Acquitted Arson Suspect Sues Fire Department

A woman who was acquitted of arson charges last year for a fire that occurred in 2022, has filed suit against the Binghamton Fire Department and several law enforcement agencies that she claims were responsible for her malicious prosecution and fourteen months of incarceration. Marquetta James filed suit in US District Court for the Northern District of New York naming six entities and seven named individuals as defendants.

The named entities include the City of Binghamton, the Binghamton Fire Department, the Binghamton Police Department, Broome County, the Broome County District Attorney’s Office, and the Broome County Correctional Facility. The facts as alleged in the complaint:

  • Ms. James was accused of burning down 159 Conklin Avenue in the City of Binghamton. She was arrested on February 15, 2022, even though the Binghamton Fire Department, by way of Fire Marshall Timothy O’Neill and Lt. Nicholas Griswold, had concluded that the cause of the fire was unknown.
  • In fact, upon information and belief, Det. Amanda Miller and Investigator Carl Peters of the Binghamton Police Department arrested Ms. James on February15, 2022, for arson before the fire had even ceased and a fire investigation began.
  • Later, upon information and belief, Fire Marshal Timothy O’Neill and Lt. Griswold admittedly based any conclusion that the fire was caused intentionally on speculation. The Binghamton Fire Department speculative findings are the only piece of evidence that indicated that the fire was started intentionally.
  • However, upon information and belief, a member of the Binghamton Fire Department was forced to admit that his conclusions for the prosecution and trial testimony on direct failed to consider evidence that the fire that destroyed 159 Conklin Avenue was caused by something other than intent.
  • Upon information and belief, it was this testimony that led to Ms. James being acquitted.
  • Collectively, the Defendants’ reckless and willful disregard for the truth resulted in Ms. James’s wrongful arrest, confinement, and malicious prosecution.
  • Ms. James was only released after a jury acquitted her of all charges on April 21, 2023.
  • Ms. James was subjected to roughly 14 months of wrongful imprisonment and malicious prosecution based upon the misconduct at the hands of the Binghamton Police Department, the Binghamton Fire Department, and the Broome County District Attorney’s Office.
  • The false arrest, wrongful imprison, and malicious prosecution, amongst other constitutional violations stem from law enforcements’ and the District Attorneys Office’s refusal to accept that the fire in the instant case was not the result of arson but based upon a faulty boiler.
  • Upon information and belief, based upon speculation that Marquetta James burned down a home at 159 Conklin Avenue in Binghamton, members of the Broome County District Attorney’s Office and the Binghamton Police Department conspired with the Binghamton Fire Department to maliciously prosecute Ms. James, arresting her and putting her through over a year of wrongful confinement and needless and illegal criminal proceedings.
  • The Defendants in the case at bar suffered from tunnel vision and refused to accept that no crime was committed, even in the face of an initial report from the Binghamton Fire Department that the cause of the fire was unknown.

The complaint alleges:

  1. Unlawful detention and deprivation of liberty pursuant to 42 USC §1983
  2. False Arrest pursuant to 42 USC §1983
  3. Malicious prosecution and abuse of process pursuant to 42 USC §1983
  4. State law abuse of power
  5. State law false imprisonment and false arrest
  6. Denial of constitutional and statutory right to a speedy trial
  7. Negligent hiring, training and retention
  8. Failure to intervene in violation of the Fourth, Fixth, Sixth, and Fourteenth Amendments
  9. State law intentional infliction of emotional distress

Here is a copy of the complaint:

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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