(CN) - A Sixth Circuit panel on Tuesday revived claims against the city of Benton Harbor, Michigan, and its officials over lead-contaminated drinking water while ruling to keep the state out of the suit.
Benton Harbor families filed their original lawsuit in 2022 claiming government officials fumbled the response to rising lead contamination in the city's drinking water and encouraged residents to drink unsafe water.
During oral arguments held in October 2024, the plaintiffs asked a three-judge panel of the Sixth Circuit to reinstate its claims which had been dismissed by the lower court.
In its 44-page ruling, the panel ruled that body integrity claims should be reinstated against the city and its officials, finding their inaction and downplaying of the contaminated water were enough to revive the claims.
"Drawing all reasonable inferences in favor of the plaintiffs, the city officials misled the public about the nature of the lead-water crisis from the moment the lead-level exceedance was discovered," U.S. Circuit Judge Karen Moore wrote for the majority opinion.
Moore, a Bill Clinton appointee, cited evidence that the city and managing private entities such as F&V Operations & Resource Management Inc., were ill-equipped to handle the rising lead levels caused by corroding pipes.
"In the fall of 2021, EPA officials visited Benton Harbor and found that the F&V employees charged with managing the plant could not answer simple questions or conduct the tasks and testing necessary to operate it," Moore wrote.
However, the majority stopped short of a full reversal, finding the claims against state officials should not be reinstated because the evidence did not show that they acted improperly.
"Upon consideration of the facts alleged, we conclude that plaintiffs have not pleaded a plausible constitutional violation by the state officials because the complaint does not allege deliberately indifferent action; at most, the complaint suggests negligence and poor policy choices, motivated at times by a legitimate governmental purpose," Moore wrote.
U.S. Circuit Judge Joan Larsen, a Donald Trump appointee, dissented in part and said the claims should not be revived against two city officials.
Specifically, Larsen found that the conduct of Benton Harbor Mayor Marcus Muhammad and former City Manager Darwin Watson did not violate the civil rights of the plaintiffs.
"No such conduct occurred here. No one introduced lead into Benton Harbor's water, natural corrosion did. Muhammad and Watson did not deny the presence of elevated lead levels, they notified residents of it. And city officials did not sit on their hands while the lead levels rose, they implemented a corrosion control treatment to lower them," Larsen wrote.
The majority disagreed, finding the supposedly misleading statements by Muhammad and Watson are sufficient for the claims to proceed.
"The dissenting opinion also recognizes that context is important - but applies that lesson only to diminish the culpability of Muhammad and Watson," Moore wrote, adding the misleading statements may have caused residents to believe that the water connections on their property may have been lead-free and that they were not at risk.
The Michigan city of Flint suffered a similar lead water contamination crisis that resulted in a settlement of over $600 million, although the Flint crisis was caused by the lack of proper corrosion-control chemicals after the water supply was changed from Lake Huron to the Flint River.
U.S. Circuit Judge R. Guy Cole Jr., a Clinton appointee, joined Moore's opinion.
Source: Courthouse News Service
