Levy Konigsberg attorneys succeed in reviving hundreds of children’s civil rights claims related to exposure to the City of Benton Harbor’s lead-contaminated water.
Victims of the Benton Harbor Water Crisis have succeeded in reviving their claims against the City of Benton Harbor officials and private engineering firms responsible for causing, prolonging, and covering up a major lead water crisis in Benton Harbor, Michigan.
The City of Benton Harbor, Michigan, exposed the most vulnerable members of the community––young children––to extremely high levels of lead in their public water supply. This Benton Harbor Water Crisis lasted over three years and resulted in life-changing, irreversible brain injuries for the children of Benton Harbor.
In 2022, attorneys from Levy Konigsberg brought civil rights and state law claims against the City of Benton Harbor, the State of Michigan, and the private engineers responsible for creating, prolonging, concealing, and worsening this horrific Benton Harbor Water Crisis.
Seeking to evade responsibility and hide behind immunity and other legal doctrines, every single defendant moved to dismiss the action. Levy Konigsberg attorneys led by partners Corey Stern and Melanie Daly took on this challenge, bringing their fight for justice up to the United States Court of Appeals for the Sixth Circuit. Partner Melanie Daly successfully argued the case in front of the three-judge panel of federal appellate court judges.
Yesterday, in a momentous and lengthy published opinion, the Sixth Circuit ruled that the citizens of Benton Harbor’s constitutional body integrity claims should be reinstated against the City of Benton Harbor and its officials. The Court also ruled that the state law claims against the engineers could proceed to the District Court for decision on supplemental jurisdiction, and that Levy Konigsberg attorneys could seek leave to amend their civil rights claims against the state of Michigan.
As to the City of Benton Harbor and its employees––– Mayor Marcus Muhammad, City Manager Darwin Watson, and former Drinking Water Superintendent Michael O’Malley–– the Court found that these “city officials misled the public about the nature of the lead-water crisis from the moment the lead-level exceedance was discovered.” Indeed, the Court explained that:
“City officials downplayed the scale of the emergency and advised people to drink the tap water replete with lead. Rather than working earnestly to resolve the problem, the City officials skirted recommended guidelines and sought to minimize lead-water testing. And when they began to implement a solution to the problem, the City officials provided the public with a recklessly rosy picture of the progress made, leading the public to think the problem was being resolved when, in fact, the water was still too dangerous to drink.” (emphasis added)
The Court additionally set forth powerful precedent, striking down arguments that the actions and inactions of the Benton Harbor defendants must exactly match the facts from the Flint Water Crisis in order to continue to trial and succeed. The Court explained that: “plaintiffs alleging violations of the right to bodily integrity arising from drinking lead-contaminated water do not need to set forth factual allegations identical to the extraordinary mismanagement in the Flint Water Crisis to prevail.”
In commenting on the legal decision, Melanie Daly, Partner at Levy Konigsberg, stated:
“This well-reasoned decision not only permits the children of Benton Harbor to move forward in their fight for accountability and justice, but also sets an important legal precedent regarding civil rights claims based on children’s unknowing and dangerous exposure to lead from their public water system–––a silent danger that is unfortunately-ever present in some of the most underserved populations in the Country.”
Levy Konigsberg’s efforts in obtaining this important ruling in the Benton Harbor water litigation have been covered by various media outlets, including
- https://www.courthousenews.com/hundreds-of-benton-harbor-children-ask-sixth-circuit-to-revive-claims-over-lead-poisoning-from-drinking-water/
- https://www.courthousenews.com/sixth-circuit-revives-claims-against-michigan-city-over-lead-laced-drinking-water/
- https://news.bloomberglaw.com/business-and-practice/court-revives-lead-related-suit-against-michigan-city-officials
- https://www.law360.com/compliance/articles/2336348/benton-harbor-must-face-lead-contamination-mass-tort