ROANOKE TIMES Copyright (c) 1996, Roanoke Times DATE: Thursday, August 29, 1996 TAG: 9608290086 SECTION: NATIONAL/INTERNATIONAL PAGE: A-6 EDITION: METRO SOURCE: The New York Times PHILADELPHIA
A federal judge has ruled that the city's former police and fire commissioners will not have to pay damages to survivors or relatives of a devastating fire 11 years ago involving the radical group MOVE. Judge Louis Pollak of U.S. District Court found the two officials acted in their capacity as city employees and are immune from personal responsibility for the fire, which killed 11 people and destroyed 61 homes in May 1985.
The ruling came two months after a jury ordered former Fire Commissioner William Richmond and Police Commissioner Gregore Sambor to pay $1 per week for the next 11 years to Ramona Africa, the only adult MOVE member to survive the fire, and to relatives of two other MOVE members. Reached after nine days of deliberation, the award was considered by jurors as less a financial penalty - it would have cost each less than $1,800 - than a reminder of the incident.
The $1.5 million in punitive damages awarded by the jury must be paid solely by the city of Philadelphia, unless the case is appealed and the city is not required to pay those damages, said Judith Harris, the city's lawyer.
Pollak's decision may mark the end of legal action between the city and MOVE members, or their survivors, over the incident that erupted in gunfire and an inferno that leveled an entire block of West Philadelphia.
Ramona Africa responded angrily, saying the decision ``literally, let them get away with murder.'' Africa and the two other plaintiffs may seek legal fees, pursue an appeal or ask for a new trial.
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