ROCKPORT — An Essex Superior Court judge has denied Rockport’s motion to dismiss a case brought by an former assistant fire chief who says he was unjustly fired from his post.
The court on June 21 denied Rockport’s “motion to dismiss in its entirety,” allowing former Assistant Fire Chief Stephen Abell Jr.’s suit to proceed to the investigative discovery phase.
Abell says he was fired in retaliation by the town and former Fire Chief Kirk Keating, that he was denied a promised promotion, and that the town failed to investigate what Abell says was “considerable mistreatment” directed at him by Keating and other members of the Rockport Fire Department.
Rockport Town Administrator Mitch Vieira, reached Thursday, had little to say about the court action.
“I’m not able to comment on the lawsuit other than to say that the town will continue with its position through summary judgement,” he said.
Efforts Friday to contact former fire Chief Kirk Keating, who is named in the suit, were unsuccessful.
Abell and his family are pleased with the decision to move the case forward.
“We have felt all along that this would be the court’s decision,” he said. “There is definitely a sense of relief knowing for certain that this is the case. We are looking forward to the next steps in the process as we further build our case against the town.”
For some time now, Abell and his family have felt disconnected from the community as a whole.
“I dedicated nearly 30 years to serving the people of the town of Rockport always striving to improve the department and its capability to serve the community,” he said. “Today, we have very little trust towards town leadership and feel the decisions that they have made surrounding the Fire Department are a huge disservice to public safety and the community as a whole. What the town did to me was very harmful to my career and has caused me and my family significant emotional distress.”
Abell’s attorney, Mark Whitney of Whitney Law Group, said the court action will lead to a pretrial conference scheduled for January 2026. The trial, Whitney said, will likely take place shortly after that.
“We now get to serve formal requests for documents, interrogatories, deposition notices to the parties and subpoenas to non-party witnesses, which we intend to do,” he said. “Now we get to move the case forward and seek evidence from the people who mistreated Mr. Abell and move him a bit closer to some measure of justice. He was treated horribly by the (Rockport Fire Department) and the town and now it is time to bring all of that to light more clearly.”
An amended complaint and jury demand was filed Dec. 19 in Essex Superior Court against the town of Rockport, Whitney said.
“Mr. Abell alleges this retaliatory conduct was based on his investigation of sexual harassment by a male member of the (Rockport Fire Department) and his formal complaint regarding a live-fire training that the (Rockport Fire Department) conducted, all in violation of his rights under the Massachusetts Anti-Discrimination Law and the Massachusetts Whistleblower Act,” a news release reads.
Abell began work at the volunteer Rockport Fire Department in 1993, ascended through the ranks and was recognized for his contributions.
One of his duties included investigating complaints and allegations against members of the department. On Nov. 3, 2020, Abell completed an investigation into a sexual harassment allegation against a Rockport Fire lieutenant.
Six days after Abell completed his harassment investigation, a group of employees of the Rockport Fire Department demanded Abell’s removal as a member of the Rockport Board of Fire Engineers, effectively demoting Abell from his position as assistant chief.
Abell’s complaint alleges that word leaked about a plan to appoint him as acting chief and that “members of the (Rockport Fire Department) began a coordinated campaign to undermine him.”
The same individuals started a harassing social media campaign to remove Abell as assistant fire chief, according to his original filing, saying the posts were cruel, potentially defamatory and caused Abell and his family immense emotional distress.
Stephen Hagan may be contacted at 978-675-2708, or shagan@gloucestertimes.com.