BRYAN, Texas (KBTX) -The City of College Station is seeking to dismiss a lawsuit filed against the city, its fire department, and several city employees. The lawsuit makes several claims about inappropriate conduct at the city’s fire department.
LAWSUIT FILED
Darrin Allen, a former employee of the fire department, filed the lawsuit in Brazos County’s 85th District Court. Houston-based Jurek Law Group represents Allen.
The former firefighter claims discrimination, harassment, and breach of his employee contract.
In the lawsuit are allegations of several affairs during work hours and while on city property. It also says workers illegally used controlled substances on duty.
Allen claims he worked in a hostile environment during his time as a firefighter and is seeking over $1 million for monetary relief and a demand for judgment.
MOTION TO DISMISS
The defendants of the lawsuit, led by the City of College Station, quickly filed a response to Allen’s lawsuit, including a motion to dismiss.
In the city’s 14-page motion to dismiss, the court is requested to dismiss the discrimination and retaliation claims against all individual defendants. The city also denies Allen’s allegations.
The motion states Allen resigned from his employment and waited to file his complaint of discrimination and retaliation more than 288 days later, beyond the state’s legal limit.
“Here, Allen does not allege that the College Station Fire Department has the power to sue or be sued; therefore, his claims against this Defendant should be dismissed,” the dismissal documents read.
The document goes on to say that Allen resigned from his employment and retired from the City. He was not terminated but was investigated based upon what the city calls “legitimate reasons not related to his age, gender, or any protected activity.”
The defendants requested that the court deny all of Plaintiff Darrin Allen’s requests for relief, render a take-nothing judgment in the defendants’ favor, and award the defendants such other relief to which they may show themselves entitled.
READ THE LAWSUIT AND THE CITY’S MOTION TO DISMISS BELOW
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