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Civil Litigation Arising from the Flint Water Crisis

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Civil Litigation Arising from the Flint Water Crisis FLINT WATER CRISIS – SUMMARY OF CIVIL LITIGATION Table Civil Litigation Arising from the Flint water crisis In late 2015 and early 2016, a public health crisis involving contaminated drinking water in Flint, Michigan, came to light. This horrible tragedy involves Flint residents’ exposure to toxic levels of lead in their drinking water over a prolonged period of time as well as a spike in Legionellosis after the city changed its primary water source to the Flint River in April 2014. The change was made as a cost-cutting measure while Flint was under the control of an emergency manager. View issue brief to learn more about events leading up to the Flint water crisis and related legal issues. Civil litigation is a powerful tool that may be used to redress public health harms and it is currently being wielded by many private Flint citizens, advocacy organizations, and city and state officials. Indeed, dozens of civil lawsuits (as well as criminal charges) have been filed in state and federal courts against government officials and agencies involved in events leading to the water crisis. This table summarizes legal theories underlying a number of civil lawsuits and other actions arising from the Flint water crisis. The table is not comprehensive but provides an overview of many key legal issues. In addition, please note this table reflects lawsuits as filed; amended pleadings and motions may have resulted in changes to parties and/or claims since the lawsuits were filed. Summary of Civil Litigation Date Case Name Filed Court Plaintiffs / Attorneys Defendants Legal Theories Federal Jurisdiction Mays et al. v. 13-Nov- E.D. Mich. Class action: Individual Gov. Rick Snyder, in his official Plaintiffs assert that Defendants violated their 14th amendment right Snyder et al. 15 Flint residents who have capacity, and the State of to substantive due process under two legal theories. Based on the experienced personal injury Michigan for prospective relief state created danger doctrine, Plaintiffs assert that Defendants, or property damage due to only; Daniel Wyant, Liane acting under color of law, affirmatively caused and/or increased risk exposure to toxic water / Shekter Smith, Adam Rosenthal, of injury to persons and property when they withdrew safe, clean Goodman & Hurwitz Stephen Busch, Patrick Cook, water from Plaintiffs and replaced it with dangerous, toxic water. (Detroit, MI); Pitt McGehee Michael Prysby, Bradley Wurfel, Plaintiffs' second theory is that Defendants violated their right to Palmer & Rivers (Royal in their individual capacities; bodily integrity because Defendants had a duty to protect Plaintiffs Oak, MI); Trachelle C Young Darnell Earley, Gerald Ambrose, from foreseeable risks associated with contaminated water and & Associates, PLLC (Flint, Dayne Walling, Howard Croft, were deliberately indifferent to these risks. MI) Michael Glasgow and Daugherty Johnson, in their individual and official capacities; and City of Flint. Concerned 27-Jan- E.D. Mich. National Resource Nick A. Khouri, Frederick Plaintiffs’ claim for relief is based on multiple violations of the Safe Pastors for 16 Defense Council (NRDC) / Headen, Michael A. Townsend, Drinking Water Act (SDWA) and the Lead and Copper Rule (LCR). Social Action, NRDC David McGhee, Michael A. Violations include failure to operate and maintain optimal corrosion Melissa Mays, Finney, Beverly Walker-Griffea, control treatment; failure to monitor tap water for lead using required American Civil Concerned Pastors for and Natasha Henderson, in their sampling methods; failure to report on samples where required by Liberties Social Action / official capacities; and City of the SDWA and LCR; and failure to notify customers of individual Union, and NRDC Flint. results of tap water samples collected and tested for lead. Plaintiffs National ask the Court to enjoin Defendants from ongoing and future Resource Melissa Mays / violations of the SDWA and LCR and to order Defendants to Defense NRDC; Law Office of Glenn remedy violations, mitigate harm caused by violations, and promptly Counsel v. M. complete full replacement of all lead service lines in the water Khouri et al. Simmington, PLLC (Flint, system, including those which are privately owned, at no cost to MI) customers. American Civil Liberties Union (ACLU) / ACLU Boler et al. v. 31-Jan- E.D. Mich. Class action: Natural or Darnell Earley, Gerald Ambrose, Plaintiffs allege Constitutional violations and conspiracy to violate Earley et al. 16 corporate persons who paid Dayne Walling, and Gov. Rick Constitutional rights, including: impairment of Plaintiffs' right to for or were billed for Flint Snyder, in their individual and contract for potable water (Article I, § 10); violation of substantive water between April 2014 official capacities; City of Flint; and procedural due process rights protected by the 14th and November 2015 / State of Michigan; Michigan amendment, insofar as Plaintiffs were deprived of ability to contract Valdemar Washington (Flint, Department of Environmental for potable water and forced to purchase unpotable water without MI); Murphy, Falcon, and Quality (MDEQ); Michigan due process; violation of substantive due process under state Murphy (Baltimore, MI) Department of Health & Human created danger theory; violation of right to equal protection Services (MDHHS). guaranteed by 14th amendment (Defendants' supplied Plaintiffs with toxic water, while no other Michigan citizens were supplied with Page 2 July 2016 Date Case Name Filed Court Plaintiffs / Attorneys Defendants Legal Theories toxic water); and deprivation of Plaintiffs' property interest in receiving safe and potable water (a right created by Flint City Ordinance § 46-16) without due process or just compensation. Plaintiffs also assert claims based on breach of contract, unjust enrichment, breach of implied warranty of merchantability, violation of the Michigan Consumer Protection Act, conversion (of water payments), and gross negligence. Plaintiffs seek compensatory damages. McMillian et al. 7-Mar- E.D. Mich. Class action: Persons in Governmental Defendants: Gov. Plaintiffs allege violations of the Safe Drinking Water Act and Lead v. Snyder et al. 16 Flint harmed by Safe Rick Snyder, in his official and Copper Rule, including failure to notify customers of individual Drinking Water Act capacity, and the State of results of tap water samples collected and tested for lead and violations or who, since April Michigan for prospective relief failure to operate optimal corrosion control treatment; 14th 25, 2014, have tested only; Daniel Wyant, Liane amendment violations, including violation of substantive due positive for lead in their Shekter Smith, Adam Rosenthal, process under the state created danger doctrine and violation of blood; experienced personal Stephen Busch, Patrick Cook, Plaintiffs' right to bodily integrity; negligence; nuisance injury due to lead exposure; Michael Prysby, and Bradley (contamination of property interferes with enjoyment); and trespass or owned or rented Flint Wurfel, in their individual (Defendants caused contaminants to enter upon Plaintiffs' land). property / capacities; Darnell Earley, Plaintiffs assert a claim of gross negligence against all Napoli Shkolnik (New York, Gerald Ambrose, Dayne Walling, governmental defendants and a claim of strict liability against the NY); McKeen & Associates Howard Croft, Michael Glasgow, City of Flint (by reason of having marketed and promoted drinking (Detroit, MI); Slater Slater and Daugherty Johnson, in their water that was unreasonably dangerous and defective). Plaintiffs Schulman LLP (New York, individual and official capacities; request an award of damages and equitable relief, including repairs NY) City of Flint. to property, establishment of a medical monitoring fund, and appointment of a monitor to oversee water operations of Flint. LAN Defendants: Lockwood, Andrews & Newman, P.C.; Plaintiffs assert a professional negligence claim against LAN Lockwood, Andrews & Newman, Defendants as the engineering firm responsible for placing the Flint Inc.; and Leo A. Daly Company. Water Treatment Plant into operation using the Flint River. Gilcreast et al. 31-Mar- E.D. Mich. Class action: Residents Engineering Defendants: Plaintiffs assert a claim of professional negligence against v. Lockwood, 16 and businesses of Flint / Lockwood, Andrews & Newman, engineering Defendants. Against governmental Defendants, Andrews & National Association for the P.C.; LAN Inc.; Leo A. Daly Plaintiffs assert claims based on violation of the Safe Drinking Newman, Advancement of Colored Company; Veolia North America, Water Act’s notification requirements and requirement to operate P.C., et al. People (NAACP); Cohen LLC; Veolia Environment S.A. optimal corrosion control treatment; inverse condemnation (alleging Milstein Sellers & Toll PLLC Defendants’ actions destroyed or diminished the value of Plaintiffs’ (Washington, D.C.; Palm Governmental Defendants: State property, without due process or just compensation as required by Beach Gardens, FL); Shea of Michigan; Michigan Michigan’s Constitution, for the public purpose of reducing the cost Aiello, PLLC (Southfield, Department of Environmental to the City and its residents of providing water to residents); and MI); Susman Godfrey, LLP Quality (MDEQ); Gov. Rick trespass (Defendants’ actions caused lead and bacteria to enter the (Houston, TX; Seattle, WA; Snyder; Daniel Wyant; Liane drinking water of the City of Flint, which in turn entered upon land Los Angeles, CA)
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