Filed Date: Nov. 2, 2017
Case Ongoing
Clearinghouse coding complete
On November 2, 2017, five residents of Flint, MI filed this lawsuit in the Michigan Court of Claims. The plaintiffs sued the State of Michigan and state employees for personal injuries and property damage arising out of the Flint Water Crisis under Michigan state law. Represented by private counsel, the plaintiffs sought declaratory relief, injunctive relief requiring the remediation of harm caused to plaintiffs, monitoring, compensatory damages, punitive damages, and attorneys’ fees and costs.
This is one of many cases arising out of the Flint Water Crisis. The plaintiffs claimed that city and state officials chose to use the Flint River as a primary source of water for residents in Flint, despite knowing that the water was unsafe for consumption. Specifically, the plaintiffs alleged that Flint officials began using water from the Flint River in 2013, despite multiple environmental studies conducted in 2011 and 2012 warning against it.
Although initially filed in a Michigan state court, the defendants removed the case to federal court on February 28, 2018. The defendants supplied two bases for federal jurisdiction: first, that they qualified as federal officers because the Environmental Protection Agency controlled their operations; and second, that they acted under federal statutes and rules including the Safe Drinking Water Act, the Surface Water Treatment Rule, and the Lead and Copper Rule. The case was originally assigned to Judge John Corbett O’Meara and quickly reassigned to Judge Judith E. Levy, who handled most of the cases related to the Flint water crisis. The plaintiffs moved to remand the case.
The court remanded the case a series of related orders. First, on March 29, 2018, Judge Levy determined that the Sixth Circuit’s decision in Mays v. City of Flint foreclosed the defendants’ argument that they were eligible for federal officer removal. In the same order, Judge Levy expressed concern at exercising jurisdiction over a state-law claim based only on “general[] references” to federal law and directed the defendants to show cause why the case should not be remanded. Then, on April 3, 2018, the court granted a stipulated order remanding the cases against defendants who served as emergency managers in Flint. Finally, on April 17, 2018, Judge Levy remanded the remaining claims. Judge Levy wrote that under Nappier v. Snyder, removal based on a substantial federal question required the unanimous consent of all defendants, which did not exist in this case as to the defendants who stipulated to remand.
The defendants appealed on May 10, 2018. They soon recognized that binding Sixth Circuit precedent foreclosed their appeal absent action by the Supreme Court on Nappier or further developments in Waid v. Snyder, a consolidated case involving federal class actions arising from the Flint Water crisis. The parties stipulated to a voluntary dismissal on July 6, 2018.
The case then resumed in state court. The court (Judge Christopher Murray) denied the defendants’ motion for summary disposition on July 27, 2018. The defendants appealed, arguing that they enjoyed governmental immunity. The case and appeals are ongoing.
Summary Authors
Olivia Vigiletti (11/12/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6576457/parties/brown-v-snyder/
Levy, Judith Ellen (Michigan)
Murray, Christopher M. (Michigan)
Oliver, Alyson L. (Michigan)
Barbieri, Charles E. (Michigan)
Bolton, Jordan S. (Michigan)
Burdick, James W. (Michigan)
Cafferty, Michael S. (Michigan)
Clare, Christopher B. (District of Columbia)
Dwyer, Lisa L. (Michigan)
Gambill, Nathan A. (Michigan)
Levy, Judith Ellen (Michigan)
Murray, Christopher M. (Michigan)
Oliver, Alyson L. (Michigan)
Barbieri, Charles E. (Michigan)
Bolton, Jordan S. (Michigan)
Burdick, James W. (Michigan)
Cafferty, Michael S. (Michigan)
Clare, Christopher B. (District of Columbia)
Dwyer, Lisa L. (Michigan)
Gambill, Nathan A. (Michigan)
Grashoff, Philip A. Jr. (Michigan)
Jackson, Krista A. (Michigan)
MARY CHARTIER-MITTENDORF, Mary (Michigan)
Meihn, Gregory M. (Michigan)
Morgan, Thaddeus E. (Michigan)
Parker, Patric A (Michigan)
Pattwell, Michael J. (Michigan)
Perkins, Todd Russell (Michigan)
Wise, Matthew (Michigan)
Wolf, Barry A. (Michigan)
Burns, Shawna (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/6576457/brown-v-snyder/
Last updated May 18, 2023, 3:02 a.m.
State / Territory: Michigan
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Nov. 2, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Five residents of Flint affected by contaminated water.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Michigan Department of Environmental Quality, State
Michigan Department of Health and Human Services, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Access to public accommodations - governmental
Public benefits (includes, e.g., in-state tuition, govt. jobs)