A volunteer firefighter with the Terryville Fire Department in New York has filed suit claiming she was terminated over a Facebook comment concerning Immigration and Customs Enforcement (ICE) operations, in violation of her First Amendment rights. She also contends that Fire Chief Edward Simonetti and the Terryville Fire District violated her due process rights by suspending and terminating her without the procedures required by New York law.

Amelia Flavin filed suit today in the U.S. District Court for the Eastern District of New York, naming the Terryville Fire District and Chief Simonetti as defendants. The four-count complaint alleges three due process claims and one First Amendment free-speech claim under 42 U.S.C. § 1983.

Flavin originally joined Terryville as a volunteer firefighter in 2015, resigned later that year while pregnant, and rejoined in 2016. She completed her probationary training in 2017 and remained a member until the events giving rise to the suit. According to the complaint, Flavin had been an active member and had received an EMS Award for her performance during a rescue operation.

The dispute began in December 2025, when Chief Simonetti allegedly imposed two disciplinary suspensions on Flavin. The complaint does not explain the reason. On December 28, he suspended her for 15 days along with an 80-day “social suspension.” Again, the complaint does not explain the reason. Three days later, he imposed another 45-day suspension and a 90-day “social suspension.” Flavin contends the suspensions violated New York law because Fire Chief Simonetti lacked authority to continue them beyond the next meeting of the Board of Fire Commissioners without further action by the board.

While serving her suspension, Flavin made a Facebook comment on January 29, 2026, during an online discussion about ICE. The comment stated:

• “According to a former police/ice raid member, the thing raiders are most worried about is: water balloons filled with black paint, oil and a bit of sand. It can cover drivers windshields, goggles and oil is [illegible] from a spark. It’s non lethal and not considered a weapon. Just a tip I’ve read in a comment somewhere.”

Flavin alleges she made the comment off-duty, away from fire department property, and on her own time. The comment itself did not identify her as a Terryville firefighter or state that she was speaking for the department. Her Facebook profile, however, identified Terryville Fire Department as part of her work history.

On February 1, 2026, Chief Simonetti issued Flavin a “Statement of Charges and Notice of Termination.” According to the complaint, the charges referred generally to “statements and commentary” she made on social media and alleged violations of department policies, including a social media policy. Chief Simonetti informed Flavin:

“you are hereby terminated from membership in the Terryville Fire Department, effective February 1, 2026.”

Flavin contends Fire Chief Simonetti lacked the authority to terminate her unilaterally and that New York General Municipal Law § 209-l entitled her to written charges and a hearing before she could be removed for misconduct or incompetence.

The Fire District subsequently served charges on Flavin on May 19, 2026, and conducted a hearing on June 30. According to the complaint, Fire Chief Simonetti testified at the hearing that he had reviewed other posts by Flavin and believed that “statements of her view . . . could reflect poorly on the Terryville Fire Department and its members.”

On August 7, 2026, Hearing Officer Brian Murphy recommended that Flavin be terminated. Six days later, the Fire District voted to terminate her membership.

Flavin’s first three claims allege that the December suspensions and February termination deprived her of procedural due process under the Fourteenth Amendment because she was not afforded the notice and hearing protections required by § 209-l. Her fourth claim alleges that her termination violated the First Amendment.

On the First Amendment claim, Flavin contends she was speaking as a private citizen on a matter of public concern—ICE operations—and that her Facebook activity was unrelated to her responsibilities as a volunteer firefighter. She further alleges that the post could not reasonably have disrupted fire department operations.

The suit seeks compensatory and punitive damages, injunctive relief including Flavin’s reinstatement, attorneys’ fees, costs, and other relief. She has demanded a jury trial.