May 7, 2024

Baltimore LODD Families Sue the City

The families of three Baltimore firefighters who died in a 2022 building fire have filed suit claiming the city’s failure to catalog and mark structurally compromised buildings caused their deaths. Lieutenant Paul Butrim, FF Kenneth Lacayo, and FF Kelsey Sadler were killed, and FF John McMaster was seriously injured in the January 24, 2022.

The families of Lt. Butrim, FF Lacayo and Salder, along with FF McMaster filed suit filed in US District Court for the District of Maryland today alleging that the city’s failures were so egregious that it constituted a violation of their civil rights under 42 U.S.C. § 1983 under a Monell – state created danger – theory.

As explained in the complaint:

• Early in the morning on January 24, 2022, Baltimore City firefighters responded to a fire at 205 South Stricker Street, a condemned row house in the Mount Clare neighborhood.
• They arrived to find the fire in an advanced stage of fire growth.
• No markings or placards were placed outside indicating that the home was compromised.
• So, six firefighters were ordered into the burning structure.
• Moments later, the interior of the house pancaked and collapsed.
• The commander immediately called Mayday, and a rescue team quickly removed two firefighters from the blaze.
• The other four firefighters were not as fortunate—Paul Butrim, Kenneth Lacayo, and Kelsey Sadler died, and John McMaster sustained serious permanent injuries.
• As described herein, the City’s conduct went far beyond the ordinary governmental neglect that is sadly synonymous with Baltimore leadership.
• It was an intentional and egregious pattern of conduct, committed over more than ten years, with such conscience-shocking deliberate indifference to the Plaintiffs’ constitutional rights as to infer the City’s intention to harm the Plaintiffs.
• On information and belief...

This 2-day program is intended for chiefs and fire officers who may have to investigate misconduct by firefighters, as well as union representatives who may need to advise members during an internal investigation. HR professionals and attorneys who represent fire departments and firefighter unions will also benefit from the program. The course looks at the causes for disciplinary problems and explains proven methods for conducting a fair and impartial investigation. Learn how to organize and conduct an investigation, interview witnesses, preserve evidence, and find the truth while respecting the honorable service that firefighters provide. Due process, Weingarten, and Garrity are covered along with the impact of civil service, collective bargaining, and firefighter bill of rights laws.

KCMO Challenges Arbitration Award for Apparatus Driver in Triple Fatal Crash

The City of Kansas City is appealing an arbitration decision that reduced the disciplinary penalty for the firefighter responsible for the 2021 triple-fatal apparatus crash to a three-day suspension without pay. Dominic Biscari was driving Kansas City’s Pumper 19, when it ran a red light, collided with an SUV, struck several parked cars, came to rest in a building, and in the process killed three people.

Last year Biscari pled guilty today to three counts of involuntary manslaughter. He also agreed that he owed $32 million to the victims of the crash. The current case involves the resolution of a grievance over Biscardi’s suspension in 2021 while the criminal case was pending. As explained in the city’s Motion to Vacate the arbitration award...

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• Fire Law Roundup for May 6, 2024
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• Pink Collar Theft in Pennsylvania VFD
• Suit Against FD Alleges False Arrest and Conspiracy

Beyond the Blog

• Maui sues cell carriers over alerts that were never received during deadly Lahaina fire
• Scandal-plagued San Jose Fire Department takes heat over lack of women in the ranks
• Update: Mountain View Fire lawsuit back on track
• Delray fire chief terminated after investigation finds his harassment claims unsubstantiated
• Families of construction workers killed in Charlotte fire file lawsuits against companies that impeded firefighter rescue efforts
• Lexington firefighter threatened woman, damaged door during argument, police say
• Swatara Township Commissioners vote to close fire company after racial discrimination allegations
• Madison FD cutting ties with firefighter who allegedly sold cocaine
• Fire boss report found possible bullying case
• N.J. attorneys claim LODDs in ship fire were a 'fact of life of industrial employment'
• Gary firefighter denies accusations of City Hall vandalism

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