Case: Washington v. Snyder

5:16-cv-11247 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 6, 2016

Case Ongoing

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Case Summary

This case arose from the Flint water crisis, a public health emergency in which the city of Flint, Michigan supplied water that contained elevated levels of lead to the public. On April 6, 2016, fifteen residents of Flint, Michigan filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Governor of Michigan, his chief of staff, the Michigan Department of Environmental Quality (MDEQ), several other government agencies, the City of Flint, and three corporations under 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C § 1964), and state law. The plaintiffs, represented by private counsel, alleged that defendants’ involvement in the supply of lead-contaminated drinking water violated their Fourteenth Amendment Due Process and Equal Protection rights, RICO, and state law.

Flint had purchased water from the high quality Detroit Water and Sewerage Department (DWSD) for roughly half a century before the crisis. But in 2014, led by an Emergency Manager, Flint switched its water source to the Flint River as a way to address the city’s financial problems. The plaintiffs alleged that, because the Flint River was only a temporary solution until the City could be connected to the Karegnondi Water Authority, the state knew that the Flint River was low quality even before connecting the City to the source. The plaintiffs claimed that by continuing to charge the residents of Flint the same amount for water despite the significantly lower quality, the defendants were fraudulently engaged in a RICO scheme by selling unsafe water. Specifically, the plaintiffs claimed that this deprived them of both contractually guaranteed property and bodily integrity rights protected under a substantive due process framework.

Further, the plaintiffs alleged that their Fourteenth Amendment right to Equal Protection was violated because the switch from the DWSD to the Flint River was motivated by racism. The plaintiffs’ evidence of racial discrimination was the fact that, of the six municipalities that bought water from DWSD through which the Flint River flowed, only the predominantly Black City of Flint was switched to the Flint River source.

Because this case appeared to be a companion case to Mays v. Snyder (Case No. 15-14002), on April 20, 2016, this case was reassigned to District Judge John Corbertt O’Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor.

On June 30, 2016, the plaintiffs filed an amended complaint, adding a jury demand and several additional defendants in their official capacities at all times relevant to the complaint, some of which included the Michigan Department of Health and Human Services (MDHHS), the former treasurer of the State of Michigan, all four emergency managers assigned to the city of Flint, the elected mayor of the City of Flint, and the directors and managers of several city and state health programs and water treatment plants. Another amended complaint was filed by the plaintiffs on August 12, 2016.

On October 6, 2016, the State of Michigan, the Governor, MDEQ, MDHHS, and several individual government employees being sued in their official capacity filed a motion to dismiss. Another group of defendants—the Emergency Managers and City Officials of the City of Flint named in their official capacity as defendants in the suit—also filed a motion to dismiss the plaintiffs’ second amended complaint for similar reasoning as the other defendants. Additional motions to dismiss were filed on October 21st, 28th, and 31st. Although filed separately, all of the motions argued primarily the same reasons for dismissing the plaintiffs’ suit: the state defendants were entitled to Eleventh Amendment immunity and the Court had already declared that the only federal remedy available for the plaintiffs’ grievances is the Safe Drinking Water Act.

Meanwhile, two cases with similar claims had recently been decided and were consolidated on appeal in the U.S. Court of Appeals for the Sixth Circuit: Mays v. Snyder (Case No. 15-14002) and Boler v. Earley (Case No. 16-10323). On April 18, 2017, the parties in this case stipulated, and Judge John Corbett O’Meara granted, a stay on all aspects of this case, pending the consolidated appeals of these two cases.

On July 27, 2017, this case, along with seven other cases litigating the Flint Water Crisis, were consolidated with Waid v. Snyder. All motions pending in this case were denied without prejudice. See the Clearinghouse record for Waid for all subsequent litigation.


5:16-cv-11247	Docket [PACER] Washington, Jr. v. Snyder	July 28, 2017	July 28, 2017 Docket
1 5:16-cv-11247	Complaint	April 6, 2016	April 6, 2016 Complaint
33 5:16-cv-11247	Second Amended Complaint	Aug. 12, 2016	Aug. 12, 2016 Complaint
67 5:16-cv-11247	State Defendants' Motion to Dismiss Under Fed. R. Civ. Proc. 12(b)(1) & (6)	Oct. 6, 2016	Oct. 6, 2016 Pleading / Motion / Brief
73 5:16-cv-11247	Individual City Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint	Oct. 13, 2016	Oct. 13, 2016 Pleading / Motion / Brief
131 5:16-cv-11247	Stipulated Order Granting a Suspension of Time to File Responsive Pleadings Until Plaintiffs' Motion to Compel is Resolved	April 18, 2017	April 18, 2017 Order/Opinion
142 5:16-cv-11247	Order Granting in Part the WAID Motion for Consolidation of the Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions, Denying the Guertin Motion to Consolidate Cases In re Flint Water Cases	July 27, 2017	July 27, 2017 Order/Opinion

ECF Number	Date	Description	Link
1	April 6, 2016	COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5632729 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Document Continuation RICO Statement) (Kresch, Ari) (Entered: 04/06/2016) 1 Document Continuation RICO Statement View on PACER	Clearinghouse
2	April 6, 2016	ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Paul D. Borman to District Judge Avern Cohn. (SSch) (Entered: 04/06/2016)	RECAP
	April 7, 2016	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
3	April 7, 2016	SUMMONS Issued for * All Defendants * (DAll) (Entered: 04/07/2016)	RECAP
	April 7, 2016	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)
4	April 20, 2016	ORDER REASSIGNING CASE from District Judge Avern Cohn and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/20/2016)	RECAP
5	April 26, 2016	ATTORNEY APPEARANCE: Krista A. Jackson appearing on behalf of Stephen Busch w/Certificate of Service (Jackson, Krista) (Entered: 04/26/2016)	RECAP
6	April 26, 2016	ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 04/26/2016)	RECAP
7	April 26, 2016	ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/26/2016)	RECAP
8	April 28, 2016	NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 04/28/2016)	RECAP
9	May 2, 2016	NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 05/02/2016)	RECAP
10	May 3, 2016	NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 05/03/2016)	RECAP
11	May 10, 2016	ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Bettenhausen, Margaret) (Entered: 05/10/2016)	RECAP
12	May 10, 2016	ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Gambill, Nathan) (Entered: 05/10/2016)	RECAP
13	May 10, 2016	ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Kuhl, Richard) (Entered: 05/10/2016)	RECAP
14	May 10, 2016	ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 05/10/2016)	RECAP
15	May 10, 2016	NOTICE by Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells of Screening Device (Larsen, Zachary) (Entered: 05/10/2016)	RECAP
16	May 11, 2016	NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 05/11/2016)	RECAP
17	May 11, 2016	NOTICE of Appearance by Craig S. Thompson on behalf of Rowe Professional Service Company. (Thompson, Craig) (Entered: 05/11/2016)	RECAP
18	May 17, 2016	NOTICE of Appearance by Marc J. Bern on behalf of All Plaintiffs. (Bern, Marc) (Entered: 05/17/2016)	RECAP
19	May 17, 2016	NOTICE of Appearance by Chet W. Kern on behalf of All Plaintiffs. (Kern, Chet) (Entered: 05/17/2016)	RECAP
20	May 17, 2016	NOTICE of Appearance by William Young Kim on behalf of City of Flint, Howard Croft, Dayne Walling. (Kim, William) (Entered: 05/17/2016)	RECAP
21	May 24, 2016	NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel, Daniel Wyant. (Bolton, Jordan) (Entered: 05/24/2016)	RECAP
22	May 25, 2016	STIPULATION AND ORDER Extending Time for Defendants Bradley, Wurfel, Wyant, Busch, Shekter-Smith, Cook, Prysby, and Rosenthal to Respond to Amended Complaint; Responsive Pleading due by 8/12/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/25/2016)	RECAP
23	May 26, 2016	NOTICE of Appearance by Stacy Erwin Oakes on behalf of City of Flint. (Erwin Oakes, Stacy) (Entered: 05/26/2016)	RECAP
24	June 2, 2016	ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby (Barbieri, Charles) (Entered: 06/02/2016)	RECAP
25	June 3, 2016	STIPULATION AND ORDER Extending Time for Plaintiffs to Amend 1 Complaint; Amended Complaint due on or before July 1, 2016; Defendants' Responsive Pleading due on or before August 12, 2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)	RECAP
26	June 7, 2016	NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint. (Klein, Sheldon) (Entered: 06/07/2016)	RECAP
27	June 7, 2016	NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint. (Berg, Frederick) (Entered: 06/07/2016)	RECAP
28	June 8, 2016	NOTICE of Appearance by Joseph E. Richotte on behalf of City of Flint. (Richotte, Joseph) (Entered: 06/08/2016)	RECAP
29	June 30, 2016	AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit RICO Statement) (Kresch, Ari) (Entered: 06/30/2016) 1 Exhibit RICO Statement View on PACER	RECAP
	June 30, 2016	REQUEST for SUMMONS for Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc.. (Kresch, Ari)
30	July 1, 2016	SUMMONS Issued for Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc. (DPer) (Entered: 07/01/2016)	RECAP
31	July 26, 2016	NOTICE of Appearance by David C. Kent on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 07/26/2016)	RECAP
32	Aug. 12, 2016	STIPULATION AND ORDER Regarding Second Amended Complaint and Response, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/12/2016)	RECAP
33	Aug. 12, 2016	AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit Second Amended RICO Statement) (Radner, Solomon) (Entered: 08/12/2016) 1 Exhibit Second Amended RICO Statement View on PACER	Clearinghouse
34	Aug. 12, 2016	SUMMONS Issued for R. Kevin Clinton (Ahmed, N) (Entered: 08/12/2016)	RECAP
35	Aug. 12, 2016	SUMMONS Issued for Each (Ahmed, N) (Entered: 08/12/2016)	RECAP
36	Aug. 12, 2016	ANSWER to Complaint with Affirmative Defenses by Ed Kurtz. (Gildner, Michael) (Entered: 08/12/2016)	RECAP
37	Aug. 12, 2016	CERTIFICATE OF SERVICE re 36 Answer to Complaint by Ed Kurtz (Gildner, Michael) (Entered: 08/12/2016)	RECAP

Case: Washington v. Snyder

5:16-cv-11247 | U.S. District Court for the Eastern District of Michigan

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