A former Novato firefighter who was terminated after failing a drug test is fighting back in Marin Superior Court, claiming the fire department violated his labor rights.
Kirk Lewis, 36, filed for a court injunction to be reinstated while the litigation is pending, but Judge Roy Chernus denied the request last week.
However, the judge, in a 10-page ruling, wrote that Lewis has shown “a reasonable probability of prevailing on a claim” that the Novato fire district violated the Firefighters Procedural Bill of Rights.
If so, it might not be enough save Lewis’ job, but it could force a financial settlement by a district that has been plagued by internal turmoil and litigation in recent years. Among other conflicts, the district faced a defamation suit by a former fire chief and paid a $250,000 settlement to a battalion chief who claimed verbal abuse and retaliation by top brass.
In Lewis’ case, the lawsuit stems from an incident on Aug. 12, 2015, at fire station No. 62 on Atherton Avenue. Lewis was in his dorm room.
A supervisor identified as Capt. Kyle Dague smelled marijuana outside the dorm room window and asked Lewis if he was smoking it. That set off a chain of events where Lewis was ordered into the captain’s office for questioning.