In a significant legal development, an appeals court on Wednesday dismissed Benton Harbor Mayor Marcus Muhammad from a lawsuit accusing local officials of mismanaging the city’s lead-contaminated water crisis. The court’s decision reversed a previous ruling by a federal judge, citing governmental immunity for the mayor.
Court Grants Immunity to Mayor
The three-judge panel concluded that while the response to Benton Harbor’s water crisis was “far from perfect,” the complaint failed to demonstrate that Mayor Muhammad acted with “deliberate indifference” in causing or addressing the situation.
“Although we recognize that the response to Benton Harbor’s water crisis was far from perfect, the complaint does not provide any statement or action by Muhammad that would indicate that he had acted with deliberate indifference in causing or dealing with the crisis,” the judges stated in their ruling.
Background on the Water Crisis
For three consecutive years, Benton Harbor’s water system tests revealed dangerously high levels of lead, a contaminant known to cause severe health issues, particularly in young children. The lawsuit originally alleged that Mayor Muhammad violated residents’ rights to bodily integrity by not taking sufficient action to protect them from the lead exposure.
In 2021, the U.S. Environmental Protection Agency (EPA) criticized the city for failing, for over a year, to adequately warn residents and the local health department about the lead contamination. The EPA subsequently mandated improvements at the water treatment plant.
Current Situation and Ongoing Legal Action
Since the crisis first came to light, Benton Harbor has undertaken significant efforts to address the problem, including replacing lead pipes throughout the city of 9,000 residents. Recent water tests indicate that lead levels no longer exceed federal safety guidelines.
Despite Mayor Muhammad’s dismissal from the lawsuit, the legal battle is not over. The appeals court ruled that the case will proceed against the former director of Benton Harbor’s water plant, who remains a defendant in the ongoing litigation.
