ELR Citation: 55 ELR 20156
No(s). 24-60370 (5th Cir. Nov 17, 2025)

The Fifth Circuit, 2-1, reversed in part and affirmed in part a district court ruling in a lawsuit concerning lead in Jackson, Mississippi's drinking water. Representatives of residents of the city filed a class action, arguing the city knowingly contaminated drinking water with lead and then encouraged residents to drink the water, in violation of their due process rights to bodily autonomy and to be free from state-created danger. The district court held plaintiffs failed to state a claim against the city and that city officials were entitled to qualified immunity. The appellate court found that the alleged conduct—knowingly distributing toxic water and misrepresenting its safety—was "so severe and depraved that it plausibly state[d] a violation of [p]laintiffs' constitutional rights" and that the suit may proceed against the city, but that the city officials were protected by qualified immunity because the right was not clearly established in this context. It reversed dismissal of the claims against the city, affirmed dismissal of the claims against the city officials, and remanded.