JACKSON, MISSISSIPPI — The Fifth Circuit Court of Appeals dismissed a lawsuit against the city of Jackson, Mississippi. Judge Kurt Engelhardt wrote the ruling for the appellate court.

The litigation alleged that the city knowingly allowed residents to drink lead-contaminated water. Plaintiffs argued that the contamination violated residents' constitutional right to bodily integrity. The complaint also alleged that the city violated residents' right to accurate information from the government.

"The Constitution does not provide redress for every governmental wrongdoing," Engelhardt wrote. "These deprivations, while grievous, do not infringe upon any deeply rooted constitutional right." The judge stated there is no constitutional right to truthful information from officials during a public health crisis.

Lieutenant James Brosi offered a contrasting perspective on the impact of the water crisis in an interview. "We were dying with every breath we took down there. What we learned is that the city knew it," Brosi said.

The lawsuit was first filed in 2022. Priscilla Sterling is a plaintiff in the lawsuit against the city. Several of Sterling’s children have been diagnosed with lead poisoning. Lead poisoning can cause permanent brain damage.

The plaintiffs alleged that the city exacerbated the lead contamination problem through a series of boil-water notices. Boil-water notices can eliminate some bacterial contamination but also concentrate lead in water.

Jackson has a poverty rate that is more than double the national average. More than 80 percent of residents are Black. A quarter of Jackson’s residents are children. Engelhardt was appointed by President Donald Trump.

Why It Matters

The dismissal establishes that the Constitution does not guarantee a right to truthful government information during health emergencies. This ruling limits the legal avenues available to residents who allege they were misled about public health risks. The decision affects a population where more than 80 percent of residents are Black and the poverty rate is more than double the national average.

The case shows the intersection of infrastructure failure and constitutional law. While the court acknowledged the grievous nature of the deprivations, it determined these issues do not fall under deeply rooted constitutional rights. The ruling leaves residents without federal judicial redress for the alleged misinformation regarding lead levels in their water supply.

Timeline

In 2015, officials from the Mississippi State Department of Health found elevated lead levels in the Jackson water supply. The Mississippi State Department of Health remained silent about the elevated lead levels for six months after finding them in 2015. The 2020 Environmental Protection Agency tests found leaks, corrosion, and high lead levels throughout the Jackson water system. Environmental Protection Agency officials ran tests in 2020 and found persistent violations of water safety policy in Jackson. The lawsuit was first filed in 2022. State of Iowa v. Iowa Juvenile Court for Plymouth County — State of Iowa v. Iowa Juvenile Court for Plymouth County — Supreme Court of Iowa — IN THE SUPREME COURT OF IOWA No. 22–0326 Submitted October 10, 2023—Filed December 15, 2023 STATE OF IOWA, Plaintiff, vs. IOWA JUVENILE COURT FOR PLYMOUTH COU

What's New

The department remained silent about the elevated lead levels for six months after finding them in 2015. The lawsuit was first filed in 2022.