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Fifth Circuit Court Affirms Dismissal of Jackson Water Lawsuit Claiming Constitutional Rights to Clean Water

The Fifth Circuit Court of Appeals upheld the dismissal of a lawsuit filed by Jackson residents, Priscilla Sterling, Raine Becker, Shawn Miller, and John Bennett, against the city of Jackson. The residents alleged that the city knowingly allowed lead-contaminated water to enter the supply and failed to provide accurate information regarding its safety. The plaintiffs argued that these failures violated their constitutional right to bodily integrity and informed consent. Judge Kurt Engelhardt, a Donald Trump appointee, ruled that the U.S. Constitution does not guarantee a right to clean water or accurate information from public officials. The court noted that while the deprivations are grievous, they are not deeply rooted in the nation's history and tradition. Engelhardt stated that residents have other avenues for justice, such as pursuing tort claims, electing better representatives, or petitioning legislatures. While the majority dismissed the claims, Judge Catharina Haynes dissented in part, suggesting the residents allegedly presented a plausible claim under the state-created danger doctrine. Jackson Mayor John Horhn expressed satisfaction with the court's decision, noting the city's continued commitment to the water system.

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