VIDEO: An appeal filed on behalf of Wilmington firefighters killed and injured in a 2016 Canby Park arson has been denied by a U.S. Circuit Court of Appeals judge.
The lawsuit, filed against Wilmington and two previous mayors and fire chiefs, sought compensatory damages, including for loss of life, lost wages and emotional injuries.
While recognizing the case "involves a tragedy," the appeals court's three-member panel said the "plaintiffs failed to allege a deprivation of a constitutional right." In other words, they contend the appeal didn't contain enough factual matter to seek relief and damages.
The panel's Wednesday decision is the second time in a year that a federal judge dismissed the lawsuit. In February, U.S. District Court Judge Maryellen Noreika said in her 21-page opinion that the federal civil lawsuit failed to "allege the necessary underlying constitutional violation" for the claims brought forth by the families of three dead firefighters and the surviving firefighters.