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Fifth Circuit Revives Constitutional Claims in Jackson, Mississippi Water Crisis Class Action
The Fifth Circuit found plausible constitutional violations including bodily integrity and state-created danger claims under 42 U.S.C. § 1983 in Jackson's water contamination case.
- The U.S. Court of Appeals for the Fifth Circuit reinstated key constitutional claims over Jackson, Mississippi residents' water contamination in a published opinion, according to Kershaw Talley Barlow, PC.
- Plaintiffs say systemic failures in Jackson's drinking water system caused prolonged boil-water notices, service outages, and inadequate corrosion control.
- The panel embraced a new §1983 theory, recognizing a state-created danger claim under 42 U.S.C. § 1983 and holding plaintiffs plausibly alleged a constitutional right to bodily integrity violation.
- The panel left claims against the City of Jackson intact while affirming dismissal of individual city officials on qualified immunity grounds, and issued a temporary stay of the mandate for en banc review.
- Kershaw Talley Barlow, representing the proposed class, said this ruling is an important step toward accountability and noted the firm’s more than $1 billion in recoveries.
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Total News Sources16
Leaning Left0Leaning Right2Center3Last UpdatedBias Distribution60% Center
Bias Distribution
- 60% of the sources are Center
60% Center
C 60%
R 40%
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