LRIS on 02/03/2024

What Is A ‘Constructive Discharge’?

With some regularity, employees who resign later file lawsuits claiming that their working conditions were so oppressive that their resignations should be considered as “constructive discharges” subjecting the employer to potential lability. As demonstrated by a lawsuit filed by Officer Timothy Hoff

LRIS on 02/03/2024

‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure

In 2018, Florida voters amended the Florida Constitution to include a number of rights for crime victims. The general intent of the amendments, colloquially known as Marsy’s Law, was “to achieve justice, ensure a meaningful role throughout the criminal and juvenile justice systems for crime victims,

LRIS on 02/03/2024

Common Law Marriages And Survivor Benefits

Marta Danylyk and David Hofer began dating in February 2012. At that time, Hofer served as a police officer for the City of New York. Danylyk and Hofer began living together in New York in November 2013. The couple moved to Texas together in January 2014, where Hofer began employment with the Euless

LRIS on 02/03/2024

Court Rejects Argument That Officer Could Have Anticipated Injury

Viktor Diaz worked as a police officer in Camden, New Jersey. On June 24, 2015, Diaz was on foot patrol when he observed what appeared to be a drug transaction. As he approached the two suspects, they fled in opposite directions, and Diaz chased who he believed to be the buyer. Diaz caught up with t

LRIS on 02/03/2024

Request For EAP Did Not Put Employer On Notice Of Disability

Christopher Chandler was a firefighter and paramedic in Walton County, Florida. He spent three months on leave after an injury to his hip and back. During this leave, Chandler had a conversation with his superiors about his mental health and indicated that he was experiencing depression and post-tra

LRIS on 02/03/2024

Whistleblower Failed To State Title VII Retaliation Claims

Christopher Perez was a police officer in Floresville, Texas. During his five-month tenure, he filed several grievances and made verbal complaints against his field training officer, Thomas Silvas, over three separate incidents.Perez claimed that (1) Silvas interfered with his felony arrest of an in

LRIS on 02/03/2024

Peace Officer License Of Reserve Deputy Sheriff Properly Revoked

Lawrence Ciesemier is a physician and professor who purchased a 160-acre property in Adair County, Missouri, in 2017. In the year after purchasing and moving to the property, he and his wife were disturbed by coyote hunters on multiple occasions. Hunters allowed their dogs to roam the property, and

LRIS on 01/05/2024

Township Violates Free Speech Rights By Banning Thin Blue Line Flag

The Springfield Township Police Benevolent Association represents police officers working for Springfield, Pennsylvania. The PBA incorporated the “Thin Blue Line American Flag” into its logo. The flag also appears in areas of the police station, to which the public has limited access. For example, t

LRIS on 01/05/2024

Court Upholds Firefighter Termination For Violating Covid-19 Protocols

Nicola Tamburro is a firefighter for the City of Stamford, Connecticut and a member of Local 786 of the IAFF. During the Covid-19 pandemic the City established protocols that restricted entrance to public buildings, mandated mask-wearing, social distancing, and re­quired submission to temperature ch

LRIS on 01/05/2024

Not Discrimination When Deputies Demoted After Investigation And ULP Filings

Corrections deputies McKenzie Bur­gess and Scott Cram work at the Franklin County Jail in Pasco, Washington. Both are active in their union, and were shop stewards. They served under Franklin County Sheriff Jim Raymond since his election in 2015.Sheriff Raymond had a contentious relationship with th

LRIS on 01/05/2024

Illegally Recorded Conversations Can Be Admissible Evidence In A Civil Lawsuit

Peter Lopresti was a captain for the police department in the Township of Old Bridge, New Jersey. He was termi­nated after Lieutenant Robert Schleuter surreptitiously recorded him making “sexist, harassing and discriminatory comments” while speaking with other employees of the police department. Lop

LRIS on 01/05/2024

Cell Phone Warrant Of Officer’s Phone Too Broad

Cyrus Sukhadia was a Pittsburgh police recruit in 2014. On October 17, 2014, Detectives James Simunovic and Jeffrey Abraham met with Sukhadia in order to conduct an interview regard­ing his arrest on charges which alleged that Sukhadia provided alcohol to an underage female and communicated with her

LRIS on 01/05/2024

Assistant Police Chief Properly Terminated After Raising Corruption Concerns

Jason Dusterhoft was an Assistant Chief of the Austin Police Department. On July 14, 2017, he met with Chief Brian Manley and Assistant City Manager Rey Arellano, who informed him that he was being demoted for two non-policy issues. Dusterhoft then raised several concerns he had with the Department,

LRIS on 01/05/2024

Union President Can Waive Union’s Bargaining Rights

Local 117 of the New England Po­lice Benevolent Association represents police dispatchers working for the City of Methuen, Massachusetts. Joseph Sol­omon was the police chief, and Robert Finn was the President of Local 117. In 2020, Local 117 and the City nego­tiated a Memorandum of Agreement provid

LRIS on 01/05/2024

Fire Employees Unsuccessfully Allege Anti-Marriage Discrimination

Frank Dellucky was a firefighter who worked for the St. George Fire Protection District No. 2 in Louisiana. Stacey Roberson joined the District in 2013 and worked in several administra­tive roles. Dellucky and Roberson were both married, and Roberson’s husband was Assistant Fire Chief for the Distri

LRIS on 01/05/2024

City Not Liable When One Officer Attacked Another

Iain Watt is a police officer in the City of New Orleans, Louisiana. One day, his supervising officer, Sergeant Jamie Roach, instructed him to drive her to Harrah’s Casino in order to perform her payroll duties. Very shortly thereaf­ter, another sergeant named Hoffacker requested Watt’s assistance i

LRIS on 01/05/2024

Whistleblower’s Report Is Protected Perceived Speech

Anthony Zona is a police officer with the Town of Stratford, Connecti­cut. Zona had a long-running feud with Lieutenant Santos, which began in 2019 when they ran against each other in a contentious race for union president. Santos won the election. In late 2019, Zona received a written warning for a

LRIS on 01/05/2024

Q & A

From Florida:Question: We currently do not have our promotional process in our collective bargaining agreement. The process is outlined in the general orders of the police department. The administration attempted to change the process at which time I advised them that I was filing a demand to impact

LRIS on 12/08/2023

Consent Decree Does Not Impair Bargaining Rights

The history of negotiations over disciplinary procedures in the Newark Police Department in New Jersey is a long one. In 1993, the City of Newark and the unions representing Newark’s officers agreed to General Order 93-2, modifying the disciplinary process for the unions’ members. Several years late