Disabled FDNY Firefighter Sues Over Vaccine Mandate

An FDNY firefighter who suffered a severe allergic reaction to the COVID vaccine resulting in a career-ending heart condition, and who was denied an accidental disability pension, has filed suit in federal court alleging that the city violated his Fourteenth Amendment due process rights.

Fire Law Roundup for June 12, 2023

In this episode of Fire Law Roundup for June 12, 2023, Brad and Curt discuss the settlement of two lawsuits filed by a firefighter who was severely burned while trying to effect a rescue; ruling in favor of the Milwaukee Fire Department in a suit brought by a terminated firefighter; an appellate ruling in Georgia that held an EMS unit was justified in...

Third Circuit Refuses to Block Township’s Decision to Eliminate PA Fire Department

The 3rd Circuit has refused to block a Pennsylvania township from eliminating one of its two volunteer fire companies. The Sassamansville Fire Co. No. 1 brought the action after New Hanover Township voted to eliminate it, claiming a violation of the Fourteenth Amendment.

Terminated Utah Firefighter Seeks Reinstatement

A Utah firefighter who was terminated earlier this year from the South Davis Metro Fire Department has filed suit claiming the department violated his due process rights and targeted him due to his age. Gary Schvaneveldt filed suit in US District Court for the District of Utah naming the department and Fire Chief Dane Stone.

Court Allows Suit Against Fire Inspector to Move Forward

A sprinkler contractor who sued a local fire marshal and fire commissioner over the denial of a permit has survived a motion for summary judgment in US District Court for the Northern Mariana Islands. Double A Corporation filed suit earlier this year against Anthony Babauta, a fire inspector for Commonwealth of the Northern Mariana Islands Department of Fire and Emergency Medical Services

Federal Court Dismisses Challenge to False Alarm Fee Ordinance

A local ordinance that imposes fines against alarm companies for repeated false alarms has been upheld by a federal court in Georgia. The suit involved an ordinance enacted in 2017 by the City of Sandy Springs that created a fee schedule for alarm companies whose customers transmitted false alarms to the police or fire departments.

Minnesota Court Strikes Down Residential Sprinkler Requirement

The Minnesota Court of Appeals dealt a blow to the fire service yesterday in striking down a state–wide residential sprinkler requirement for new homes over 4500 square feet. The three-judge panel concluded that the Minnesota Department of Labor and Industry lacked the data to support its rulemaking, but the irony of the ruling as left many of us scratching our heads.

Texas Firefighter Loses Suit Over Discrimination and Due Process

A McAllen, Texas firefighter who was fired twice and reinstated both times has lost a discrimination and due process lawsuit against his department and fire chief. Last February, Robert Vargus sued McAllen and Chief Rafael Balderas alleging discrimination and harassment on account of age and disability and §1983 due process violations.

Maryland Fire Company Loses Bid to be Reinstated

A volunteer fire company in Maryland lost its lawsuit to overturn a county’s decision to withdraw recognition and funding. The Fairplay Volunteer Fire Co., now known as the Community Volunteer Fire Co. Inc. of District No. 12, filed suit last ...

Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: substantive due process