IPSLEI Board Member, Lawrence Bennett, Esq., publishes a monthly, open access FIRE & EMS LAW Newsletter. Legal issues and lawsuits frequently highlight ethical lapses and ethical dilemmas, and IPSLEI posts the newsletter each month for our members and visitors to review the most current examples of real-life ethical challenges facing public safety professionals.
JAN. 2025 – FIRE & EMS LAW NEWSLETTER
[NEWSLETTER IS NOT PROVIDING LEGAL ADVICE.]

Lawrence T. Bennett, Esq.
Professor-Educator Emeritus
Cell 513-470-2744
Prof. Bennett (former vol. firefighter / EMT-B at 3 FDs) with his Pet Therapy dog, FRYE.
24 CASES – SEE CASE SUMMARIES: https://doi.org/10.7945/j6c2-q930
Chap. 1 – American Legal System, incl. Fire Codes, Investigations, Arson
PA: Admin. Search Warrant – Sewer Gas Home
WA: Removal Homeless – Personal Property
KY: Vol. FFs Arson - Church – Not Fed. Case
Chap. 2 – Line Of Duty Death / Safety
PA: Fleeing Driver Almost Hit EMS – 5-10 Yrs
PA: 2 LODD – Condemned Bldg - City Dismissed
Chap. 3 – Homeland Security, incl. Active Shooter, Cybersecurity
CA: Started Fires – CA Emergency – 200 Bldgs
Chap. 4 – Incident Command, incl. Training, Drones, Communications ***
Chap. 5 – Emergency Vehicle Operations ***
Chap. 6 – Employment Litigation, incl. Work Comp., Age, Vet Right
PA: Lung Cancer – City Pay Wife 10% Penalty
Chap. 7 – Sexual Harassment, incl. Preg. Discrimination, Gay Rights
MD: Fired – Vote 2-2, New Hearing - No Pension
US Sup Ct: –“Straight” Clams Disc By Gay Mgr
Chap. 8 – Race / National Origin Discrimination
LA: Two Capts Discip. - Claim Disparate Treat
MO: Chief Fired – Secret Camera – Bd Animus
Chap. 9 – Americans With Disabilities Act
TX: Hostile Work Claim – Age, Weight, PTSD
NJ: Broke Foot - Promotion To Capt. Delayed
Chap. 10 – Family Medical Leave Act, incl. Military Leave
TN: No FMLA Viol. - Alcohol - Resigned
Chap. 11 – Fair Labor Standards Act
MA: Settled – Drop Claim DCs Non-Exempt
Chap. 12 – Drug-Free Workplace, inc. Recovery
MT: New Random Policy – Must Bargain
Chap. 13 – EMS, incl. Comm. Param., Corona Virus
CA: COVID-19 – BC - Due Process Given
U.S.: VA Ambul. Lower Travel Rate Set Aide
Chap. 14 – Physical Fitness, incl. Heart Health
AR: Working Out – Lumbar - Work Comp
Chap. 15 – Mental Health, incl. CISM, Peer Support
TX: Suicide Att. – Dorm Fire – AirForce Dischar
Chap. 16 – Discipline, incl. Code of Ethics, Social Media, Hazing
PA: Dispatchers Fired – New Year Alcohol Toast
MI: Whistleblower, Ropt Bad Tires – Later Fired
Chap. 17 – Arbitration, incl. Mediation, Labor Relations
OH: Fire Engine Mfg – Delay – Arbitration
Chap. 18 – Legislation, incl. Public Records
NM: Forest Fire Act – Prop. & Emotional Dam.
ONLINE RESOURCES – EDUCATION / TRAINING
2025: FIRE & EMS LAW – RECENT CASE SUMMARIES / LEGAL LESSONS LEARNED: Case summaries since 2018 from monthly newsletters: https://doi.org/10.7945/j6c2-q930
Updating 18 chapters of my textbook, FIRE SERVICE LAW (Second Edition; 2017): http://www.waveland.com/browse.php?t=708
2025: FIRE & EMS LAW – CURRENT EVENTS: https://doi.org/10.7945/0dwx-fc52
2025: AMERICAN HISTORY – LEGAL LESSONS LEARNED FOR FIRE & EMS: https://doi.org/10.7945/av8d-c920
Chap. 1, American Legal System; Code Enforcement
PA: ADMIN. SEARCH WARRANT – SEWER GAS HOME
On Dec. 17. 2024, in Karimu Hamilton v. Christopher B. Flannigan; Bryan Mawr Fire Company, et al., the United States Court of Appeals for the 3rd Circuit (Philadelphia) held 3 to 0 (not precedential decision) that U.S. District Court judge for Eastern District of Pennsylvania properly dismissed the lawsuit against the firefighters and police officers who entered her home with her consent. https://cases.justia.com/federal/appellate-courts/ca3/24-1567/24-1567-2024-12-17.pdf?ts=1734458412
Chap. 1, American Legal System
WA: REMOVAL HOMELESS – PERSONAL PROPERTY
On Dec. 9, 2024, in Bobby Kitcheon, Candance Ream, et al. v. City of Seattle, the Court of Appeals, Division 1, State of Washington, held (3 to 0) that the city ordinance allowing destruction of property of homeless on city property, without prior notice, must be revised. https://www.courts.wa.gov/opinions/pdf/855832.pdf
Chap. 1, Amer. Legal System, Arson
KY: VOL. FFs ARSON – CHURCH – NOT FEDERAL CASE
On Dec. 3, 2024, in United States of America v. Brendan J. Gibson and Robert J. Hughes, United States District Court Judge David L. Bunning, U.S. District Court for the Eastern District of Kentucky, granted the defendant’s motion to dismiss the federal indictment because the church building located at 10950 Dixie Highway, Corinth, KY is not used in interstate commerce, nor used in any activity affecting interstate commerce. https://casetext.com/case/united-states-v-gibson-453
Chap. 2, Safety
PA: FLEEING DRIVER ALMOST HIT EMS – 5-10 YRS
On Dec. 23, 2024, in Commonwealth of Pennsylvania v. Marisa Nicole Liddington, the Superior Court of Pennsylvania held (3 to 0; non-precedential decision) that the sentence of 5 – 10 years in prison was appropriate for aggravate assault on two EMS and for DUI. https://www.pacourts.us/assets/opinions/Superior/out/J-A11020-24m%20-%20106209941292398313.pdf?cb=1
Chap. 2, Firefighter Safety
PA: 2 LODD – CONDEMNED BLDG – CITY DISMISSED
On Dec. 9, 2024, in Rachel Butrim, et al. v. Maor and City Council of Baltimore, United States District Court Judge Matthew J. Maddox, U.S. District Court for the District of Maryland, granted the city’s motion to dismiss. Even though the building was condemned, and not marked to warn firefighters, there was no proof the city intended to harm the firefighters. https://storage.courtlistener.com/recap/gov.uscourts.mdd.559142/gov.uscourts.mdd.559142.21.0.pdf
Chap. 3, Homeland Security
CA: STARTED FIRES DURING STATE EMERGENCY
On Dec. 9, 2024, in Alexandria A. Souverneva v. The Superior Court of California, the California Court of Appeals, Third Circuit, Shasta, held (3 to 0; unpublished decision) that the trial court, upon being informed she was competent to stand trial, revoked her bond (after two years being out on bond) given risk of further fires. She started six fires in rural area on September 22, 2021, burning 200 structures and nearly 9,000 acres; she told a CAL FIRE Captain that she had bombs – they were actually CO2 cartridges. The Court of Appeals reviewed her history of drug abuse and mental illness, and upheld the trial court. https://casetext.com/case/souverneva-v-the-superior-court
Chap. 7, Sexual Harassment
MD: FIRED – VOTE 2-2, NEW HEARING – NO PENSION
On Dec. 17, 2024, in Baltimore County, Maryland v. Theodore C. Priester, Jr., the Appellate Court of Maryland held (3 to 0; unreported decision) that the now retired Captain is entitled to a new decision (instead of a tie vote of 2 to 2) before the Baltimore County Personnel and Salary Advisory Board (“PSAB”). While he is no longer entitled to reinstatement, the Board could decide to award him back pay for time from his termination (May 16, 2013) until he applied for retirement (July 31, 2014). The case has been through numerous appeals and remands, including prior decision denying him a pension. https://www.mdcourts.gov/sites/default/files/unreported-opinions/1316s22.pdf
Chap. 7, Sexual Harassment
US SUP CT: “STRAIGHT” CLAIMS DISC BY GAY MGR
On Dec. 16, 2024, in Marlean A. Ames, Petitioner v. Ohio Department of Youth Services, the U.S. Department of Justice, Solicitor General, filed an amicus brief with the U.S. Supreme Court that Title VII prohibits racial discrimination against both minorities and those who are in majority (including white and heterosexual plaintiffs), with same standards of proof. The 6th Circuit had upheld the dismissal of the lawsuit by Ms. Ames (heterosexual) since she did show “background circumstances” to support her claim; such as statistical evidence showing a pattern of discrimination at her workplace in favor of gays. The U.S. Supreme Court on Oct. 4, 2024 agreed to hear Ms. Ames’ appeal; a decision in this case could have significant impact on “reverse discrimination” cases, including fire & EMS. https://www.supremecourt.gov/DocketPDF/23/23-1039/335322/20241216192608136_23-1039_Ames_Amicus_Brief_iso_Vacatur.pdf
Chap. 8, Race Discrimination
LA: TWO CAPTS DISCIP. – CLAIM DISPARATE TREAT
On Dec. 20, 2024 in Varrick Dyer v. City of New Orleans, et al., United States Magistrate Judge Janis Van Meerveld, U.S. District Court for Eastern District of Louisiana, held that city’s motion for summary judgment will be denied in part. Black Captain was on the 4th engine to fire – later had verbal dispute with white Captain who criticized him for not getting off engine with his crew. The lawsuit will continue on two claims - “disparate treatment” (white charged with “hazing” – letter of reprimand; black charged with “threats” – possible suspension or termination) and subsequent failure to be promoted. https://casetext.com/case/dyer-v-city-of-new-orleans-2
Chap. 8, Race Discrimination
MO: CHIEF FIRED – SECRET CAMERA – BD ANIMUS
On Dec. 18, 2024, in Ankeneth Corbin v. Black Jack Fire Protection District, et al., United States District Court Judge John A. Ross, U.S. District Court for Eastern District of Missouri, held that the former Fire Chief (African American), who was fired on Jan. 17, 2023 for secretly installing a camera and a sound recording device in his office, may proceed with his lawsuit for retaliation. https://casetext.com/case/corbin-v-black-jack-fire-prot-dist
Chap. 9, Americans With Disabilities Act
TX: HOSTILE WORK CLAIM - AGE, WEIGHT, PTSD
On Dec. 17, 2024, in Timothy B. Hauptrief v. Denver Teleford, Fire Lieutenant, City of Converse, Texas, United States District Court Judge Fred Biery, U.S. District Court for Western District, San Antonio Division, held that lawsuit should proceed by the firefighter / paramedic’s claims under ADA and ADEA [Age Discrimination in Employment]. Plaintiff alleges that he suffered a hostile work environment due to his age, weight, and PTSD, and also retaliation for complaining about lack of training. https://casetext.com/case/hauptrief-v-telford-1
Chap. 9, ADA
NJ: BROKE FOOT – PROMOTION TO CAPT. DELAYED
On Dec. 10, 2024, in Jersey City IAFF Local 1066 v. City of Jersey City, the Superior Court of New Jersey, Appellate Division, held (3 to 0; unpublished decision) that trial court improperly dismissed the lawsuit. The city delayed the promotion of a Captain, who broke his foot on duty, until he could return to work. https://www.njcourts.gov/system/files/court-opinions/2024/a0448-23.pdf
Chap. 10, FMLA
TN: NO FMLA VIOL – ALCOHOL - RESIGNED
On Dec. 9, 2024, in Justin Gilbert v. City of Newport, United States District Court Judge Thomas A. Varlan, U.S. District Court for Eastern District of Tennessee, held that the firefighter’s lawsuit is dismissed. On June 11, 2021, plaintiff removed items belonging to Eric Herndon, a NFD battalion chief from a workplace locker and placed them on the tailboard of a fire truck; he received a written reprimand. He took FMLA for alcohol treatment, and then returned to duty. On September 21, 2021, NFD received a call for a structure fire while plaintiff was experiencing alcohol withdrawal symptoms, plaintiff missed the fire truck pulling out of the station. He drove a secondary truck to the scene of the fire where he confronted a coworker, using aggressive and demeaning language. https://casetext.com/case/gilbert-v-city-of-newport
Chap. 11, FLSA
MA: SETTLED – DROP CLAIM DCs NON-EXEMPT
On Nov. 18, 2024, in Brian Bergeron, et al. v. Town of Brookline and Brookline Fire Department, Unites States District Court for the District of Massachusetts, the City filed settlement agreement. The lawsuit was filed December 1, 2023 by two Lieutenants on behalf of a class of 119 current and former firefighters and officers. The original complaint included a claim that Deputy Chiefs were improperly classified as exempt. That claim was dropped in the settlement. https://brookline.news/wp-content/uploads/2024/12/jointsettlementfiling.pdf
Chap. 12, Drug Free Workplace
MT: NEW RANDOM POLICY – MUST BARGAIN
On Dec. 10, 2024, in City of Great Falls v. Int'l Ass'n of Fire Fighters, Local #8, the Supreme Court of Montana held (5 to 0) that the city failed to collectively bargain the new policy and failed to exhaust its administrative remedies. The pre-2019 collectively bargained random drug testing policy applied only to employees with CDLs [commercial driver licenses] and specific “safety-sensitive positions.” The new policy included all city drivers of city vehicles, including firefighters. Multiple city unions filed unfair labor practice charges with the Montana Board of Personnel Appeals (MBPA), and on October 22, 2020 the hearing officer found for the unions. The city did not appeal to the MBPA, but instead on November 20, 2020, petitioned for district court judicial review. The District Court judge denied the petition since the city failed to exhaust administrative rights. https://casetext.com/case/city-of-great-falls-v-intl-assn-of-fire-fighters-loca
Chap. 13
CA: COVID-19 – BC – DUE PROCESS GIVEN
On Dec. 10, 2024, in Robert L. Kilpatrick v. City of Los Angeles, the Court of Appeals, Second District, Third Division, held that the Battalion Chief with 34 years of service was not entitled to a pre-disciplinary hearing prior to suspension, thereby overturning a Superior Court judge that held the City Charter required a hearing and decision by the City Board of Rights. On Nov. 9, 2021 he was given Notice of Charges for not getting a COVID vaccination; the Notice provided Kilpatrick at least 48 hours to either confirm he had complied with the vaccine mandate, or agreed that he would comply by December 18, 2021, and signing an agreement. Kilpatrick did not sign. On November 12, 2021, the City placed him off duty without pay . A virtual hearing took place on December 21, 2021, and Kilpatrick left the hearing after the City refused to produce materials he requested. https://casetext.com/case/kilpatrick-v-city-of-l-a
Chap. 13, EMS
US: VA AMBUL. LOWER TRAVEL RATE SET ASIDE
On Dec. 9, 2024, in Metropolitan Area EMS Authority, et al. v. Secretary of Veteran Affairs, the United States Court of Appeals for the Federal Circuit (D.C.) held (3 to 0) that Congress did not authorize VA to implement reduced ambulance travel reimbursement using Medicare rate for transports that are to “other places” instead of to or from a VA facility (for example, to a nursing home). The Court relied on U.S. Supreme Court’s landmark June 28, 2024 decision, setting aside the “Chevron doctrine” where federal courts normally followed Agency interpretation of Congressional statutes. https://cafc.uscourts.gov/opinions-orders/24-1104.OPINION.12-9-2024_2432337.pdf
Chap. 14, Physical Fitness
AR: WORKING OUT – LUMBAR - WORK COMP
On Dec. 13, 2024, in City of Tucson v. The Indus. Comm'n of Ariz., Court of Appeals of Arizona, Second Division held (3 to 0) that ALJ properly found Spitzer's lumbar surgery claim compensable. The Court held: “The City contends Dr. Jeong's testimony was ‘foundationally deficient’ and should not have been used as competent medical evidence to support the ALJ's award of a compensable claim. We conclude otherwise. Jeong, Spitzer's surgeon, testified that the ‘deadlift episode’ was ‘more likely than not’ the cause of Spitzer's lumbar disk herniation. Dr. Eskay-Auerbach, the City's expert, opined that Spitzer's workout resulted in a 'lumbar sprain’ and noted that deadlifting is ‘not an activity that causes disk herniations.’ Eskay-Auerbach attributed Spitzer's disk herniation to ‘age related degenerative changes.’" https://casetext.com/case/city-of-tucson-v-the-indus-commn-of-ariz
Chap. 15 – Mental Health
TX: SUICIDE ATT. –DORM FIRE – AIR FORCE DISCHARGE
On Dec. 23, 2024, in United States v. Randy B. Giles, Jr., Airman Basic (E-1), U.S. Air Force, the United States Air Force Court of Criminal Appeals, held (3 to 0) that the bad-conduct discharge, confinement for 30 days, and forfeiture of $1,917.00 pay for one month was appropriate penalty, given the attempted suicide by starting a fire on Aug. 16, 2022 in his dormitory room at Sheppard Air Force Base (AFB), Wichita Falls, Texas. Instructors had sent him to be evaluated by Air Force mental, which allowed him to return to his dorm. https://afcca.law.af.mil/afcca_opinions/cp/giles_-_40482_u_2091447.pdf
Chap. 16, Discipline
PA: DISPATCHERS FIRED – NEW YEAR’S ALCOHOL TOAST
On Dec. 27, 2024, in Justin K. Zucak, et al. v. County of Lehigh, United States District Court Judge John M. Gallagher, U.S. District Court, Eastern District of Pennsylvania, granted summary judgment to the County. The dispatchers, including two Supervisors, were fired after participating in a New Year’s Eve toast on December 31, 2019 of “Coquito”- a mixed drink which according to plaintiffs only “contained a negligible amount of alcohol” served in a “mouthwash size cup.” https://casetext.com/case/zucal-v-cnty-of-lehigh-5
Chap. 16, Discipline
MI: WHISTLEBLOWER, REPT BAD TIRES – LATER FIRED
On Dec. 19, 2024, in Dale Gorm v. Northern Bay Ambulance & Rescue, the Michigan Court of Appeals held (3 to 0; unpublished decision) that the trial court improperly granted summary judgment to the ambulance company. In 2022, Paramedic Gorm complained twice to Chairman of Board about poor tires on the ambulances and also complained that the Operations Manager, Ms. Jones, was doing poor job and should be fired. The complaint was about two months prior to being fired. On July 1, 2022, he inadvertently found on the common-use copier a document with EMS salary info and social security numbers, and he showed it two other EMS on duty. He was fired July 14 for “privacy breach.” https://cases.justia.com/michigan/court-of-appeals-unpublished/2024-368783.pdf?ts=1734703212
Chap. 17, Arbitration
OH: FIRE ENGINE MFG – DELAY – ARBITRATION
On Dec. 23, 2024, in Dorset Township Board of Trustees v. T-Line EV, LLC, the Ohio Court of Appeals for 11th Appellate District (Ashtabula County), held (3 to 0) that trial court improperly set aside the arbitrator’s decision that found in favor of the Township. The arbitrator awarded a “Delay Penalty” under the contract 0.5% per week (80 weeks; $7,500 based on $150,000 contract) and ordered T-Line to return their down payment ($75,000), pay for the 2007 Ferrar chassis supplied by the Township ($35000), and reimburse the Township $1,925 filing fee for the American Arbitration Association. https://www.supremecourt.ohio.gov/rod/docs/pdf/11/2024/2024-Ohio-6002.pdf
Chap. 18, Legislation
NM: FOREST FIRE ACT – PROP. & EMOTIONAL DAM.
On Dec. 17, 2024, in Tobin Dolan, et al. v. FEMA, United States District Court Judge James O. Browning, U.S. District Court for District of New Mexico, held that when Congress in 2022 passed the Hermit's Peak Fire Assistance Act, and directed FEMA to disburse $3.95 billion in compensation for property owners damaged by the Hermit’s Peak/Calf Canyon Fire, that compensation can include noneconomic damages, including damages for emotional distress. https://casetext.com/case/dolan-v-fed-emergency-mgmt-agency
This is a new, monthly blog feature! Thank you, Larry Bennet, for providing a great service to leaders in the public safety professions with summaries of significant legal decisions that have impact in the sector!