A lawsuit filed by an African American recruit firefighter in Washington state who had a noose placed around his neck by a fellow recruit, has been voluntarily dismissed. Elijah Page filed the action in federal court back in 2023 against the Clark County Fire District 6, three chief officers, a captain and former recruit John Erickson.
Last December, the trial court dismissed all of the federal charges against all defendants, except for four state-law claims against Erickson personally. Page opted to appeal to the Ninth Circuit, but apparently had second thoughts. The parties came to an agreement whereby the department agreed to waive any rights to trial costs of $ 20,220.95, and both the appeal and the trial court proceeding would be dismissed.
An order dated November 4, 2024 explains the court’s reasoning.
- On June 7, 2022, the recruit class was receiving training on knot tying.
- During lunch, Erickson “began tying a prussik with a double fisherman’s knot” and then placed it over Page’s head/neck.
- The prusik knot “could be perceived as a noose [because] it has a barrel-type pattern resembling . . . a noose” though “it does not function as a noose.”
- Chief Russell subsequently placed Erickson on Administrative leave for the remainder of the day, gathered Russell’s belongings, and escorted him off District property.
- The Court is unaware of, and Page fails to identify, any authority supporting the proposition that the one-time actions of a probationary co-worker constitute an adverse employment action by the employer that materially affected the compensation, terms, conditions, or privileges of employment.
- Page has failed to establish an adverse employment action and, therefore, fails to establish a disparate treatment claim under § 1981 vis-à-vis § 1983.
- Erickson was a probationary co-worker whose conduct was a one-time event.
- The District Defendants had no advance notice Erickson would act out against Page.
- Erickson was placed on administrative leave and escorted off District property on the day of the incident.
- Erickson never returned and his employment was terminated two days later for failing his probationary period based on his conduct towards Page. These facts are undisputed.
- The Court cannot objectively conclude Page’s work environment could be perceived as abusive because of Erickson’s one- time misconduct.
- Page’s hostile work environment claim fails as a matter of law.
A copy of the November 4, 2024 decision is attached as is a press release from Clark County Fire District 6:
