Of course he is unlikely to win because of sovereign immunity. The police and fire departments have no obligation to protect.
“What are his actual losses? It does not sound like he has any permanent injury so if they were negligent maybe they would be liable for medical bills and loss of property.”
I think the medical bills were probably a big part of his decision ($40,000 per the story). Also, once it gets into the attorney’s hands they cast as wide a net as possible initially, and this is probably why they included the first responders etc. This doesn’t mean that the man himself isn’t grateful for being saved.
I know it’s all screwed up (the system), but I’m just trying to defend this guy from being labeled a deadbeat who is looking for a payday. Spending two hours in freezing water not knowing if you are going to survive had to be pretty tough.