Tag Archives: 42 USC § 1983

A lawsuit filed by a homeless man who was assaulted by a Dallas firefighter in 2019, as been dismissed by a federal court. However, after explaining the complex allegations in depth, the court granted the man an opportunity to replead his case.

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Today’s Burning Question: If a volunteer firefighter is dismissed from a department without the governing board following it’s rules on dismissal which includes formal charges and a hearing, can the volunteer file a 1983 claim against the board? Is this a due process violation?

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A woman and her minor son are suing two South Carolina fire departments over a post-accident altercation that led to the mother and son being arrested. Julia Hyman and her son, identified in court pleadings as J.H., filed suit earlier this month against the Berkley County Sheriff’s Department, Whitesville Rural Fire Department, Whitesville Rural Fire Department Station 1, and numerous sheriff’s deputies and emergency responders.

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A fire department in Virginia has prevailed in federal court in a suit that alleged the First Amendment rights of two firefighters had been violated. Last Friday, a jury ruled in favor of the Front Royal Volunteer Fire and Rescue Department and its president, David Santmyers, in suit brought last year by Philip Charles and David Ellinger.

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