Mayor Mitchell threatened with lawsuit related to New Bedford fire chief's fatal shooting

NEW BEDFORD — Lawyers for former Deputy Fire Chief Paul Coderre Jr.'s estate are threatening legal action against Mayor Jon Mitchell and the city related to Coderre's violent death .

Coderre, 55, was shot to death by police following a standoff at the Bayside Lounge in Fairhaven on Dec. 29, 2023, where Coderre had been having lunch and drinks with friends and fellow members of the Bristol County Fire Chiefs Association.

Coderre was intoxicated and made suicidal statements during the standoff, and was armed with a semiautomatic pistol. He shot an Acushnet police officer in the leg before he was shot to death.

The Bristol County District Attorney's Office ruled that the shooting was justified following an investigation. The DA's report was released Aug. 8.

DA's report: Fatal shooting of New Bedford fire chief 'justified.' Report details the chaotic standoff

Civil remedies sought by Coderre's estate

Attorneys David J. Hoey and Philip N. Beauregard issued a statement Saturday in behalf of Coderre's estate. They are "seeking civil remedies" from the mayor and the city of New Bedford, they said.

Coderre had a spotless record with the New Bedford Fire Department, they said, and was unjustly fired from the department for allegedly faking an injury to go out on disability leave. They said the Civil Service Commission had ruled in his favor.

They said the city had appealed the decision, which Coderre learned on the day of the standoff.

The Civil Service Commission had ruled Coderre's firing had been "unlawful" and "wrong-headed" on Nov. 30, 2023, a month before the fatal standoff.

Coderre had been fired for allegedly faking injury

Coderre was fired in 2022 for allegedly faking a back injury to go on disability leave, a charge Coderre denied. He said he had suffered a work-related back injury in 2016 when his vehicle was broadsided en route to a second alarm fire.

Coderre said he reinjured his back on two occasions in 2019 while on duty at structure fires.

He underwent back surgery for a spinal injury in 2016, and again in 2020 and 2021. He also submitted to hip surgery in 2020, according to the Civil Service Commission.

"He did not submit false injury reports; he did not abuse the NBFD’s injured leave policy; he did not lie or misrepresent the nature of his disability," according to the Civil Service Commission decision .

Private investigator's videotape used against Coderre claim

The city had hired a private investigator in 2021 while Coderre was out on disability, and video footage was taken of him removing a box containing a 176-pound smoker from the bed of his pickup truck, which was used as evidence against his claim.

According to the Civil Service Commission decision, however, the video clips played in slow motion "clearly show" that Coderre "walks with a discernable, deliberate and altered gait."

The city was also appealing the city Retirement Board's January 2022 decision to approve Coderre's retirement.

The Retirement Board had previously declined the city's request to reconsider that decision.

Coderre's firing overturned: 'Fishy' Facebook posts led to New Bedford deputy fire chief's unlawful firing

Coderre 'never had a disciplinary mark on his record'

According to Hoey and Beauregard, Coderre "served 30 years as a third-generation firefighter for the city of New Bedford. He worked his way up to acting fire chief, he never had a disciplinary mark on his record.

"Paul suffered a serious back injury while on the job in 2016. He underwent several back surgeries that left him in extreme back pain, and he was out of work from August 2020 through the time of his termination by the mayor of New Bedford in January 2022.

"At that time, Mayor John [ sic ] Mitchell made a series of press releases and media statements that Paul was being investigated for fraud and 'stealing' some $200,000 from the city by 'faking' his injuries.

"Civil Service Commissioner after a hearing on the merits found that 'the evidence suggests that the decision to terminate Mr. Coderre was pre-determined and, possibly, attributable to an ulterior motive to pre-empt his effort to seek retirement benefits.'"

There was 'no just cause to terminate Mr. Coderre'

"The Commissioner concluded that 'there was no just cause shown to terminate Mr. Coderre from his position as NBFD Deputy Fire Chief. The CONB failed to show that Mr. Coderre is responsible for substantial misconduct that has impaired the public service.'"

Jonathan Darling, city spokesman, stated Monday in response, "The city continues to appeal the decision of the Civil Service Commission. This action is appropriate and backed by both the evidence and the law.”

Beauregard said Monday that Coderre's wife has not received pension or disability-related money.

"They left her out there in a horrible, horrible situation financially and, of course, personally," he said.

Coderre had been accused of 'moral turpitude'

Beauregard said Mitchell's "reaction has been that he's going to fight this to the end and that everything he said and did was accurate."

Beauregard said Coderre had been accused of "moral turpitude" for going out on disability and stealing money from the city.

He said Mitchell's comments were replayed "all over the media, Facebook, television stations, radio stations, public releases, press releases."

When Coderre won the Civil Service Commission appeal, the city filed a lawsuit in Bristol County Superior Court challenging the decision, he said.

The 100-paragraph complaint repeated "all of the nasty allegations," Beauregard said.

City lawsuit dismissed without prejudice

That lawsuit was dismissed without prejudice on June 6 when the city didn't pursue it. "Without prejudice" means the suit could be refiled at a later date.

Beauregard said, "We want exactly what the Civil Service Commission ruled: that he was entitled to absolute full reinstatement," with any benefits entitled to Mrs. Coderre in place.

Beauregard, who is a former New Bedford city solicitor, added that the firm of Beauregard, Burke and Franco of New Bedford, from which he is semi-retired, is not involved in the case.

This article originally appeared on Standard-Times: Mayor Mitchell threatened with lawsuit related to New Bedford fire chief's fatal shooting