PROVIDENCE — Even though prosecutors told grand jurors that they believed the law wouldn’t permit West Warwick fire inspector Denis P. Larocque to be prosecuted or successfully sued for his failure to cite the owners of The Station nightclub for the flammable foam that they hung in their club, Larocque is still a defendant in lawsuits filed in U.S. District Court by hundreds of fire victims who are seeking money damages.

The civil suits allege that Larocque engaged in “egregious” negligence that constituted “a lack of good faith performance of his duties” by failing to properly inspect the Cowesett Avenue nightclub owned by Jeffrey and Michael Derderian. Specifically, the victims fault him for failing to discover and order remedied the highly flammable soundproofing foam that was installed on the walls and ceiling of the nightclub.

Prosecutors advised the grand jurors — who were never asked to consider whether to return an indictment against Larocque — that “unless there is evidence before you that a person acting or doing an inspection under the State Fire Code either acts in bad faith or with malice, that he or she is exempt from civil or criminal liability.”

To support their explanation to the grand jurors, they cited Section 23-28.2-17 of the Rhode Island State Fire Code.

There are currently nine civil suits pending in U.S. District Court here brought by fire victims and survivors of those who died in the Feb. 20, 2003, fire. But the cases are still far from trial or settlement. A handful of defendants have expressed an interest in settling with the victims, but before that could happen, a system would have to be set up that would establish a grid for apportioning any money damages that would be shared among the plaintiffs.

Lawyers representing more than 300 of the plaintiffs want to hire Duke University Law School Prof. Francis E. McGovern, who is a nationally recognized specialist in conflict resolution, to establish some type of point system for damages that the victims and their families would agree on — before any settlement money is received. But the judge who is presiding over The Station fire civil suits, Ronald R. Lagueux, would have to approve McGovern’s appointment, which he has not done.

Last July, the General Assembly approved a change in the law that would facilitate out-of-court settlements for the fire victims, which potentially could get them some money earlier than would have happened previously.

tbreton@projo.com