for the actions of a child, and with two parents the District hopes to recover at least $20,000…
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Fire Officials Sued for Wrongful Arrest in CA Arson case
A Riverside, California man who was jailed for two years on arson charges, is now suing Riverside Fire officials and a canine handler connected with building the case against him. The man, Michael Espalin, was acquitted after two trails. He was suspected in approximately 40 arson fires. The primary evidence against Espalin came from a bloodhound, and a “scent transfer unit” identified by the Los Angeles Times as a STU-100. The STU-100 is said to be capable of transferring human scent from an object (such as evidence at a crime scene) to a “5-by-9 inch gauze pad”, which the bloodhound can…
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Camden NJ Settles Discrimination Claims for $1.15 Million
The City of Camden, New Jersey settled an eight year old race discrimination suit, as well as a three year old discrimination suit with the same plaintiffs, who are deputy chiefs in the Camden Fire Department. The settlement is reported to be approximately $1.15 million, and follows a Federal District Court jury verdict from 2004 that was in favor of the plaintiffs for over $1 million. The plaintiffs, both black and both deputy chiefs, alleged they had been forced to endure a hostile work environment, and were denied overtime and promotions based on their race. As reported by The…
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Iowa Water Company Sued for Fire Damage
The Iowa American Water Company is being sued by two couples who lost their homes to a September 2, 2007 fire. According to the suit, “the Bettendorf Fire Department was unable to open the cap on the nearest fire hydrant", leading to additional damage occuring. A story in the Quad City Times reported that the fire was the second in a six month period in which hydrant problems contributed to the loss. A prior fire on November 16, 2006 has led to a separate law suit against Iowa American Water, where it is alleged that additional damage occurred when silicone in…
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President Signs 2009 Ryan White Act Into Law
Today, October 30, 2009, President Obama signed the Ryan White HIV/AIDS Treatment Extension Act of 2009, into law, effectively extending the law that would have expired in December, 2009, for four more years. The Ryan White Comprehensive AIDS Resources Emergency Act, also known as the Ryan White Care Act, or simply Ryan White Act, was originally enacted by Congress on August 18, 1990. The act was named after Ryan White, an Indiana teenager who was expelled from school after he contracted AIDS from a blood transfusion. White went on to fight the expulsion, and became a symbol of the unfair…
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Kentucky Fire Department Sues Fire Truck Manufacturer
The North Metcalfe Volunteer Fire Department Inc. has filed suit against Reberland Equipment Inc. and Firovac Power Systems Inc. for damages arising out of an accident involving a tanker truck. The apparatus was manufactured by the defendants on a Kenworth chassis, and rolled over on October 1, 2008 while responding to a fire. Two firefighters on board the apparatus at the time were ejected. More details.
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San Jose to Settle Harassment Suit
As increasing numbers of women have entered the ranks of the fire service, many fire departments have had to address allegations of sexual harassment. While undoubtedly each case of harassment involves a unique set of facts, a recent San Jose, California case would seem to be eligible for an award for being the most novel. A female firefighter's 9 year old son visited his mom's station. Apparently while there he used the men's room, where he found a hardcore pornographic magazine. Unbeknownst to his mom, the boy took the magazine home, where it was later discovered under his pillow. When…
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Kentucky Case Upholds Immunity for Fire Departments
When it comes to the liability of fire departments, suits for negligent firefighting concern fire chiefs and firefighters the most. Making life and death decisions in a time compressed, high-stress environment with incomplete situational awareness seems like a recipe for poor decisionmaking. These circumstances that make it easy to be second guessed afterwards if things don't turn out right. In many jurisdictions, immunity protection serves as a shield for fire departments from being second guessed (and held liable) by courts and juries. The problem is, immunity protections are constantly under attack. A recent case in Kentucky, involving the Caneyville Volunteer Fire Department, presented a constitutional challenge to the immunity protection provided to fire…
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Change is Needed in the Fire Service – Circa 1865
Change is a funny thing. We often hear people self-righteously calling for change they believe is needed. Today, much of the change in the fire service is focused on firefighter safety, safe staffing levels, adequate equipment and PPE, training, and communications. Its hard to imagine that these present day concerns will at some point give way to new concerns and the need for new changes. Its the cycle of life! I came across this archived article from June 22, 1865, published in the New York Times that talked about the need for change in the fire service in New York…
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$3.2 Million Death Settlement in Chicago
The City of Chicago just settled a wrongful death case for $3.2 million. The suit resulted from an incident where a Chicago engine company responded on a medical emergency, and the defibrillator did not work. The defibrillator failure that was attributed to the fact that the batteries were not replaced every 2 years as recommended by the manufacturer. The patient died despite CPR being initiated almost immediately by his son, an off-duty firefighter. The case raises a number of interesting issues: Could the City have been found liable at trial in the absence of proof that “but for” the dated batteries, the decedent would…
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New Mexico Firefighters Sue Gas Company for Massive Explosion
Todays burning question: Can firefighters who are injured in a gas explosion sue the gas company, or is suit barred by the Fireman’s Rule? Firefighters who responded to a massive gas pipeline explosion near Carlsbad, NM, in 2000 have been cleared by the New Mexico Supreme Court to proceed to trial against the gas company who is alleged to have improperly maintained the pipeline. The case was originally decided against the firefighters based upon the Firemen’s Rule (see Legal Considerations or Fire Officer’s Legal Handbook, Chapter 8). However, the New Mexico Supreme Court ruled that the suit could proceed. Click…
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