Lawsuit against Michigan mayor over city’s handling of lead in water dismissed

Lawsuit against Michigan mayor over city’s handling of lead in water dismissed

BENTON HARBOR, Mich. (AP) — An appeals court on Wednesday dismissed a Michigan mayor’s lawsuit accusing local officials of mishandling problems with lead-contaminated water.

The court overturned a federal judge’s decision and declared that Benton Harbor Mayor Marcus Muhammad enjoyed immunity from the government.

“While we acknowledge that the response to the Benton Harbor water crisis was far from perfect, the complaint contains no statement or action by Muhammad that would indicate that he acted with deliberate indifference in causing or dealing with the crisis,” the three-judge panel said.

For three years in a row, tests of the Benton Harbor water system have found high levels of lead in the water. Lead can be particularly harmful to young children, stunting their development and lowering their IQ.

The lawsuit accused Muhammad of violating residents’ right to physical integrity by not doing enough to protect residents. In 2021, the U.S. Environmental Protection Agency said the city had failed to warn residents and the local health department about lead for more than a year and ordered changes at the water plant.

Today the situation is different. In the town of 9,000 inhabitants, the lead pipes have been replaced and the lead content in the water has not exceeded the national limit.

Experts say an outdated water system, fewer users and other problems caused leaching from pipes in Benton Harbor, which runs from Lake Michigan to a treatment plant.

The trial against the former head of the Benton Harbor waterworks will continue, the appeals court announced.

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