Cap’n Nemos Lawsuit Tossed

The federal lawsuit stemming from the fire that destroyed Cap'n Nemos and the residence of Robert and Judy Cousins was tossed out of District Court on June 15, 2015 by US District Judge D. Brock Hornby.

In his conclusion of the 17 page decision (you can see the whole decision HERE) Judge Hornby ruled

The Cousins' description of small-town acrimony and their assertions that Tremont firefighters intentionally failed to protect the Cousins' home and business on December 4, 2013, are, if true, shocking and scandalous, for which there should be consequences. But the consequences are not for this Court to determine, because neither the originally filed complaint nor the proposed amended complaint shows grounds for relief from a federal court under federal law. As a result, the motion to dismiss the federal law claims is GRANTED and the motion to amend the Complaint is DENIED as futile. I decline to exercise supplemental jurisdiction over the state law claims, and those claims are DISMISSED WITHOUT PREJUDICE to any relief that the Cousins may seek in state court.

In a statement, Robert Bower, attorney with Norman, Hanson and DeTroy out of Portland said

We are grateful the Court determined the plaintiffs federal counts were without merit. The hardworking volunteers at the Tremont Fire Department did their best but Cap'n Nemos just couldn't be saved.