Levy Konigsberg obtains federal court ruling reviving hundreds of children's civil rights claims arising from exposure to lead-contaminated water in Benton Harbor, Michigan

BENTON HARBOR, Mich., May 7, 2025 /PRNewswire/ -- Nationally recognized law firm Levy Konigsberg obtained a federal court ruling yesterday that revives civil rights claims against the City of Benton Harbor and other defendants responsible for exposing children to lead-contaminated water in the Benton Harbor Water Crisis. Levy Konigsberg also represents children similarly injured in the Flint Water Crisis, and announced this Benton Harbor court ruling as the latest development in the firm's advocacy for children harmed by lead-contamination in public water systems.

According to Levy Konigsberg's federal lawsuits, the City of Benton Harbor, Michigan, exposed the most vulnerable members of the community––young children––to extremely high levels of lead in their public water supply. This Benton Harbor Water Crisis lasted over three years and resulted in life-changing, irreversible brain injuries for the children of Benton Harbor.

In 2022, attorneys from Levy Konigsberg brought civil rights and state law claims against the City of Benton Harbor, the State of Michigan, and the private engineering firms alleged to have created, prolonged, concealed, and worsened the Benton Harbor Water Crisis.

Each of the defendants filed motions to dismiss the case, raising legal defenses such as immunity and other doctrines. Levy Konigsberg attorneys, led by Corey Stern and Melanie Daly, challenged these efforts, ultimately bringing the case to the United States Court of Appeals for the Sixth Circuit.

Yesterday, in a momentous and lengthy published opinion, the Sixth Circuit ruled that the citizens of Benton Harbor's constitutional body integrity claims should be reinstated against the City of Benton Harbor and its officials. The Court also ruled that the state law claims against the engineers could proceed to the District Court for decision on supplemental jurisdiction, and that Levy Konigsberg attorneys could seek leave to amend their civil rights claims against the state of Michigan.

As to the City of Benton Harbor and its employees––– Mayor Marcus Muhammad, City Manager Darwin Watson, and former Drinking Water Superintendent Michael O'Malley–– the Court found that these "city officials misled the public about the nature of the lead-water crisis from the moment the lead-level exceedance was discovered." Indeed, the Court explained that:

"City officials downplayed the scale of the emergency and advised people to drink the tap water replete with lead. Rather than working earnestly to resolve the problem, the City officials skirted recommended guidelines and sought to minimize lead-water testing. And when they began to implement a solution to the problem, the City officials provided the public with a recklessly rosy picture of the progress made, leading the public to think the problem was being resolved when, in fact, the water was still too dangerous to drink." (emphasis added)

The Court additionally set forth powerful precedent, striking down arguments that the actions and inactions of the Benton Harbor defendants must exactly match the facts from the Flint Water Crisis in order to continue to trial and succeed. The Court explained that: "plaintiffs alleging violations of the right to bodily integrity arising from drinking lead-contaminated water do not need to set forth factual allegations identical to the extraordinary mismanagement in the Flint Water Crisis to prevail."

In commenting on the legal decision, Melanie Daly, Partner at Levy Konigsberg, stated: 

"This well-reasoned decision not only permits the children of Benton Harbor to move forward in their fight for accountability and justice, but also sets an important legal precedent regarding civil rights claims based on children's unknowing and dangerous exposure to lead from their public water system–––a silent danger that is unfortunately-ever present in some of the most underserved populations in the Country."

Levy Konigsberg has become one of the leading national voices in the fight for justice on behalf children lead poisoned by drinking water from public water systems. The firm has filed hundreds of similar cases across the country and was instrumental in the legal proceedings related to the Flint Water Crisis Settlement. 

Media Inquiries & Contact Information:
Reporters and journalists seeking interviews or additional information are encouraged to contact Attorney Corey Stern and Melanie Daly via the firm's contact page:
https://www.levylaw.com/contact-us/

SOURCE Levy Konigsberg