D’Ambrosio LLP successfully obtained a full dismissal of a high-stakes lawsuit filed in the United States District Court of Boston against the City of Revere, challenging local government’s authority to impose safety measures on private residential property. The civil case number is 25-10844-LTS.
The Plaintiff attempted to block a court-ordered fire safety measure imposed on an eighteen-story residential condominium building on Revere Beach. Plaintiff asserted a wide range of federal constitutional claims under 42 U.S.C. § 1983, including alleged violations of the Fourth, Fifth, Eighth, and Fourteenth Amendments. The complaint also sought emergency injunctive relief and hefty monetary recovery.
After hearing on D’Ambrosio LLP’s Motion to Dismiss, the Court granted the dismissal in its entirety, concluding that the Plaintiff lacked standing to pursue the claims and failed to state any plausible constitutional violation. Based solely on the written submissions, the Court denied the plaintiff’s motions for a preliminary injunction and default judgment, rejecting attempts to halt the fire safety measures, or obtain relief simply based on procedural technicalities.
In a lengthy decision, the Court affirmed that municipalities and public safety officials may lawfully impose temporary emergency safety guards to address serious life and safety risks in high rise buildings. The Court emphasized that the costs of such measures do not constitute an unlawful seizure, taking, excessive fine, or due process violation.
This successful result highlights DLLP’s trial advocacy strengths in strategic and impactful motion practice in complex matters.
