Fired Firefighter Suit Moving Forward Despite Calif. Fire District Denials

March 23--AMERICAN CANYON -- The lawsuit filed by a fired fire fighter against the city and its fire department is still ongoing, despite both agencies denying his request for permission to present a late claim.

Former American Canyon fire fighter/paramedic Carlos Teruel, 34, says he was let go shortly before his probationary period expired and since officials declined to tell him why, assumes it can only be because he took time off to care for his sick wife and small children.

At Tuesday's American Canyon City Council meeting, two special council lawyers for the public entities officially acknowledged the city and the city's Fire Protection District had rejected Teruel's late claim request and said they'd be filing reports.

San Francicsco lawyer, Jennifer Liu, who represents Teruel, said legally, certain kinds of litigation against cities and other such entities, must be presented to them before a lawsuit is filed in court. She added that for a couple of the half-dozen or so claims Teruel is making against the agencies, this didn't happen.

This means the defendant agencies have the right to accept or reject a late claim filed on the plaintiff's behalf, and in this case, both the city council and the same five people acting as the Fire Protection District Board, unanimously rejected it.

"This only potentially applies to three of the claims in this case, but not the underlying discrimination claim," Liu said.

So, worst case as far as the plaintiff is concerned, is that those particular claims can't be included in the suit moving forward. But, the lawsuit is not over, she said.

Though American Canyon City Attorney William Ross says, "the city has taken all the action required as of this time," Liu said the case is moving forward, anyway.

Once Liu's firm is officially notified of the rejection, its lawyers will appeal the city's decision to the court, and Liu said the legal standard here is fairly easily met, so even these parts of suit may be able to continue. But, even if they can't, it is Teruel's legal team's intention to move forward with the other parts of the suit.

Teruel is suing for at least $25,000. City Manager Dana Shigley declined to specify an amount the city may be on the hook for, citing the ongoing litigation.

Contact Rachel Raskin-Zrihen at (707) 553-6824.

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