College Station denies and seeks to dismiss former firefighter’s lawsuit

On November 27, 2024By Pranco

BRYAN, Texas (KBTX) -The city of College Station is seeking to dismiss a lawsuit filed against the city, the fire department and several city employees. The lawsuit makes several claims about improper conduct at the city’s fire department.

CASE LAW FILED

Darrin Allen, a former fire department employee, filed the lawsuit in Brazos County’s 85th District Court. Houston-based Jurek Law Group represents Allen.

The former firefighter claims he is being discriminated against, harassed and his employment contract is being violated.

The lawsuit includes allegations of several incidents during work hours and on city property. It also says employees illegally used controlled substances while on duty.

Allen claims he worked in a hostile environment during his time as a firefighter and is seeking more than $1 million for financial relief and a judgment order.

MOTION TO DISMISS

The lawsuit defendants, led by the city of College Station, quickly filed a response to Allen’s lawsuit, including a motion to dismiss.

The city’s 14-page motion to dismiss asks the court to dismiss the discrimination and retaliation claims against all individual defendants. The city also denies Allen’s allegations.

The motion states that Allen resigned and waited more than 288 days later to file his discrimination and retaliation complaint, beyond the state’s legal limit.

“Here, Allen is not claiming that the College Station Fire Department has the power to sue or be sued; therefore, his claims against this defendant must be dismissed,” the dismissal documents said.

The document goes on to say that Allen has resigned and retired from the city. He was not fired, but was investigated for what the city calls “legitimate reasons unrelated to his age, gender or any protected activity.”

The defendants requested that the court deny all of plaintiff Darrin Allen’s motions for damages, enter a “none-nothing” judgment in favor of the defendants, and grant the defendants any other relief to which they would be entitled could have.

READ THE LAWSUIT AND THE CITY’S MOTION TO SEAL BELOW