A federal appeals court has ruled that residents of Jackson, Mississippi, cannot sue city officials under the U.S. Constitution over lead in their drinking water, or over statements telling them the water was safe. The full Fifth Circuit issued the decision on Sept. 4, affirming dismissal of the residents' civil rights claims by a vote of 10 to 5.
The ruling in Sterling v. City of Jackson does not say the residents were unharmed. It says the harm they described is not the kind the Constitution provides a remedy for. Writing for the majority, Judge Kurt Engelhardt concluded the plaintiffs sought two rights with no foundation in the nation's history and tradition: a right not to be exposed to officially contaminated water, and a right to accurate information from officials about contaminants in municipal drinking water. The Constitution does not provide redress for every governmental wrongdoing, he wrote.
