Utica NY Firefighter Alleges Sexual Assault by Co-Worker

A Utica (NY) firefighter and her husband are suing the city in a $7 million federal lawsuit alleging that her civil and constitutional rights were violated after she reported being sexually assaulted by another firefighter in 2010, reports the Utica Observer-Dispatch.

The 18-page lawsuit accuses the city and its corporation counsel of failing to conduct a fair and thorough investigation into the woman’s sexual harassment claim against firefighter Michael Knapp. The lawsuit also alleges that the city retaliated against the woman by trying to punish her for her related anxiety and by not taking steps to guarantee that she would not encounter her alleged assaulter while both were on duty.

The woman’s lawsuit revolves around the allegation that Utica’s Corporation Counsel was acting under a conflict of interest when it took over the sexual harassment investigation, instead of letting it be handled internally by the Utica Fire Department according to past general practice.

The woman’s lawsuit revolves around the allegation that Utica’s Corporation Counsel was acting under a conflict of interest when it took over the sexual harassment investigation, instead of letting it be handled internally by the Utica Fire Department according to past general practice.

The conflict existed, the woman’s attorney Frank Policelli argues, because the city’s corporation counsel took on the responsibility to evaluate two intertwined situations: whether Knapp should be disciplined for his actions, and whether the woman was entitled to disability benefits for any stress-related medical conditions.

Following those proceedings, Knapp was found not guilty of the allegations and the woman was denied compensation. Both continue to work full-time with the Fire Department.

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