ELR Citation: 48 ELR 20014
No(s). 335555 (Mich. Ct. App. Jan 25, 2018)

The Michigan Court of Appeals held that a class action case involving the Flint water crisis can proceed. Citizens of Flint formed a class and sued Michigan officials for their "deliberate" decision to expose them to toxic water from the Flint River. The citizens alleged that their due process right to bodily integrity was violated by the decision, among other things. In October 2016, a state trial court allowed the class action to proceed. The state moved to dismiss the case, arguing the citizens failed to satisfy the statutory notice requirements as the statute of limitations had expired, and that the citizens failed to allege facts to establish a constitutional violation. The court disagreed, holding that all actions on all claims had not been completed, so the statute of limitations on the claims could not have expired. Further, the citizens alleged facts to establish a constitutional violation and could proceed on that count.