Bizarre Lawsuit Against Maine Fire Department Dismissed

Follow @curtvarone

A bizarre lawsuit filed last December by the owners of a landmark Maine restaurant claiming the local fire department allowed their building to be destroyed by fire has been dismissed.

US District Court Judge D. Brock Hornsby dismissed the claims of Robert and Judy Cousins, owners of Cap’n Nemo’s Restaurant that was destroyed by fire in December 2013. They claimed that the Tremont Fire Department and ten individual firefighters violated their civil rights by purposefully and/or negligently allowing the building to burn. Click here for our coverage of the Cousins’ original complaint.

In his ruling Judge Hornsby concluded that the Cousins’ claims failed to state a federal cause of action. He also declined to exercise jurisdiction over the Cousins’ state law claims, leaving them the opportunity to refile the suit in state court.

Here is a copy of the decision: Cousins v Higgins

Congratulations to the Tremont Fire Department and Fire Chief Keith Higgins on the ruling. Dealing with wild accusations like those made in this case can take its toll on the morale of any fire department.

COMMENTS - ADD YOURS

Curt Varone has over 41 years of fire service experience and 29 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.