LAWSUIT DISMISSED IN THIRTYMILE FIRE

On March 7, 2006, Ken and Barbara Weaver of Yakima, Washington, filed suit in the United States District Court for the Eastern District of Washington (Yakima) against Forest Service employee Maureen Hanson. The suit arose out of the tragic death of the Weaver’s son, Devin, during U.S. Forest Service efforts to extinguish the Thirtymile Fire in July 2001.

The Thirtymile Fire, ignited from an abandoned picnic fire, was located 30 miles north of Winthrop, Washington, along the Chewuch River. Fourteen fire crew members became trapped and were forced to deploy their fire shelters. Four firefighters, including Devin Weaver, died when their fire shelter deployment site was burned over by the fire.

The 2006 filing was the second of two lawsuits filed by the Weavers relating to the Thirtymile Fire. Because the Federal Employees Compensation Act (FECA) barred the Weavers from suing the United States directly under the Federal Tort Claims Act, the Weavers initially sued and then settled with the manufacturers of the emergency fire shelters that had been deployed by the firefighters during the Thirtymile Fire. Later, after settling their products liability claim, the Weavers filed the complaint against Ms. Hanson, claiming that Ms. Hanson violated their civil rights. The complaint alleged Ms. Hanson disposed of the remnants of the fire shelters used by the fire fighters, which were being stored by the Forest Service, for the purpose of interfering with their products liability claim.

On March 13, 2009, Ms. Hanson filed a motion asking the Court to dismiss the suit. In the motion, Ms. Hanson’s attorney argued that there was no evidence that Ms. Hanson had intentionally disposed of the fire shelters for the purpose of interfering with the Weavers’ products liability suit, and no evidence that Ms. Hanson had any motive or incentive to interfere with the Weaver’s claims against the private manufacturers. Ms. Hanson’s attorney argued that, far from supporting the Weavers’ claims, the evidence in the record demonstrated that Ms. Hanson had worked as a tireless advocate on behalf of the Weavers, with the dual purposes of ensuring the Weavers and other families received the maximum benefits allowed by law, and locating and returning any personal effects to families of the deceased fire fighters. On those grounds, Ms. Hanson’s attorney urged the Court to enter summary judgment in favor of Ms. Hanson on the Weavers’ claims. Shortly after the filing of the motion, on the date their response to the motion was due, the Weavers agreed to voluntarily dismiss the suit with prejudice. The suit was dismissed by the Court on April 7, 2009.

U.S. Attorney Thomas E. Moss commented, “While our hearts go out to the families of the firefighters whose sons and daughters perished in the tragic Thirtymile Fire, I am pleased that we were able to successfully defend the actions of a conscientious public servant and vindicate her reputation.”