Judge Puts Halt to D.C. EMS Firing

WASHINGTON, DC (WUSA) - A week after DC's new fire chief ordered the firing of one firefighter and the suspension of another, a DC Superior Court Judge is saying not so fast.

Judge Robert Tignor issued a temporary restraining order on Monday that keeps Chief Dennis Rubin from disciplining two firefighters who treated former New York Times reporter David Rosenbaum.

A DC Fire and EMS Department trial board found the firefighters guilty and ordered suspensions for the two. On, April 30th, Chief Rubin increased the penalties, ordering the firing of one firefighter and a longer suspension for the other. Both firefighters were the first to treat David Rosenbaum after he was found on a sidewalk in Northwest in January, 2006.

A DC Inspector General's report found the two, who were assigned to Engine 20, failed to recognize that Rosenbaum had suffered a head wound. David Rosenbaum had been beaten and robbed, but the report showed firefighters believed he was drunk. Rosenbaum later died at Howard University Hospital.

Local 36 of the International Association of Firefighters contends Chief Rubin has violated department rules and the contract with the union by increasing the trial board's penalty. In his order, Judge Tignor wrote that, "the city's action is in clear contravention of its own regulations."

So far there is no comment from Chief Rubin. The parties are scheduled back in court on May 18th.