FLINT, MI – Attorneys for plaintiffs in a class-action lawsuit regarding Flint’s water crisis say they are going to appeal a federal judge’s dismissal of one of four cases.
“This is really just a temporary setback,” said Michael Pitt, an attorney representing Flint community activist Melissa Mays and other Flint residents in the class action lawsuits. “We are going to take an appeal to the sixth circuit.”
Mays along with filed a class action lawsuit against Gov. Rick Snyder and other political leaders including former mayor Dayne Walling and the city of Flint saying they were responsible for replacing water in Flint with water that was “dangerous, unsafe and…inadequately treated.”
U.S. District Judge John Corbett O’Meara dismissed the class-action lawsuit on Thursday saying it would bypass the Safe Drinking Water Act’s procedures.
“What Judge O’Meara believed is that the way the Safe Drinking Water Act was written by congress the appropriate forum (for this case) should be Genesee County Circuit Court or Michigan Court of Claims. Not in federal court,” Pitt said. “We disagree with that.” Pitt said they are appealing O’Meara’s decision in 6th U.S. Circuit Court of Appeals.
The lawsuit declared the conduct of the 14 officials unconstitutional.
In addition to Snyder, Walling and the emergency managers, the lawsuit names defendants Dan Wyant, director of the state Department of Environmental Quality; Liane Shekter, Adam Rosenthal, Stephen Busch, Patrick Cook, Michael Prysby and Brad Wurfel, all of the DEQ; Flint Department of Public Works Director Howard Croft, Flint Utilities Administrator Michael Glasgow and Daughtery Johnson, former city utilities administrator.
State officials say they are pleased with the recent dismissal.
“We are pleased to see this matter has been resolved through the judicial process,” said Anna Heaton, press secretary for Snyder, said in an email statement to MLive-The Flint Journal. “We will continue working each day to provide resources for Flint’s full recovery, just as we have been for the last year.”
They are still facing the potential appeal and three other lawsuits.
“This is one of four cases that have been filed on behalf of the Flint citizens by Mays’ legal team,” Pitt said. “The other cases are proceeding and we are proceeding very aggressively on the other cases. Everybody’s legal rights are still intact. Nobody’s lost anything as a result of this decision this is more procedural than substantive.”
On Jan. 3 they filed a case against the Environmental Protection Agency, there are also lawsuits pending in the Genesee County Circuit Court and the Michigan Court of Claims.
On Monday we filed a case against the (Environmental Protection Agency), we have class action pending in the Genesee County Circuit Court and the Michigan Court of Claims.
Source: www.mlive.com
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