Judge Rules Immunity Protects Maine Department From Liability

A Maine judge has granted summary judgment to a local fire department in a suit brought by a building owner who claimed the fire chief allowed his building to burn because of a decades old grudge.

Last week Judge William Stokes ruled that the Owls Head Fire Department, Fire Chief Frank Ross, and the Town of Owls Head enjoy immunity protection and cannot be held liable for damages to an auto repair shop during a 2013 fire.

Cecil A. Fogg filed suit last year claiming his business, Frankie’s Garage, was allowed to burn because Chief Ross harbored a two-decades old grudge against him. The grudge allegedly arose over a 1996 accident between Fogg and Chief Ross. Fogg was seeking $400,000 in damages.

I was not able to obtain a copy of the decision, but various news outlets quoted Judge Stokes as saying:

• “Firefighters would be hesitant to make necessary decisions to fight fires and protect the general public if they were made personally liable for decisions made as to whether and how to control a fire.
• “Government officials are frequently required as part of their jobs to take actions that have serious consequences for the individuals affected. Obvious examples are the actions of law enforcement officers investigating crimes and child protective workers investigating allegations of child abuse.
• “If these government officials were faced with the constant possibility of personal liability, the inevitable result would be that they would be hesitant to take necessary enforcement action and the public interest would suffer.”

If a copy of the decision becomes available, it will be posted here.

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