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Judge refuses to toss suit by ambulance driver fired after doughnut stop
Houston Chronicle ^ | 10/31/2001 | Rosanna Ruiz

Posted on 11/01/2001 4:49:38 AM PST by wysiwyg

Oct. 31, 2001, 3:54PM

Judge refuses to toss suit by ambulance driver fired after doughnut stop

By ROSANNA RUIZ
Copyright 2001 Houston Chronicle

A federal judge has denied the city of Houston's request to throw out a lawsuit filed by a former ambulance driver fired after he stopped for doughnuts while transporting a patient to a hospital.

U.S. District Judge Lee Rosenthal granted Larry Wesley 30 days to amend his employment discrimination suit, which he filed in May.

Wesley must amend his suit to redefine his discrimination case and name the city as the defendant, instead of the fire department, because the department can not be sued as an independent entity, court documents say.

The ruling, however, was not entirely in Wesley's favor. Rosenthal dismissed Wesley's claim of intentional infliction of emotional distress because state law protects municipalities from such claims.

Ray Shackelford, Wesley's attorney, said the fire department treated his client unfairly because of his race.

"The manner in which he was handled is different from the way non-black drivers and firefighters are handled," Shackelford said.

In his suit, Wesley claims that other EMS drivers caught making unscheduled stops either were not fired or were later reinstated.

Carole Snyder, an assistant city attorney who will represent the city in the case, declined to comment about Wesley's suit or Rosenthal's ruling.

Wesley, who was assigned to Fire Station 35 off Martin Luther King Boulevard, was taking an injured youth to Ben Taub Hospital on July 10, 2000, when he stopped for doughnuts.

The boy's mother filed a complaint that led then-Fire Chief Lester Tyra to fire Wesley, a 20-year department veteran. The Firefighters' and Police Officers' Civil Service Commission upheld Wesley's firing, and Wesley did not appeal the decision.

Two other Houston firefighters were fired on similar grounds in February, when they delivered groceries at a northeast fire station with a patient aboard their ambulance.

The firefighters, Leonard Robinson and John Englehardt, have since been reinstated, said District Chief Jack Williams.

For education and discussion only. Not for commercial use.


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To: jude24
Please see posts 37, 38 and 39.
41 posted on 11/01/2001 12:44:32 PM PST by Reelect President Dubya
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To: Reelect President Dubya
I don't doubt that people call for emergency vehicles to be transported to the hospital when it is a non-emergency situation. But what about this particular case? How do you know that in the case mentioned in the article, it was a non-emergency?
42 posted on 11/01/2001 1:07:07 PM PST by NYCVirago
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To: Reelect President Dubya
The kid died according to another post.
43 posted on 11/01/2001 1:17:19 PM PST by justshutupandtakeit
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To: justshutupandtakeit
The kid died according to another post

No, he didn't. That was the incident referred to in post 39. This kid did not die. He didn't even palpitate. Never was any danger.

44 posted on 11/01/2001 1:26:41 PM PST by Reelect President Dubya
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To: NYCVirago
How do you know that in the case mentioned in the article, it was a non-emergency?

Did you even bother to read my responses 37, 38 and 39 to you where I said it was all over talk radio for a couple of weeks?

45 posted on 11/01/2001 1:27:59 PM PST by Reelect President Dubya
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To: mewzilla
And, on a related note, people wonder why the federalization of airline security is a bad idea....

You beat me to it.

46 posted on 11/01/2001 1:34:31 PM PST by Straight Vermonter
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To: Reelect President Dubya
Wow and in that case another 20 employee was fired. Do you have any idea what this kid was being taken to the hospital for?
47 posted on 11/01/2001 8:10:47 PM PST by justshutupandtakeit
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To: justshutupandtakeit
Wow and in that case another 20 employee was fired.

The proper form of the verb would be "were" fired, not "was" fired. And "employee" should be plural.

Your English is as bad as your reading skills.

48 posted on 11/01/2001 9:21:55 PM PST by Reelect President Dubya
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To: Reelect President Dubya
...20 YR. employee was fired. My reading skills are much better than my typing skills which are about par with your ability to understand, etiquette and tact.
49 posted on 11/06/2001 8:43:32 AM PST by justshutupandtakeit
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To: Rodney King
Yeah, well, did those people have patients in their ambulance?

The article states that they did.

50 posted on 11/06/2001 8:47:29 AM PST by cinFLA
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To: stainlessbanner
Oh dang! You beat me to it. Who could blame a guy for a Krispy Kreme stop?

Isn't that part of their union contract?

51 posted on 11/06/2001 8:57:15 AM PST by garyhope
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To: *Firefighters
Bump List Bump
52 posted on 11/06/2001 8:58:16 AM PST by Species8472
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