A second federal lawsuit has been filed against the city of Richmond and former fire chief Jerry Purcell alleging retaliation, discrimination, harassment and defamation of firefighters taking medical leave for mental health disabilities caused by job duties.

Chris O’Neil, a former assistant chief for Richmond Fire Department, filed the suit Nov. 14 in The U.S. District Court for the Southern District of Indiana. The suit demands a jury trial and requests damages.

The suit accuses Purcell, now a Richmond Common Council member, of calling O’Neil’s medical provider and asking if O’Neil could have faked the medical evaluation that led to his January 2022 medical leave. It alleges that Purcell called again, saying the call was on behalf of human resources, and had O’Neil’s evaluation session notes sent to Purcell’s personal email address.

Jerry Purcell

According to the suit, Purcell in December 2022 filed disciplinary charges with the city and requested O’Neil’s termination.

The defendants have yet to file responses to the accusations.

The lawsuit is essentially the same as one filed by William McGathey on Dec. 9, 2022. That suit was dismissed Feb. 26 because the sides reached a settlement, although the defendants’ response filing denied all accusations.

It also accused Purcell of calling McGathey’s medical provider asking if his evaluation could have been faked, then calling again to receive session notes to his personal email. McGathey, who is Black, also accused discrimination based on race.

Then-Mayor Dave Snow removed Purcell as fire chief on Dec. 6, 2022. Snow later provided the Western Wayne News with a statement about Purcell’s removal. It indicated issues within the fire department, including employment matters and the leadership culture, led to the decision.

Read the court filing by O’Neil below:

Read the previous, similar 2022 court filing by McGathey below:

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A version of this article will appear in the November 27 2024 print edition of the Western Wayne News.

Mike Emery is a reporter and layout editor for the Western Wayne News.