The $150 million class-action lawsuit that was filed by Flint residents and one Flint business has been dismissed by a federal judge in Detroit. The judge suggested refiling the case in a Michigan state court.
According to the Detroit News, US District Judge John Corbett O'Meara said in his decision that the claims of the residents that Flint violated their constitutional rights and state law by providing contaminated water and requiring them to pay for it fell under the Federal Safe Drinking Water Act.
As reported by the Chicago Tribune, residents have accused Flint together with its state officials for violating their rights. The city switched the supply of their water from Detroit's water source to the Flint River but didn't provide corrosion control which caused lead to contaminate old pipelines.
Valdemar L. Washington, the plaintiffs' representative, said tthe decision was a procedural dismissal. Washington thinks that the judge was wrong in his decision because the Safe Drinking Water Act doesn't contain a pre-emptive language which would eventually allow damages to be awarded to those affected as per ABC News.
The plaintiffs believe that the safe Drinking Water Act only gives injunctive relief. It means that the plaintiffs will only get an injunction which would stop the city of Flint from providing contaminated water to its residents. No award will be given to the plaintiffs under the said act.
Additional complaints also stated that the city has actively discriminated its ordinary citizens and showed preferential treatment over certain state employees who were then aware of the problem regarding the city's water quality. Citizens were also expected to pay their monthly water utility bills while being given lead-containing and Legionella-infested water by the city's public officials.
On the other hand, Governor Snyder guaranteed that the water supply of Flint is already safe. He even said that he would drink Flint's water for one month just to prove his claim. The city is under the state of emergency until now.
