Decorated D.C. Fire Investigators File Whistleblower Lawsuit Against D.C. Fire Department

Decorated D.C. Fire Investigators File Whistleblower Lawsuit Against D.C. Fire
Department

Whistleblowers Charge They Faced Retaliation after Reporting Botched Fire
Investigations and Cover-ups by the Department

WASHINGTON, Feb. 19 /PRNewswire/ -- District of Columbia fire investigators
Greg Bowyer and Gerald Pennington filed a whistleblower retaliation lawsuit
today against the D.C. Fire and Emergency Medical Services ("DCFEMS") and Fire
Chief Dennis Rubin in the U.S. District Court for the District of Columbia.
Bowyer and Pennington, both highly decorated firefighters and the most
experienced fire investigators in DCFEMS, allege they endured harassment and
retaliation after they reported the Department's mishandling of fire
investigations, including the arson investigation at Capitol Hill's historic
Eastern Market. Bowyer and Pennington further charge that the Department
covered up its malfeasance by concealing critical facts from the public, the
media and other governmental entities, and withholding the Department's
conclusion that the Eastern Market fire was caused by arson.

Bowyer and Pennington became whistleblowers after they reported these and
other violations of the law to DCFEMS officials, the Mayor, the City Council
and the media. They allege that in response, the Department and Rubin
initiated a campaign of retaliation against them. The retaliation included
removing them from their positions as fire investigators and reassigning them
to demeaning duties, such as inspecting fire hydrants, installing batteries in
residents' fire alarms, and in the case of Pennington, distributing snacks to
firefighters at fire scenes.

According to the whistleblower retaliation lawsuit, on April 30, 2007, within
hours of the Eastern Market fire, and well before the Fire Investigation Unit
had completed its investigation, Rubin announced publicly that he was "90%
sure" that the fire was accidental and had been caused by electrical problems.
As Bowyer and Pennington reported to officials, Rubin's assertion was false
and the Department had solid evidence that a serial arsonist had intentionally
set the fire. According to the Complaint, after a Bureau of Alcohol, Tobacco,
Firearms and Explosives report ruled out electrical causes, a Department
official acknowledged to Bowyer and Pennington that he knew the fire had been
intentionally set, but directed them to keep quiet about it. The
whistleblower retaliation lawsuit further alleges that on May 15, 2007, Bowyer
and Pennington provided information leading to the arrest of an arson suspect,
but that the Department never charged him due to another investigator's
mishandling of the arrest.

According to David J. Marshall, a partner with the D.C. civil rights law firm
Katz, Marshall & Banks, LLP, "Bowyer and Pennington have been harassed,
mistreated, and robbed of their careers because they refused to cover up fire
investigations botched by the Department and the lies and malfeasance of their
superiors. These conscientious public servants did the right thing. In
bringing this lawsuit, we hope and expect that a jury of their peers will send
a strong message to the Department that retaliation is illegal and will not be
tolerated."

SOURCE Katz, Marshall & Banks, LLP

David J. Marshall, marshall@kmblegal.com, or Debra S. Katz, katz@kmblegal.com,
both of Katz, Marshall & Banks, LLP, +1-202-299-1140