A federal appeals court is once again considering whether to revive a wrongful death lawsuit against Biddeford police in connection with a high-profile murder case, according to the Portland Press Herald.
A judge ruled in 2020 that the Biddeford Police Department was not liable for the deaths of 19-year-old Derrick Thompson and his 18-year-old girlfriend, Alivia Welch, who were killed by their landlord, James Pak, in December 2012.
Pak is serving life in prison for the murders, but the previously dismissed lawsuit alleged the police were also to blame.
Pak and Thompson had been arguing over snow removal and parking issues before the shooting and Thompson ended up calling police, claiming Pak threatened to shoot him.
According to the lawsuit, an officer confronted Pak but left, and minutes later, Pak started shooting.
A judge had ruled there wasn’t a solid enough case to move forward to trial.
The appeals court has not given a timeline for when a decision is expected.