Flint water lawsuits being allowed to go to trial

DETROIT — The U.S. 6th Circuit Court of Appeals on Friday reversed a federal judge’s decision to dismiss two lawsuits filed by Flint residents over the contamination of their drinking water, saying parts of the lawsuits can proceed to trial.

It’s a victory for Flint activist Melissa Mays and other plaintiffs.

A three-judge panel unanimously reversed parts of orders issued by U.S. District Judge John Corbett O’Meara of Ann Arbor, who had dismissed the lawsuits.

“It’s really a very important decision,” said Royal Oak attorney Michael Pitt, who represents Mays and other plaintiffs in one of the two lawsuits.

“It’s a good day for the people of Flint.”

There was no immediate word on whether the state would appeal the ruling.

It wasn’t a total victory for the plaintiffs. The appellate court dismissed allegations against the State of Michigan and state agencies, saying they enjoy sovereign immunity from such lawsuits. And Gov. Rick Snyder was dismissed as a defendant in one of the two lawsuits.

In one lawsuit, Flint residents Beatrice Boler, Pastor Edwin Anderson and Alline Anderson, as well as EPC Sales, a Flint business, sued former Flint emergency managers Darnell Earley and Gerald Ambrose, former Mayor Dayne Walling, Snyder, the State of Michigan, the Department of Environmental Quality and the Department of Health and Human Services.

In the other lawsuit, a proposed class-action, Mays sued on behalf of herself and her three children, along with Flint residents Keith John Pemberton, Elnora Carthan and Rhonda Kelso. They named as defendants Snyder, the State of Michigan, Earley, Ambrose and former emergency manager Ed Kurtz; Walling, the City of Flint; and several current and former state, city and county officials.