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| Alabama |
N/A |
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| Alaska |
N/A |
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| Arizona |
N/A |
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| Arkansas |
N/A |
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| California |
N/A |
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| Colorado |
None. |
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| Connecticut |
A municipality and firefighter in need of legal defense in a joint matter may be represented by the same attorney if the municipality files a statement with the court stating that it will pay any verdict entered against the firefighter. A municipality must pay for the damages incurred by a firefighter in the course of his or her duties, even volunteers, so long as the damages were not the result of a willful or wanton act. A municipality may acquire appropriate insurance to defray the costs of these payments. |
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| Delaware |
The state does not have to provide legal defense. If found liable, employees of the state must not pay damages of greater than $300,000 for any single occurrence. |
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| Florida |
N/A |
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| Georgia |
N/A |
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| Hawaii |
Firefighters prosecuted for any crime or acts done in the performance of his/her duties as a firefighter are represented and defended. In the case of criminal and traffic violations, the firefighter is represented and defended by an attorney employed and paid for by the local government. In civil cases the firefighter is represented and defended by the corporation's counsel or the county attorney. |
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| Idaho |
N/A |
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| Illinois |
N/A |
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| Indiana |
N/A |
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| Iowa |
None. |
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| Kansas |
N/A |
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| Kentucky |
The Attorney General's Office has defended some firefighters, but there is no program or law requiring defense of firefighters. |
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| Louisiana |
N/A |
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| Maine |
N/A |
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| Maryland |
N/A |
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| Massachusetts |
N/A |
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| Michigan |
N/A |
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| Minnesota |
By state statute, the city or township must provide legal counsel for any firefighter if an action is brought against the firefighter for damages caused by the operation of a motor vehicle in the course of the firefighter's official duties. The municipality must also pay the expense of defending the suit, including providing witness and reasonable counsel fees. |
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| Mississippi |
None. |
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| Missouri |
N/A |
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| Montana |
N/A |
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| Nebraska |
The political subdivision which employs a volunteer firefighter must defend him or her against legal action based upon negligent error or omission while in the performance of his or her lawful duties. If the volunteer is found guilty, the political subdivision must pay the damages.
Contact: Nebraska Legislature. State Capitol, PO Box 94604, Lincoln, NE 68509-4604. Phone: (402) 471-2221. |
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| Nevada |
N/A |
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| New Hampshire |
N/A |
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| New Jersey |
None. |
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| New Mexico |
N/A |
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| New York |
Although there is no state benefit, several counties have a legal defense fund. |
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| North Carolina |
N/A |
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| North Dakota |
N/A |
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| Ohio |
Members of the Ohio State Firefighter's Association will be reimbursed for legal expenses. Through the Legal Defense Trust Fund, legal expenses for Firefighters and EMS personnel that are involved in an accident and charged with vehicular homicide are covered, regardless of the degree. The fund covers Trust Fund members responding to the station or incident, and return as long as it is a properly dispatched response. To be eligible for benefits from the trust fund, the individual must be a member of a legally organized fire department or rescue unit.
Contact: Ohio State Firefighters' Association. 3275 Crestview S.E., PO Box 400, Mogadore, Ohio 44260. Phone: (800) 825-6732. |
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| Oklahoma |
N/A |
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| Oregon |
N/A |
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| Pennsylvania |
N/A |
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| Rhode Island |
N/A |
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| South Carolina |
None. |
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| South Dakota |
N/A |
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| Tennessee |
N/A |
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| Texas |
N/A |
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| Utah |
N/A |
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| Vermont |
N/A |
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| Virginia |
N/A |
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| Washington |
State law does not allow for legal action against the individual at which the authority has the right to choose to defend the responder. |
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| West Virginia |
N/A |
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| Wisconsin |
N/A |
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| Wyoming |
N/A |
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