Attorney moves to dismiss Milton Fire Department suits

An attorney representing Milton Fire Department has filed motions to dismiss three lawsuits brought against the department by former Fire Chief Lynn Rogers.

Rogers, 63, filed the lawsuits in mid-February, claiming Milton Fire Department and a few of its members intentionally drove him out and maliciously stripped him of his membership status and rights. Rogers filed two lawsuits against the department, one in Chancery Court and one in Superior Court, and filed a third lawsuit against fire department Secretary John F. Bushey in Superior Court.

Each of the suits claims similar damages, including defamation, violating due process, age and employment discrimination, conspiracy and emotional distress.

The motions to dismiss each of the suits were filed March 17, said attorney Bradley Lehman, who was chosen to defend the department after the claims were reviewed by the department’s liability insurance provider. The Superior Court cases will be heard at 11 a.m., Friday, April 21; no date has been set for the Chancery Court case.

Lehman's filings argue Rogers' defamation claims, which outline incidents dating back to 2011, should be dismissed because the statute of limitations on such claims is two years.

“Defamation actions in Delaware are governed by the two-year statute of limitations for personal injuries,” one of the motions reads. The two-year limit also applies to Rogers' claim Milton Fire Department and its members, including Bushey, violated due process and caused emotional distress, Lehman's argument states.

The Chancery Court motion for dismissal states while Rogers alleges actions caused emotional distress, Rogers “does not allege that he experienced any emotional pain.”

In his 42-page Chancery Court lawsuit, Rogers' attorney, Gary Alderson, outlines several events that forced Rogers out of the department. It all began in 2009, the suit claims, when Rogers lost the department fire chief election to Lester “J.R.” Clark.

All three suits claim Bushey and other department members “conspired to destroy Rogers' reputation and good name.” The suits outline several other incidents between 2011 and 2014 to support those claims.

The suits also show tension between Rogers and Clark, which led to professional mediation and the fire company board's decision to strip Rogers of the title of first assistant chief “to create an organizational dynamic where both [Rogers] and Mr. Clark hold no position of authority over each other.” Both Rogers and Clark were placed on probation at that time, the suit states.

In June 2014, after Rogers appealed his probation, he received a letter stating the board had denied his appeal and would impose “a revised status of membership.” The board approved Clark's appeal of the probation and reinstated his membership rights, the suit states. Rogers' suits say his revised status of “Permanent Honorary Membership” barred him from voting, holding office, attending meetings, alarms or trainings, or possessing any department property. The suit also states there is no such membership status in the department's bylaws.

The motions to dismiss Rogers' lawsuits state his claims hinge on the 2014 membership status change, but the two-year statute of limitations has expired.

Rogers, who joined Milton Fire Department in 1969, became a “Lifetime” member in 1989. He also served as the department's chief from 1980 until 2009. Through the lawsuits, Rogers seeks a permanent injunction to reverse actions taken against him and prohibit the department from taking any further action against him. The suits also seek an unspecified amount in compensatory damages and attorney's fees.

Rogers has requested trial by jury in all three of his suits.