Bush v. City of Utica

In 2009 individuals living at a low-income property in the city of Utica (the city) (defendant) perished in a fire. The city was aware that the building was in violation of multiple provisions in the city’s building code by having inadequate smoke detectors, fire alarms, and sprinkler systems. Although the city had pursued a court order requiring the building’s owner to fix the violations, the city failed to enforce the order. Following the death of the residents, multiple surviving family members (collectively, the survivors) (plaintiffs) filed an action in federal district court against the city, the city’s fire department, and the fire department chief (collectively, the city) (defendants) for failing to protect the decedents. The survivors claimed that the city had violated the Due Process and Equal Protection Clauses in the Fourteenth Amendment to the United States Constitution. The survivors introduced evidence that the fire department had a policy of not risking the lives of its members for individuals living in low-income properties and that the chief had instructed his members on the scene not to go into the property. The survivors also introduced evidence that the fire department had stopped a bystander who wanted to go into the property to rescue the residents. The bystander had no special fire equipment or gear. The city filed a motion to dismiss for failure to state a claim. The district court considered the motion.