Foley & Mansfield Obtains Complete Dismissal in Flint Water Lawsuit

On April 1, 2019, attorneys Gregory M. Meihn and Matthew T. Wise obtained complete dismissal of a class action lawsuit filed against its client, a governmental entity, on a Rule 12(b)(6) motion in the Flint, Michigan polluted water case.Class Plaintiffs sued 24 governmental entities, individuals, and businesses, alleging the following claims:

• 42 U.S.C. §1983 – Substantive Due Process – State-Created Danger;
• 42 U.S.C. §1983 – Substantive Due Process – Bodily Integrity;
• 42 U.S.C. §1983 – Equal Protection of the Law – Race-Based;
• 42 U.S.C. §1982 – Equal Protection of the Law – Wealth-Based;
• 42 U.S.C. §1985(3) – Invidious Racial Animus;
• MCL 37.2302 – Violation of the Public Services Provision of the Michigan ELCRA

Meihn and Wise were able to segregate its client from all of the other 24 defendants.The dismissal was a hard won battle, with the U.S. District Judge granting dismissal of Foley & Mansfield’s client after allowing the Plaintiffs to file a fourth amended complaint.