Officer Loses Post-Traumatic Stress Claim
William Biasetti was a police officer with the Stamford, Connecticut Police Department. On May 24, 2005, Biasetti was involved in a high-speed car chase on Interstate 95 during a torrential rainstorm. At the conclusion of the high-speed chase, Biasetti was engaged in a gun battle with the suspects and was in fear of losing his […]
Remotely-Assigned Firefighter Does Not Count Towards Staffing Minimums
The collective bargaining agreement between the North Andover Firefighters Union and the Town of North Andover, Massachusetts requires that the Town have a minimum of eight firefighters assigned to fire suppression on duty at all times. On June 3, 2008, the Town assigned one of its firefighters to travel to a nearby town to assist […]
The High Hurdle Of Showing That Employees Are Similarly Situated For Discrimination Purposes
Calvin Chism, an African-American, was employed for 16 years as a firefighter in Forrest City, Arkansas. Chism had been arrested several times for various charges during his tenure with the Department, including arrests for third degree battery in 1992, for assault in 1994, for aggravated assault in 2003, for two counts of third-degree battery in […]
Lieutenant Does Not Forfeit Pension For Illegally Accessing Civil Service Files
A Massachusetts state statute calls for the forfeiture of a public employee’s pension “after final conviction of a criminal offense involving violation of the laws applicable to his office or position.” Edward Bettencourt was a lieutenant with the Peabody, Massachusetts Police Department. On Christmas Day, 2004, while on duty as watch commander, Bettencourt used an […]
Transfer Of Troopers A Management Right
Members of the New Hampshire Division of State Police are assigned by the division to road patrol within six troop areas, Troops A through F, throughout the state. Section 21.7 of the collective bargaining agreement between the State and the New Hampshire Troopers Association provides: “Any employee may live within a town within a patrol […]
Chief Required To Repay $174k In Retirement Benefits
Gary Walker was employed as a police officer with the City of Eden, North Carolina, from 1968 until his retirement on April 1, 1994. During his employment, Walker was a member of the North Carolina Local Government Employees Retirement System (LGERS). Upon his retirement, Walker began receiving monthly retirement benefits. Walker was subsequently recruited to […]
Firefighter Not Coerced Into Resigning
Kelvin Ross, who is African-American, was a firefighter for the City of Perry, Georgia. A fellow firefighter, Renee Kitchens, complained to Ross that a supervisor wore a T-shirt that offended her. The T-shirt depicted a firefighter laying on the front of a fire truck, dressed in shorts, slippers, a hat, and a shirt pulled up […]
Police Commission’s Decision Does Not Insulate City From Police Chief’s Retaliatory Motive
Daniel Rasic was a police officer with the City of Northlake, Illinois. When he was fired, Rasic sued the City and Police Chief Dennis A. Koletsos, claiming his termination was in retaliation for the exercise of his rights under the Family and Medical Leave Act. When a jury found in Rasic’s favor and awarded him […]
Officer’s Night Blindness Triggers ADA Claim
Ryan Lougheed was a patrol officer with the Village of Mundelein, Illinois. Lougheed’s field training officer (FTO) observed that during the night shift, Lougheed had trouble seeing the keys on the mobile data terminal’s keyboard in his vehicle as well as difficulty seeing numbers and letters on license plates. The FTO informed Lougheed that he […]
City Not Required By ADA To Offer Light-Duty Accommodation To Fire Investigator
Public safety employees have been notably unsuccessful in convincing courts that their employers should accommodate disabilities by assigning them light-duty work. As learned by Gary Cremeens, a Fire Investigator for the City of Montgomery, Alabama, courts routinely hold that employers have no obligation under the Americans With Disabilities Act to accommodate disabilities that interfere with […]
Residency Requirement Violates Title VII
The North Hudson Regional Fire and Rescue (NHRFR) is a consolidated municipal fire department and political subdivision of the State of New Jersey that serves several communities in North Hudson County. In New Jersey, civil service positions such as firefighter are subject to the examination process administered by the New Jersey Department of Personnel. In […]
Compelled Internal Affairs Interview Not ‘Seizure’ For Fourth Amendment Purposes
Lawrence Goodine was a police officer for the City of Chattanooga, Tennessee. In early 2007, after complaints from several suspects, the Department’s Internal Affairs division began investigating Goodine. On March 7, 2007, Internal Affairs officers approached Goodine during roll call and ordered him to accompany them back to their offices. Goodine was escorted into a […]