Federal appeals court denies Flint’s immunity in water crisis lawsuit News
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Federal appeals court denies Flint’s immunity in water crisis lawsuit

The US Court of Appeals for the Sixth Circuit on Friday ruled against the city of Flint and several Michigan state officials for violation of its residents’ rights to bodily integrity as guaranteed by the Substantive Due Process Clause of the Fourteenth Amendment.

The court found that defendants’ decisions during the Flint Water Crises caused Flint residents injuries and damages from drinking and bathing in the lead-contaminated water. In the court’s words, “the crisis was preventable and predictable because the city had extended opportunities to do better.”

The court also held that the city of Flint is not entitled to Eleventh Amendment immunity despite the takeover by the state of Michigan pursuant to Michigan’s “Emergency Manager” law that transformed the city into an arm of the state. The court based its decision on four factors: the State’s potential liability against the city; the degree of state control over the city’s actions; the appointment of the emergency manager; and whether the city’s functions fell within the traditional purview of state or local government. Among these factors, only the appointment of the emergency manager weighed in the city’s favor.

As the state of Michigan argued, “the City of Flint’s functions are ‘within the traditional purview of local government’ because the City of Flint is a local government.” The city of Flint even admits that “the day-to-day operations of a waterworks generally fall within the purview of local authorities.”