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CONCORD - A former Dover firefighter/paramedic filed a federal lawsuit against the city and the current assistant fire chief

Portsmouth Herald - 10/10/2017

CONCORD - A former Dover firefighter/paramedic filed a federal lawsuit against the city and the current assistant fire chief claiming age and disability discrimination and emotional distress from alleged hazing incidents.

The four-count suit was filed by Benjamin P. Noyes of Atkinson on Friday in U.S. District Court in Concord through his attorneys Benjamin T. King and Megan Douglass of the law firm Douglas, Leonard & Garvey, P.C. of Concord.

Noyes, in his complaint, requests the court to find the city liable for disability and age discrimination and award Noyes for "lost wages, lost employment benefits, lost earning capacity and counseling expenses." Noyes also requests the court to award him "damages for his emotional distress, humiliation, inconvenience and loss of enjoyment of life" and "enhanced compensatory damages." Noyes does not indicate how much money he is seeking in damages from the jury trial he requests.

Noyes claims that Assistant Fire Chief Paul Haas - who was a captain and Noyes's supervisor when he was employed at the department from August 2014 through May 2015 - was the main instigator. On Noyes's first day, he claims that Haas told him that he was "way too young. I only want guys with real life experience on my shift." Noyes alleges another firefighter who is unnamed in the suit said, "We don't like you guys here. The last guy your age quit after four months."

In response to a Foster's query sent to Haas, Fire Chief Eric Hagman, City Manager Michael Joyal and City Attorney Anthony Blenkinsop on the lawsuit, Joyal said in an email, "We have not received notice from the court. Once received, legal counsel will review and respond accordingly to the suit."

During one of his orientation days, Noyes alleges that Haas directed him to complete ladder training exercise that "deviated from department protocol and (National Fire Protection Association) standards." "Captain Haas also violated NFPA standards where he demanded that Mr. Noyes perform this task in full gear, in 90-degree weather, dozens of times, without any opportunity for rest or water," the suit alleges.

After, Noyes claims that he pulled at his equipment to get air and bent to his knees in heat exhaustion. Instead of checking on him, Noyes alleges that Haas asked if he could keep going, and when Noyes failed to respond, Haas "ordered" Noyes to clean gutters on the black-tar roof for "nearly an hour."

"When Captain Hass (sic) finally permitted Noyes to descend the ladder, the Captain permitted the shift members to drink water in front of Mr. Noyes but denied Mr. Noyes any water," the suit claims.

Noyes states that following that "hazing," he told his department mentor that he was "traumatized as a teenager by bullying and that he was again feeling bullied by Captain Haas."

In another incident at an alarm activation call in the fall of 2014, Noyes alleges that he was, "against all protocols," sent to crawl into the building to determine the reason for the alarm. The vacant building had "purportedly" been treated for a bedbug infestation. Noyes claims that he found no infestation or source of the alarm. When Noyes returned to the station, Haas allegedly had Noyes strip before entering the fire station so that no bedbugs would enter the facility.

Noyes claims that eight firefighters and two captains taunted, photographed and took video of him naked. "As Captain Haas kept filming , another firefighter sprayed water on Mr. Noyes with a hose while others demanded he spin for the cameras." Another firefighter allegedly shook Bengay powder on his body "and threw it in his face."

In late November of 2014, Noyes alleges during a call to a serious car crash, Haas accused a driver of being intoxicated. After the driver allegedly said, "No I am not, you pig!," Haas "demanded that the driver be aggressively ripped from the vehicle and that Mr. Noyes and other firefighters 'hog-tie' the driver face down on a backboard to punish the driver."

Noyes said in the suit that he refused to do so and told Haas that it was against standards of care. The patient was allegedly transported in the ambulance hog-tied and Haas "forced Mr. Noyes to watch helplessly as the helpless patient writhed and screamed in agony."

Noyes claims that Haas "forced" him to sign a falsified emergency response report that eliminated any reference to the alleged treatment of the patient. Haas also allegedly certified that Noyes, not Haas, "had been responsible for the patient's care."

Asked on Monday if he could recall that accident, Dover Police Chief Anthony Colarusso declined to answer, saying in a text that he could not comment on the lawsuit. Police usually respond to motor vehicles accidents when the fire department responds.

Noyes also alleges he was drugged during "a Dover Fire Department drinking expedition to Boston" to celebrate the retirement of a firefighter/paramedic in May of 2015. On their way to Boston, one firefighter allegedly said he wondered "who's going to get roofied today," referencing the drug Rohypnol, sometimes called the date-rape drug.

On the return to Dover, Noyes said he told Haas that he had been drugged.

Noyes's girlfriend picked him up at the train station and drove him to Portsmouth Regional Hospital. In the emergency room, Noyes said in the suit, he had a seizure. Noyes remained hospitalized from May 8 to May 12, 2015, the suit states.

After being cleared for work, Noyes alleges that his probation was ended and was given a choice by the then fire chief that Noyes could either resign or be terminated.

Noyes filed a charge of discrimination with the New Hampshire Commission for Human Rights in June of 2015, which outlined similar allegations as the federal lawsuit. The discrimination charge was also filed with the U.S. Equal Employment Opportunity Commission (EEOC). According to the federal lawsuit, the EEOC in August issued Noyes a notice that allowed him to sue within 90 days.

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