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Constitutional rights lawsuit over water in Jackson fails

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Thursday, November 21, 2024

Constitutional rights lawsuit over water in Jackson fails

Federal Court
Kristi johnson u s district court for the southern district of mississippi jackson

Kristi Johnson | ballotpedia.org

JACKSON, Miss. (Legal Newsline) - The City of Jackson, Miss., has fended off a lawsuit that alleges it has harmed residents with a contaminated water supply.

Federal judge Kristi Johnson on Feb. 5 granted the city's motion for judgment, ruling for it and many individual defendants on the plaintiffs' claims. Attorneys for those plaintiffs will only be able to try to replead a bodily integrity claim against Jackson, as all other claims were dismissed with prejudice.

The suit alleges Jackson and the defendants violated residents' constitutional rights to bodily integrity and to be free from state-created danger.

"Defendants argue that the state-created-danger theory of substantive due process liability is not legally cognizable in the Fifth Circuit," Johnson wrote. "They are correct."

Four Jackson residents filed a class action lawsuit in September 2022. They alleged in their complaint that the neglect of the city's water supply left them without water for making powdered baby formula, cooking, showering or laundry and caused them to go for periods without water pressure and not being able to flush their toilets. 

Jackson's water system saw an increase in lead levels around 10 years ago that triggered concern. Problems led to the Environmental Protection Agency listing several violations of a compliance plan, then in 2021 pipes burst during winter storms. Thousands were left without water for weeks.

The plaintiffs further allege that the City of Jackson's water supply was not fit for human consumption and exposed them to lead and other contaminants, as well as causing them to suffer malnutrition, hair loss, skin rashes, digestive issues, mental anguish and other health issues. 

They claim Jackson's former Mayor Tony Yarber and the city's current Mayor Chokwe Lumumba made policy decisions regarding the city's water source that caused a public health crisis. 

The plaintiffs also claim the city's former public works directors and other city staff were negligent for delivering unsafe water to residents. They allege Trilogy, which managed and constructed Jackson's water and wastewater, as well as Siemens, which provided water equipment, were also negligent in their actions.

Several firms pursued the case, including Gibbs Travis and Lieff Cabraser.

"Plaintiffs do not allege that they heard or relied on any of the alleged false or misleading statements about the water," Judge Johnson wrote. 

"Given the City’s concession that these statements could give rise to a constitutional violation, the Court will allow Plaintiffs another opportunity to plead their bodily integrity claim, focusing solely on the misrepresentation allegations."

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