Residents sued the city of Jackson, Mississippi alleging Jackson violated their rights by allowing lead to leach into the drinking water and then, knowing of the likely contamination, telling residents the water was safe to drink. A majority of the fifteen active-status judges on the US Court of Appeals for the Fifth Circuit held that the residents could not recover under federal law even if they could prove these allegations.

Refusal to Expand Constitutional Rights
The majority determined the residents were asking the Court to “create novel theories of constitutional liability” and to recognize “two new constitutional rights.” Noting that the Supreme Court of the United States has cautioned against finding new constitutional rights, the 5th Circuit held that the right to due process did not include “the right to be free from exposure to contaminated water and the right to accurate information from public officials.”

Moreover, the ongoing efforts of the federal government and the State of Mississippi to improve Jackson’s drinking water quality “are the proper course for rectifying the lead contamination.”

Dissent Says Residents Not Asking for New Rights
Five of the judges dissented, arguing that the residents were not asking for a new right. Rather, they were asking the 5th Circuit to recognize the “state-created danger doctrine,” which ten other circuit courts have recognized. If the residents can prove they suffered injuries due to government action that knowingly placed them in danger, the dissent would allow recovery under federal law.

To see the Majority and the Dissenting Opinions https://www.ca5.uscourts.gov/opinions/pub/24/24-60370-CV1.pdf