BERLIN — The other shoe dropped this week in the ongoing dispute between Berlin and its fire company when a former firefighter and EMT filed an $8 million civil suit against the department over an alleged pattern of harassment and intimidation over his perceived sexual orientation.
Former firefighter/paramedic Zachary Tyndall, through his attorney James Otway, filed suit in U.S. District Court alleging consistent harassment and intimidation carried out by the department’s leadership over his perceived sexual orientation. The suit, which names the Berlin Fire Company, Chief Bryon Trimble, Assistant Chief Derrick Simpson, former EMS Supervisor Norris Donohue, Jr. and BFC President David Fitzgerald as defendants, is seeking $2 million in compensatory damages and another $6 million in punitive damages.
The suit alleges individual defendants carried out a “deliberate and conscious effort” to harass and intimidate Tyndall in an attempt to drive him out of the department because of the defendants’ perception of Tyndall’s sexual orientation. The alleged pattern of abuse included repeated derogatory slurs and a pattern of offenses aimed at driving Tyndall to quit the department he had been a full-time employee of since 2008 and a cadet since he was 14 years old.
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55 comments:
This individual should receive every cent he is suing for. The defendants' conduct was immoral, cruel, unprofessional, dangerous and put the citizens of Berlin at considerable risk. What they did was pure wrong in every sense of the word and these defendants should be removed from the fire department. They are an embarrassment to the community and an unacceptable liability for the citizens. Shame on them.
LOL. That's what you get for having him/her around to start with.
the berlin fire dept. must be a really screwed up place if they refused to drive the ambulance and or help with stretcher because of the sexual orientation of the other member. who cares what the other persons orientation is . he was a member to help others and the other members of the department werent being a team like they are supposed to be.
To 4:25 - Suppose that had been you or one of your family members on that stretcher? How would you feel? Your comment demonstrates what is wrong with our community and especially with the Berlin Fire Department. Your comment also illustrates the lack of devotion, dedication, professionalism and humanity that has made lawsuits like this possible and allows a situation such as this to exist. I hope we learn from this disaster.
The Berlin Volunteer Far Cumpny just fired a long time good paramedic recently as well. Was a poor excuse they gave the person. Another common denominator is David Fitzgerald.
Hope he wins. This kind of childish crap has no end.
Anonymous said...
LOL. That's what you get for having him/her around to start with.
September 1, 2013 at 4:25 PM
I am against gay marriage and I don't want to know what gays do on their own time and I hate it being forced on me. With that said I don't feel the way you do about him working for the Berlin FD or anywhere for that matter.
Anyone who refused to help that night should be immediately fired.
Just in time. These bullies will pay.
Another reason for a Countywide merit based EMS systems here on the shore.No such thing as a volunteer based EMS.If the fire compamies could not bill they would be out of the business tomorrow Worc.& Wico should take their grant money and make it a merit system.
For starters he is not gay. It is saying that that's what the other members of the firehouse were accusing him of being.
Anonymous said...
Another reason for a Countywide merit based EMS systems here on the shore.No such thing as a volunteer based EMS.If the fire compamies could not bill they would be out of the business tomorrow Worc.& Wico should take their grant money and make it a merit system.
September 1, 2013 at 6:32 PM
EMS should be ran by the counties and not the volunteer fire companies. The employees should be county employees. You are correct that the fire companies would get out of business if it wasn't billing. They need the ambulance billing so they can buy new fire trucks.
Idiots!, same inbred group.
The mayor has been right all along, they cut their ties to the BFC knowing they were nothing but a liability. Trimble's Simpsons etc. No surprises here
I see a return of the wives club!, same "boys" just couldn't have it their way.
It's no secret the exact same group tried this where they work (Ocean City) only difference was they couldn't use the "I am the untouchable volunteer stunt",
This is a shame. Berlin Fire was once one of the best. No one likes change, they just thought they didn't have to.
If it is proven that those accused really did refuse to help the paramedic with a patient, I hope the patient sues them all, too!
I don't know who the patient was in this case...but wouldn't they as well have a case against Berlin for the behavior of the EMT's?? Whoever heard of such bs!! Interesting case though and I do hope Tyndall gets every penny he's sueing them for, serves them right!!!
When the accident happened in Berlin on Rt 50 and rt 818...the comments that were posted were every sad to read. Now why are the Hen wives not making a fuss about the lawsuit....canyour husbands look into the eyes of their children and tell them about bullying when their dads were some of the biggest bullies around. From what I know about this Zack is in his early 20's and Trimble , Simpson and Fitzgerald are in their 40's and Donahue in his 50's. well you old farts it seems that you are being taught a life lesson that your parents should have taught you! Zack I hope you take them for the 8, if I was on that jury I would give you all of it And more. I bet if you looked in that BFC there are more members that have been bullied but were to afraid to step forward. Zack maybe god be with you on this journey and protect you from these small minded men. You have my vote!!,
11:25 the patient could sue but he died at the hospital....how can they sleep at night is what I want to know. How could they look Tyndall in the eye and step away from him and not help. All I can say, they can fool themselves the ones that were on the scene that they did what they had to but one day you will face the man upstairs and he knows the truth. Keep trying to fool yourselves...you had police officers, Tyndall and a civilian on the seen that saw what happened. Boys club can only cover for so long. That's right the hens are coming...
The defendants in this case are true COWARDS. How can they even show their faces in the very community their sworn to protect knowing what they've done to one of their own. They have DISGRACED themselves, all good & dedicated firemen and their community. The patient died and may have even died with the help of the other firemen on the scene but I guess they will never really know for sure. I hope that every time they shut their eyes that they hear the cries & screams of this victim and his family. They just didn't let us down; they abandoned their community in a time of critical need.
Wait til folks see the letter the Berlin Fire Dept sent to the Town, threatening to not provide ems/fire services to Berlin unless they get all their money back!
I heard about that letter too! Give us our money or no service to the tax payers of berlin. Will only provide service to outskirts of town of berlin. What kind of fire co says something like that. Tax payers of berlin have funded that fire co $600,000 a year and you threaten us with no service. Who do these men and women think they are. Lock their doors and let a whole New fire company start up run by county and /or the town of berlin and run that sorry ass of a fire company out of business. I hope the mayor stays strong and does not fund those people. They are not service for others. They do not hold the right to call themselves fire men/women. Shame on you for even saying you might not provide service to the people of berlin. You have some nerve. You will never get a donation, a penny of this from this citizen of berlin. Let Newark or ocean pines come get me or I will drive myself. You do not have the right to call yourselves firemen.
Shut the doors, the town should not give this leadership money! I believe the mayor said no money until new leadership is obtained by the berlin fire company. Well I think the county or town needs to step up and take over because I do not want this company to come to my house for any reasons. Each and everyone of the members that allowed these few people the power to behave this way have a part in this as well. You can not sit back and allow your elected leaders to treat a young man the way you did and not make them stop . You each are held accountable for that. Any one of you that attend meetings, gatherings, drills and any other function that BFC holds has a part in this. You again I say can not sit back and say I did not do anything wrong. When you know wrong is being done and you do nothing you are just as guilty as the persons doing the wrong. shame shame on you berlin fire company...you need to right this horrible wrong. You have allowed the weight of this to be put on the back of a 20 year old MAN. While the rest of you have sat back on you bottoms and watched. I know this young man and he is the kindest person I have met of his generation. I have seen this young man Zack Tyndall help a strange load there shopping bags in their car. I have seen him talk to elderly, poor, rich young, old, ugly and pretty with the same smile on his face and that same light hearted way. I taught you Zack Tyndall and a finer person you will not met. Stay strong and you will win. It sounds like people from the east coast to the west coast are in your corner. You will win!
5:20 just who are you kidding, Zack sees one thing $$$$$$$$$$, that's it!
Actually, I don't see the hens club getting in the middle of this one, after they got spanked so bad in Ocean City. All about Lt. Holloways wife not happy, what else is new. I think the "Berlin boys" are on the own this time.
Actually 11:46....its not about the money....who are u to say anything about it?
I agree with 8:59. 11:46 sounds like they might have something to do with all of this. Holloway and his wife sound like they ran the hens club everyone one talking about back in January. He must be proud, his coworkers sound like they could have done with out all that neg. attention. I would never have had my wife run a club like that. My money at the time was on the bus drivers!
8:59 Someone that knows where, when, and how this entire mess came from. You? It started as a joke (and was wrong) then when Zack started not doing his job, he ran to City Hall hoping for sympathy. After that, everything went downhill. Many of the fireman were wrong, but Zack was every bit as guilty and a willing participant. The lies he has now claimed are evident of his age, and will come around to lose the case. In the end, there are still Berlin "leaders" that need to go, but so did Zack. Now, what do you have to offer?
5:46 If you do a search back in another publication, it was Holloways "hen" wife that went to the Berlin Council and stated that they had no business telling the BFC who their leaders would be. I must say her face looks better with the mud on it anyway. Then she later went to the same publication with the same people regarding their Ocean City jobs. That was the one where she, and her husband were identified as the wives club, cowards and disgraceful, and got spanked bad.
Trimble has requested a leave of absence from Ocean City citing medical (tax dollars again) stress and hardship ........ wonder if they will miss him?
If the Fire Service dumps the likes of Trimbles, Holloways, and Simpsons, maybe, just maybe, it can be an organization the public will respect again, and it's members proud to belong. I believe that's exactly what Mayor Williams has been saying all along. Ocean city tried to clean house, but got caught up in legal and political pressures. Almost every full time OCVC EMT supported Trimble, how's that feel now?
So typical, tax dollars paid to hire trash, keep trash, defend trash, then to rid trash..... we pay either way.
9:26 Your correct, everyone supported Trimble out of pity, but no-one supported the wives club. That was the biggest disgrace Holloway, Hommel and Baker ever orchestrated, and will haunt the rest of us a long time. Trimble is on his own now, and deserves what he gets. Simpson isn't as bad, just young.
Stupid is as stupid does. The "leadership" needs to be replaced, Mayor Williams, stand your ground! The town can't afford this liability, moral or otherwise. BFC has long been known to be untouchable, and unaccountable, both unacceptable!
Stupid is as stupid does. The "leadership" needs to be replaced, Mayor Williams, stand your ground! The town can't afford this liability, moral or otherwise. BFC has long been known to be untouchable, and unaccountable, both unacceptable!
Zack will laugh all the way to the bank. Shame it will be insurance and taxpayers paying the bill, couple rednecks lose their house, now that would teach a lesson.
7:35...Tell me something do you know him on a personal level, because i do. And he would never start spreading lies about anyone. As for not doing his job i find that very hard to believe. Unless you were one of the ones that were harassing him. Why didnt the name calling stop when asked multiple times? I hope that he gets every bit of it
Nobody should have gone had to go through what Zack did. Words can not even explain what he had to endure from these grown men. What has this world come to. I am so upset about this, that grown men can do this and not think they have done something wrong. The honorable thing to do would be to turn your gear in at the next meeting and give a NEW BFC a chance and let the restructuring begin. Bring Jeff back, Zack back If he could even stomach being around some of you and do the right thing. You punished these guys for what so thatbyouncan call people names. Stop the bullying. Stop the meanness, admit your wrongs and start rebuilding. Let the young guys that have not been tainted by bully's take over. Turn your gear in and get out of the sandbox !!! Go Zack.
Does anyone know if the David Fitzgerald mentioned in this lawsuit is the same David Fitzgerald that is the Executive Director of the Wicomico County Humane Society? I sure hope not! If so I hope he is removed from the position as the Executive Director because clearly if he is part of something as disgusting & inhumane as this he is the wrong person to hold that position.
9:05
Yes it is the same person.
Well I certainly hope the Wicomico County Humane Society Board of Directors get rid of Mr. Fitzgerald! Wow so disappointed that he is one in the same!!
A cleaning house is deserved a couple places, connect the dots. County employee Fitgerald gets fired from Wor. County, hired Wic., Simpson Trimble and Holloway employed at Ocean City full time, volley in Berlin, and the trouble follows them, or are they the trouble? Now Holloway is going to Snow Hill Fire dept, when they are begging him to leave Ocean City. How many applies can this bunch spoil? Trimble and Holloway both on leave from Ocean City, medical mind you.
How can our tax dollars be spent even dealing with these self serving individuals that have bullied one of their own, and refuse to correct their actions? I believe the matter goes back to the Council Monday night, Maybe hen Holloway will show up again, and ice the cake with her defense of these inexcusable actions, and allow the Mayor and Council to continue to distance themselves until such time new management is put in place. Giving these clowns money right now is condoning their actions, do the right thing Gee. Most importantly, just think about the patient last December when you vote to write a check.
LOL Lets get this straight Trimble leaves work by ambulance due to stress, Holloway out on stress leave and Donohoe drives himself to the hospital due to stress. What a joke IT IS CALLED FEAR NOT STRESS! Do you think anyone cares how stressed you all are, I believe when Zack was stressed from your abuse you thought it was funny. Not only are you bullys but you are babies too. < YOU DID NOT CARE WHEN YOU WERE DISHING IT OUT.
11:25 Agree 100%, it's called KARMA baby! Babies, remember it was the same ones whose wives had to step up with lies and misinformation to defend them. These are not men, they wouldn't hold a candle to a fire fighter, and their poor paramedics. Check into the reason Holloway no longer gets paid in Berlin, it's because he choked on a call and couldn't save a life. He stresses everyday in OC because they demoted him back to an ambulance, and everyone on his shift knows he's incompetent. ZACK was ten times the worker, made them look bad, and they were going to run him out.
This is so ridiculous. We all have co-workers we do not like. Mature adults do not go around name calling nor do they attempt to harass an unliked co-worker. This reads as something we would hear about occurring on a grade school playground.
Anonymous said...
To 4:25 - Suppose that had been you or one of your family members on that stretcher? How would you feel? Your comment demonstrates what is wrong with our community and especially with the Berlin Fire Department. Your comment also illustrates the lack of devotion, dedication, professionalism and humanity that has made lawsuits like this possible and allows a situation such as this to exist. I hope we learn from this disaster.
September 1, 2013 at 5:02 PM
Sounds like the same attitudes of the paid firemen in Salisbury. Problem is Salisbury gets away with it and I am sure the BFC will get a way with it also.
Anonymous said...
Anyone who refused to help that night should be immediately fired.
September 1, 2013 at 5:37 PM
How do you file volunteers from a volunteer organization ran by volunteer firemen? Volunteer fire departments have a history of being racist, sexist and discriminatory and still get away with it. The good ole boy system at its best.
Anonymous said...
Trimble has requested a leave of absence from Ocean City citing medical (tax dollars again) stress and hardship ........ wonder if they will miss him?
September 4, 2013 at 8:57 AM
Is Trimble's father-in-law the same guy that just got fired from the Town of Fruitland public works for stealing from them? Didn't he get arrested as well? Nice family.
Oh give me a break!!!!
I would love to know why David Fitzgerald got fired from Worcester County Director of Emergency Management Services??? He then got a job as Director of the Wicomico County Humane Society??? What qualifications.
11:30am.....you may not be able to fire a volunteer but they hold medical licenses that state they will aid people in a medical crisis , PULL THEIR Certifcation, they do not have the right to hold those cards. If you were on the scene of that accident and you did not help that day...shred your cards because you do not have the right to hold a card. There is no reason not to have helped that. If you did not want to help then why go to the scene. You should have stayed home. The CRIME comes and yes I said Crim because it is criminal not to have helped. You should all have criminal charges against you.....gee stay strong tomorrow night. Do the town of berlin right . If we have to go into the ambulance business so be it. But do not let them bully you.
Blogger Ray Wisniewski said...
Oh give me a break!!!!
September 8, 2013 at 12:03 PM
Give you a break from what?
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