Judge Says Fire Station Is No “Animal House”

Frat house or fire house, you decide. A judge has thrown out a lawsuit by a county fire captain who alleged he was retaliated against for exposing what he called “Animal House” conditions at an Inglewood station.

Los Angeles Superior Court Judge Conrad A. Aragon heard arguments for and against the county's motion to dismiss Thomas Encinas' case on Friday. He took the case under submission before granting the motion later that day.

Lawyers for the county argued the fire captain's claims had no merit, but Encinas' lawyer, Genie E. Harrison, said the case should have gone before a jury.

In his four-page ruling, Conrad found there was insufficient evidence to support Encinas' retaliation claim or that he was harassed because he is a Latino.

Encinas filed suit against the county and fellow station Capt. Brent Burton in September 2007, alleging that Burton -- who is black -- used his race to shield himself from discipline for allowing pranks that resembled a “modern- day Animal House”' because he knew other black managers within the department would protect him.

The county, concerned about past legitimate discrimination claims by black members of the department, now goes out of its way to “trample on the rights” of non-black firefighters like Encinas, his suit alleged.

Lawyers for the county denied his allegations.

Encinas began his firefighting career with the county in 1989 and began working shift “A” at station 170 at 10701 Crenshaw Blvd. in August 2005. He claimed he became “the target of harassing conduct initiated and facilitated by Burton” 11 months later.

Burton worked the station's “B” shift and turned a blind eye to such pranks as firefighters setting trash cans, sofas and Christmas trees ablaze, prompting neighbors to dial 911 to report fires and make in-person complaints, the suit alleged.

Burton also tolerated firecrackers being tossed at children walking by the station or used to blow kitchen cabinet doors off their hinges causing injuries to one firefighter, Encinas alleged. Burton, he alleged, also did nothing when smoke bombs were discharged inside the station.

In September 2006, Burton took firefighters to the Los Angeles Convention Center to see a black business exhibit and have lunch at the Pantry restaurant, leaving their fire coverage area without truck protection for about five hours, the suit alleged.

Encinas claimed the area was left open to fire danger when Burton permitted men and equipment to leave their jurisdiction to monitor remodeling work being done on his home.

Pranks that Burton allegedly ignored included the raising of a pirate flag up a pole instead of the American and California flags; the destruction of the station barbecue; the staging of food fights that damaged a carpet; and the destruction of a library cabinet that included throwing the glass doors onto Crenshaw Boulevard.

Encinas claimed the retaliation he endured for being a whistleblower included being transferred to a South Los Angeles station where he had to supervise a firefighter who previously served with Burton and was still friendly with him.

Encinas also alleged that Burton told him he considered himself “untouchable” because of his relationships with two black deputy fire chiefs and he felt insulated by his position as president of a black firefighters' association.

Harrison, Encinas' attorney, previously represented Tennie Pierce, a black Los Angeles firefighter who obtained a $1.43 million settlement of his discrimination suit against the city. Pierce alleged a colleague mixed dog food with his spaghetti dinner.