An appeals court on Wednesday dismissed Benton Harbor Mayor Marcus Muhammad from a lawsuit that accuses local officials of mismanaging problems with lead-contaminated water.
The court reversed a decision by a federal judge and said Muhammad has governmental immunity. The three-judge panel wrote that although the response to lead in the water in Benton Harbor wasn’t perfect, “the complaint does not provide any statement or action by Muhammad that would indicate that he had acted with deliberate indifference in causing or dealing with the crisis.”
For three straight years, tests of Benton Harbor’s water system revealed lead levels in water that were too high. The lawsuit accused Muhammad of violating residents’ rights to bodily integrity by not doing enough to protect them.
In 2021, the U.S. Environmental Protection Agency said the city for more than a year had failed to warn residents and the local health department about lead. It ordered changes at the water plant. However, the situation is different today as lead pipes have been replaced in the city after a concerted effort between the city, state, and federal government.
Lead levels in Benton Harbor water have not exceeded federal guidelines in recent tests.
Meanwhile, the appeals court says the lawsuit will continue against Benton Harbor’s former water plant director.
Note: The Associated Press contributed to this report.
