Kershaw Talley Barlow, PC is pleased to announce a major development in the ongoing class action litigation arising from the Jackson, Mississippi water crisis. This week, the U.S. Court of Appeals for the Fifth Circuit issued an opinion reinstating key constitutional claims on behalf of Jackson residents who were exposed to unsafe drinking water containing dangerous levels of lead and other contaminants.
Our firm, along with co-counsel, represents the proposed class. The lawsuit alleges that systemic failures in Jackson’s water system — combined with years of ignored warnings, inadequate corrosion control, and misinformation from officials — caused widespread contamination that violated residents’ constitutional rights.
What the Fifth Circuit Held
The appellate panel reversed the lower court’s dismissal of the case, concluding that residents had plausibly alleged a violation of their constitutional right to bodily integrity. The Court also took the notable step of recognizing a state-created danger claim under § 1983, a theory of liability the Fifth Circuit had never formally adopted before this opinion.
These rulings are significant for two reasons:
- They reaffirm that government actors can be held accountable when their conduct foreseeably exposes the public to harmful contaminants.
- They allow the central claims against the City of Jackson to move forward, despite the dismissal of claims against individual officials on qualified immunity grounds.
Kershaw Talley Barlow Attorney Jack Davis spearheaded the briefing and legal analysis that led to this important result. Davis has worked extensively on the firm’s large-scale environmental contamination cases, including matters involving water systems in Jackson, Mississippi and Benton Harbor, Michigan.
“This ruling validates what the residents of Jackson have endured,” Davis said. “The allegations describe years of mismanagement and concealment that left families unknowingly drinking contaminated water. We argued that the Constitution protects people against that kind of harm, and the Fifth Circuit agreed. We’re grateful to our entire team and our co-counsel for their collaboration and support.”
Temporary Stay Issued
The appellate court also issued a temporary stay of the mandate, a step that allows the panel and full court to determine whether en banc review should be considered.
Stays of this type are not uncommon after significant opinions and do not change the substance of the panel’s ruling.
Continuing the Fight for Jackson Residents
The Jackson water crisis has caused years of hardship for residents — from boil-water notices to prolonged outages to exposure to unsafe levels of lead. The Fifth Circuit’s ruling represents an important step toward accountability and the opportunity for residents to have their claims heard on the merits.
Kershaw Talley Barlow will continue advocating for the affected community as the case proceeds.
For questions about the litigation or to learn more about our environmental and class action work, call (916) 520-6639 or contact us online.
