City, Former Officials Look to Extinguish Lawsuit Over Deadly 2016 Fire
The city of Wilmington on Monday denied responsibility for the deaths of three firefighters in a 2016 blaze, which left three others injured and sparked a federal civil rights lawsuit targeting four former officials over the implementation of a controversial policy known as "rolling bypass."
October 16, 2018 at 02:52 PM
4 minute read
The original version of this story was published on Delaware Law Weekly
The city of Wilmington on Monday denied responsibility for the deaths of three firefighters in a 2016 blaze, which left three others injured and sparked a federal civil rights lawsuit targeting four former officials over the implementation of a controversial policy known as “rolling bypass.”
Attorneys for the city asked a Delaware federal judge to dismiss the suit in court papers filed late Monday, saying the plaintiffs had failed to assert any due process violations in the case.
According to the city, the policy, which mandated that certain fire engines be closed in the event of staffing shortages, dealt with the allocation of public resources and was not subject to a constitutional challenge by the families of the deceased firefighters and their injured colleagues.
“Decisions about safety standards for public employees and the benefits provided when they are harmed in the line of duty are matters of state and local law and are not determined through federal lawsuits that would burden public entities with millions of dollars of discovery and litigation costs and have federal judges and juries dictate workplace conditions by interpreting the contours of the substantive due process clause,” the city's McCarter & English attorneys wrote in a 31-page brief.
Former Mayors Dennis P. Williams and James M. Baker and former fire Chiefs Anthony S. Goode and William Patrick Jr. all filed separate motions to dismiss the suit, claiming that they were shielded from liability for actions they had taken in their official capacities with the city.
The lawsuit, filed in August, accused the officials of ignoring repeated warnings about the policy from city council members and the local firefighters union, and it seeks to hold them liable for substantive due process violations under the state-created danger doctrine.
The case stems from a September 2016 residential fire in Wilmington's Canby Park neighborhood, which killed Lt. Christopher Leach and senior firefighters Jerry Fickes and Ardythe Hope and seriously injured three others. According to the complaint, the engine closest to the fire was shut down under “rolling bypass,” leaving the firefighters without the water they needed to combat the blaze in the rear basement of the home.
Beatriz Y. Fana-Ruiz, who occupied the home at the time, has been indicted on multiple counts of arson, murder, assault and reckless endangering in connection with the fire, according to court documents.
Thomas S. Neuberger, who represents the firefighters and their families, has said ”blood is on the hands” of former Mayors Baker and Williams. Neuberger, founder of The Neuberger Firm in Wilmington, last year sued Delaware state officials over alleged lapses that led to the deadly prison takeover at James T. Vaughn Correctional Center, in a case that later settled for $7.5 million.
Current Mayor Mike Purzycki, who is not named in the lawsuit, responded by accusing Neuberger and the other plaintiffs' attorneys of misrepresenting the facts of the case in order to obtain a “quick cash settlement” from the city.
Purzycki, who took office in January 2017, said the city expected to pay more than $11 million to the families and the surviving firefighters to cover medical costs and related benefits. He has denied allegations that rolling bypass and staffing decisions contributed to the tragedy.
On Monday, the city said that it was neither the cause nor the “catalyst” for the fire and thus could not be held liable under the “state-created danger” theory. According to the city's filing, the two fire engines that responded to the scene were positioned in the front of the house, despite reports from Leach that the “heart” of the fire was located in the rear.
Neuberger said Tuesday that the city had simply “recycled the previous unsuccessful arguments” used by the state in the earlier prison lawsuit. He said his team was preparing to file a 110-page answering brief in January.
“When it considers the law we present in January, we expect that our respected district court will find that all defense arguments lack merit in this case of great public concern,” Neuberger said in a statement.
The case, in the U.S. District Court for the District of Delaware, is captioned Speakman v. Williams.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatham, Finnegan Win $115M Muscular Dystrophy Drug Patent Verdict for Counterclaimant
2 minute readDelaware Supreme Court Adopts Broad Interpretation of Case Law on Anticompetition Provisions
3 minute read3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'
4 minute readTrending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250