BENTON HARBOR, Mich. — An appeals court on Wednesday dismissed a Michigan mayor 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 Benton Harbor Mayor Marcus Muhammad has governmental immunity.

“Although we recognize that the response to Benton Harbor’s water crisis was far from 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,” the three-judge panel said.

For three straight years, tests of Benton Harbor’s water system revealed lead levels in water that were too high. Lead can be especially harmful to young children, stunting their development and lowering IQ scores.

The lawsuit accused Muhammad of violating residents' rights to bodily integrity by not doing enough to protect residents. 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.

The situation is different today. Lead pipes have been replaced in the city of 9,000 people, and lead levels in water have not exceeded federal guidelines.

Experts said an aging water system, fewer users and other issues caused lead to leach from pipes in Benton Harbor. Water flows from Lake Michigan to a treatment plant.

The lawsuit will continue against Benton Harbor's former water plant director, the appeals court said.

FAA data analyzed by Newsday shows the number of bird strikes voluntarily reported by airports in New York City and Long Island has increased by 46% between 2009 and 2023. NewsdayTV's Shari Einhorn reports.  Credit: Newsday/File Footage; Photo Credit: AP Photo/Steven Day, Bebeto Matthews; Getty Images

'A different situation at every airport' FAA data analyzed by Newsday shows the number of bird strikes voluntarily reported by airports in New York City and Long Island has increased by 46% between 2009 and 2023. NewsdayTV's Shari Einhorn reports.

FAA data analyzed by Newsday shows the number of bird strikes voluntarily reported by airports in New York City and Long Island has increased by 46% between 2009 and 2023. NewsdayTV's Shari Einhorn reports.  Credit: Newsday/File Footage; Photo Credit: AP Photo/Steven Day, Bebeto Matthews; Getty Images

'A different situation at every airport' FAA data analyzed by Newsday shows the number of bird strikes voluntarily reported by airports in New York City and Long Island has increased by 46% between 2009 and 2023. NewsdayTV's Shari Einhorn reports.

SUBSCRIBE

Unlimited Digital AccessOnly 25¢for 6 months

ACT NOWSALE ENDS SOON | CANCEL ANYTIME