City seeks rehearing in class action suit regarding lead in the water

The city of Jackson, Mississippi, is seeking a rehearing before the full U.S. Fifth Circuit Court of Appeals in a case alleging the city knowingly allowed residents to consume lead-contaminated water. This request follows a three-member panel’s decision to overturn a lower court’s dismissal of the suit, a ruling the city argues contradicts established legal precedent regarding the “state-created danger doctrine.” The city contends that allowing the suit to proceed under this doctrine could expose thousands of municipalities to liability for constitutional violations, citing that many cities have violated lead-testing rules.

The lawsuit, initially filed in 2022, claims the city was aware of the potential for lead contamination due to the acidity of the water but failed to take corrective action. While the Fifth Circuit affirmed the dismissal of claims against individual city officials, it allowed the case to move forward under the Due Process Clause and remanded it to the district court to assess a potential state-created danger claim.

Jackson argues the Fifth Circuit’s decision is inconsistent with previous rulings and that the state-created-danger doctrine lacks a clear, consistent definition across different circuits. The city highlights issues with the O.B. Curtis Water Treatment Plant, specifically failures in the lime treatment pump and a subsequent decision to switch water sources, which allegedly exacerbated the risk of lead contamination. Testing in 2015 revealed lead levels exceeding legal limits in 22 homes.

(Source：WLBT)