Guertin v. Michigan, No. 17-1769 (6th Cir. 2019)Annotate this Case
As a cost-saving measure, Flint's municipal water supply was switched from the Detroit Water and Sewerage Department (DWSD) to the Flint River and was processed by an outdated and previously mothballed water treatment plant, with the approval of Michigan regulators and an engineering firm, and distributed without adding chemicals to counter the river water’s known corrosivity. Within days, residents complained of foul smelling and tasting water. Within weeks, some residents’ hair began to fall out and their skin developed rashes. Within a year, there were positive tests for E. coli, a spike in deaths from Legionnaires’ disease, and reports of dangerously high blood-lead levels in Flint children. The river water was 19 times more corrosive than the Lake Huron water pumped supplied by DWSD; without corrosion-control treatment, lead leached out of the lead-based service lines. The district court dismissed many claims and defendants in a suit by residents. The remaining defendants appealed with respect to the remaining 42 U.S.C. 1983 claim--that defendants violated their right to bodily integrity as guaranteed by the Substantive Due Process Clause. The Sixth Circuit concluded that plaintiffs pled a plausible Due Process violation regarding some defendants, rejecting their qualified immunity claims. The court reversed as to other defendants; plaintiffs alleged mere negligence, not a constitutional violation, against them. The court rejected a claim that the city was entitled to Eleventh Amendment immunity based on Michigan's takeover of the city under the “Emergency Manager” law.