Mayor dismissed from lawsuit over city’s handling of lead in water
BENTON HARBOR, Mich. (AP) — An appeals court on Wednesday dismissed a Michigan mayor from a lawsuit that accuses local officials of mismanaging problems with lead-contaminated water.
The court reversed a decision by a federal judge and said Benton Harbor Mayor Marcus Muhammad has governmental immunity.
“Although we recognize that the response to Benton Harbor’s water crisis was far from perfect, the complaint does not provide any statement or action by Muhammad that would indicate that he had acted with deliberate indifference in causing or dealing with the crisis,” the three-judge panel said.
For three straight years, tests of Benton Harbor’s water system revealed lead levels in water that were too high. Lead can be especially harmful to young children, stunting their development and lowering IQ scores.
The lawsuit accused Muhammad of violating residents’ rights to bodily integrity by not doing enough to protect residents. In 2021, the U.S. Environmental Protection Agency said the city for more than a year had failed to warn residents and the local health department about lead. It ordered changes at the water plant.
The situation is different today. Lead pipes have been replaced in the city of 9,000 people, and lead levels in water have not exceeded federal guidelines.
Experts said an aging water system, fewer users and other issues caused lead to leach from pipes in Benton Harbor. Water flows from Lake Michigan to a treatment plant.
The lawsuit will continue against Benton Harbor’s former water plant director, the appeals court said.
The court reversed a decision by a federal judge and said Benton Harbor Mayor Marcus Muhammad has governmental immunity.
“Although we recognize that the response to Benton Harbor’s water crisis was far from perfect, the complaint does not provide any statement or action by Muhammad that would indicate that he had acted with deliberate indifference in causing or dealing with the crisis,” the three-judge panel said.
For three straight years, tests of Benton Harbor’s water system revealed lead levels in water that were too high. Lead can be especially harmful to young children, stunting their development and lowering IQ scores.
The lawsuit accused Muhammad of violating residents’ rights to bodily integrity by not doing enough to protect residents. In 2021, the U.S. Environmental Protection Agency said the city for more than a year had failed to warn residents and the local health department about lead. It ordered changes at the water plant.
The situation is different today. Lead pipes have been replaced in the city of 9,000 people, and lead levels in water have not exceeded federal guidelines.
Experts said an aging water system, fewer users and other issues caused lead to leach from pipes in Benton Harbor. Water flows from Lake Michigan to a treatment plant.
The lawsuit will continue against Benton Harbor’s former water plant director, the appeals court said.
‘Juvenile Justice &?School Safety Training Project’ presentation online
The Prosecuting Attorneys Association of Michigan’s Juvenile Justice &?School Safety Training Project will present “An Overview of Risk & Needs Tools & Assessments” online Wednesday, September 11, from noon to 1 p.m. via Zoom.
This presentation will be led by Dr. Jodi Petersen, owner & lead researcher Petersen Research Consultants. Petersen focuses on helping organizations define, gather, and use data to increase their impact. With nearly 20 years of applied research experience working with juvenile courts and risk/need assessments, Petersen is a leading expert in the country in assisting courts in implementing risk assessment measures to support data driven decision making.
There is no charge to attend this online training, but advance registration is required. To register, prosecutors and APAs should visit https://michiganprosecutor.org and click on “Training Calendar.”
This presentation will be led by Dr. Jodi Petersen, owner & lead researcher Petersen Research Consultants. Petersen focuses on helping organizations define, gather, and use data to increase their impact. With nearly 20 years of applied research experience working with juvenile courts and risk/need assessments, Petersen is a leading expert in the country in assisting courts in implementing risk assessment measures to support data driven decision making.
There is no charge to attend this online training, but advance registration is required. To register, prosecutors and APAs should visit https://michiganprosecutor.org and click on “Training Calendar.”
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