Case: Flint Water Crisis Legionella Cases
5:17-cv-12942 | U.S. District Court for the Eastern District of Michigan
Filed Date: Sept. 7, 2017
Case Ongoing
Clearinghouse coding complete
Case Summary
This entry describes Flint water crisis cases focused on Legionella claims against McLaren Hospital. To read about related Flint water crisis cases, click here. Like the umbrella litigation, Waid v. Snyder, described there, the cases covered here are in front of Judge Judith Levy.
Background
In 2014, in an effort to save money, the City of Flint (controlled by a state-appointed emergency manager) switched its water supply to water drawn from the Flint River, which was contaminated by Legionella bacteria. Several patients in Flint hospitals drank the contaminated water, which exposed them to the deadly bacteria and ultimately caused their death.
The plaintiffs, surviving families of the victims, claimed that the hospitals and government officials knew as early as October 2014 and certainly by January 2015 that there was a significant increase in reported cases of fatal and life threatening non-fatal illnesses caused by the exposure to Legionella bacteria beginning in May 2014, and that the likely source of the increase in illness was the introduction of Flint River water as a drinking water source. They claimed that these government officials, the hospitals, and several engineering companies exacerbated the crisis by concealing the increased risk of exposure to the deadly Legionella bacteria and by failing to take effective remedial action to eliminate it, among other things.
Individual Cases
Marble v. Snyder, Docket No. 5:17-cv-12942
On Sept. 7, 2017, an individual plaintiff, in her capacity as an individual and as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.
On March 26, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.
Several defendants separately filed motions to dismiss on May 30, 2018. On the same day, the City of Flint sought to dismiss the plaintiff’s short form complaint. Several other defendants also sought to dismiss the plaintiff’s long and short form complaints on July 31, and Aug. 17, 2018.
On Sept. 9, 2018, the plaintiff filed an amended short form complaint with jury demand. No parties were added to the complaint. As the motions to dismiss were filed after the plaintiff had filed an amended complaint, the court dismissed the motions to dismiss as moot on Sept. 16 2019.
Several defendants separately filed motions to dismiss the plaintiff’s amended complaint on Oct. 1, 4, and 11, 2019. On April 10, 2020, the court granted in part such motions to dismiss. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and three types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain government defendants violated Bertie Marble’s right to bodily integrity; 2) a claim that LAN and VNA were professionally negligent under state law; and 3) a claim that McLaren was negligent under state law. In addition, the court found that the plaintiffs’ professional negligence and negligence counts can go forward, but the request for exemplary damages was dismissed along with any claim for joint and several liability. 2020 WL 1822304
On April 23, a defendant appealed this order. This case is ongoing.
Brown v. Snyder, Docket No. 5:18-cv-10726
On March 2, 2018, an individual plaintiff, in her capacity as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, Hurley Medical Center, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.
On May 1, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.
On Sept. 10 2019, the plaintiff filed an amended short form complaint with jury demand. No new parties were added to the complaint.
A defendant sought to dismiss the plaintiff’s amended complaint on Oct. 1, 2019. Several defendants separately filed motions to dismiss on Oct. 4 2019. The court granted in part and part such motions on Mar. 27 2020. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and two types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain Government Defendants violated Odie Brown’s right to bodily integrity and 2) a claim that LAN was professionally negligent under state law. 2020 WL 1503256
Several defendants appealed this order on April 14, 2020. This case is ongoing.
Summary Authors
Bogyung Lim (5/28/2020)
Related Cases
Waid v. Snyder (In re Flint Water Cases), Eastern District of Michigan (2016)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6642911/parties/marble-v-snyder/
Abood, Andrew P. (Michigan)
Altman, Keith L. (Michigan)
Amodeo, Salvatore A. (Michigan)
Anderson, Tyler J. (Michigan)
Allen, James P. (Michigan)
Amodeo, Salvatore A. (Michigan)
Benedetto, Conrad J. (Michigan)
Bingman, Teresa Ann Caine (Michigan)
Broaddus, John McNeill (Michigan)
Dawson, Donald H. Jr. (Michigan)
Deich, Alison Sarah (Michigan)
Dezbor, Danielle Lynn (Michigan)
Donnell, Heather L. (Michigan)
Fieger, Geoffrey N. (Michigan)
Goodman, William Harry (Michigan)
Goodwin, Julia Marie (Illinois)
James, Kathryn Bruner (Michigan)
Kennedy, Paulina Rose (Michigan)
Lanciotti, Patrick James (Michigan)
Leopold, Theodore J. (Michigan)
Lindsey, Cynthia M. (Michigan)
Monroe, Stephen Frederick (Michigan)
Morrissey, Stephen E. (Michigan)
Nelson, Justin Adatto (Michigan)
Peaslee, Katherine M. (Michigan)
Robinson-Holmes, Channing E. (Michigan)
Russo, Teresa Marie (Michigan)
Schaktman, Elliot M. (Michigan)
Schnieders, Christopher L. (Michigan)
Sinkovich, Madeline M. (Michigan)
Skaller, Madeleine Layla (Michigan)
Stamatopoulos, Gregory (Michigan)
Vergara, Claire D'Lou (Michigan)
Barbieri, Charles E. (Michigan)
Bettenhausen, Margaret A. (Michigan)
Cafferty, Michael S. (Michigan)
Campbell, James M. (Massachusetts)
Campbell, Donald D. (Michigan)
Campbell, Richard P. (Michigan)
Clare, Christopher B. (District of Columbia)
Collins, Allison M. (Michigan)
David, Javon Rachael (Michigan)
Devine, Alaina N. (Massachusetts)
Dupre, Kristin Michele (Michigan)
Eagles, Daniel Charles (Michigan)
Fletcher, Christopher Davidson (Michigan)
Gildner, Michael J. (Michigan)
Gilliam, John Stephen (Michigan)
Gilliam, Courtney B. (Michigan)
Grashoff, Philip A Jr. (Michigan)
Grunert, John A.K. (Massachusetts)
Ingber, Matthew David (Michigan)
Klein [inactive], Sheldon H (Michigan)
Kliffel, William J. (Michigan)
Lightfoot, Jewel Morris (Michigan)
MacDonald, J. Brian (Michigan)
Marker, Christopher James (Michigan)
McElvaine, Bryan David (Michigan)
Mikalonis, Saulius K. (Michigan)
Morgan, Thaddeus E. (Michigan)
O'Donnell, John Joseph (Michigan)
Pattwell, Michael J. (Michigan)
Penhallegon, John R. (Michigan)
Perkins, Todd Russell (Michigan)
Rosenman, Andrew S. (Michigan)
Rusek, Alexander S. (Michigan)
Smith, Susan Elizabeth (Maryland)
Stritmatter, Christopher A. (Michigan)
Walthall, Timothy B. (Michigan)
Bednarz, Michael Frank (Michigan)
Fletcher, Shayla A. (Michigan)
Fletcher, Loyst Fletcher (Michigan)
Greenspan, Deborah E. (Michigan)
Homa, Jonathon Kenneth (Michigan)
LaBelle, Deborah A. (Michigan)
Latanision, Alexander (Michigan)
Massey, Jonathan S. (Michigan)
McLaughlin, Robert J. (Michigan)
Sanders, Herbert A. (Michigan)
Segars, Darryl Keenan (Michigan)
Stamler, Patricia A. (Michigan)
Szokoly, Nicholas Adam (Michigan)
Thomson, Elizabeth C. (Michigan)
Turchyn, Matthew J. (Michigan)
Walker, Renner Kincaid (Michigan)
Washington, Valdemar L. (Michigan)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/6642911/marble-v-snyder/
Last updated June 21, 2026, 4:42 a.m.
Case Details
State / Territory:
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Sept. 7, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Families of individuals who died from the legionella disease as a result of the Flint water crisis and resulting water contamination.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City
City of Flint
Private Entity/Person
Hurley Medical Center
Lockwood Andrews & Newnam, P.C
McLaren Hospital
Veolia North America, LLC
State
Governor Richard D. Snyder
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Other Dockets:
Eastern District of Michigan 5:17-cv-12942
Eastern District of Michigan 5:18-cv-10726
Eastern District of Michigan 5:16-cv-10444
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Case Summary of Flint Water Crisis Legionella Cases, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17180/ (last updated 5/28/2020).