Fmr. Wilmington fire captain sues city

WILMINGTON, NC (WWAY) — A former Wilmington fire captain has filed a lawsuit against the city because he says the termination violated his constitutional rights and there was no just cause to support the firing.

Attorneys representing Donald Ragavage filed the suit this morning in New Hanover County. According to the suit, Ragavage was employed by the city from September 10, 1990 to September 9, 2014. In December of 2008, he was promoted to captain. In March of 2014, Ragavage was elected president of the Wilmington Professional Fire Fighters Association, which is a local branch of the International Association of Fire Fighters. Before that role, he was involved in the Professional Fire Fighters and Paramedics of North Carolina organization, the document says.

According to the 20-page document, Ragavage says disciplinary actions taken against him that were used to support the termination had no merit. He says the disciplinary actions were also not given to other fire employees. One example he uses is a write-up of an incident involving several firefighters, including his supervisor, where they met to discuss concerns over a proposed pay plan. He says his supervisor was never disciplined even though the HR director said he should be; only Ragavage was disciplined in what he says was called by the fire chief “unprofessional and conduct unbecoming” during that meeting.

Ragavage’s suit also says the disciplinary actions taken against him usually occurred after he was quoted in the media. One example they cited was his quotes in the media about concerns of a plan to close four fire stations. The suit says he was sent home early two hours after the story aired on TV due to an “allegation of misusing the city’s email.” Ragavage says this was an example of retaliation and discourages other fire fighters from their right to free speech and free association.

The document concludes with requests for a trial by jury, to return Ragavage to fire captain with full back pay and benefits in monetary damages, and compensatory damages for the harm done to Ragavage’s reputation and mental and emotional suffering. When he was terminated as captain, HR records show his salary was close to $58,500.

A spokesperson with the City of Wilmington says they do not comment on pending litigation. Ragavage’s attorneys are based in Raleigh and Washington, D.C.