They do this on ADA cases too lodged against Michigan State actors which is why
the State of Michigan and its subdivisions gets away with violating our civil
rights daily, even at our own ADA celebration held on state capitol grounds
with state police putting up barriers, literally to PWD!
It's an outragious miscarriage of justice!
State claims immunity in Flint class action lawsuit Jonathan Oosting, Detroit
News Lansing Bureau Lansing ' Attorneys for the state and Gov. Rick Snyder
are asking a judge to dismiss one of several class action lawsuits filed on
behalf of Flint residents over the city's ongoing water contamination crisis,
claiming immunity in federal court. A motion filed Monday with U.S. District
Judge John Corbett O'Meara argues the federal court does not have jurisdiction
to hear the case and that plaintiff claims against Snyder are 'not viable. The
state has immunity under the 11th Amendment to the U.S. Constitution and
'has not waived' that right, according to the motion. The filing also claims
the state is also not a 'person' capable of being sued under the section of
law cited by plaintiffs. Michael Pitt, an attorney for Flint families trying to
sue over the Flint water crisis, criticized the state for invoking what
he called 'affirmative defenses' it could have chosen to waive. 'They're going
to lose on these motions anyway,' he said. 'There are meaningful exceptions
(to immunity) that apply to this situation, and their willingness to try to
deprive people of their day in court is really breathtaking. The suit, filed
in November, seeks 'declaratory relief' for families harmed by the Flint water
crisis. The motion for dismissal was filed by assistant attorney generals
with Attorney General Bill Schuette's office and outside counsel Snyder has
hired with taxpayer funds. The motion accuses plaintiffs of suing Snyder in
his official capacity in an attempt to 'circumvent' state immunity under the
11th Amendment, which generally limits private claims against states in federal
court. 'Although Plaintiffs purport to be suing the Governor for prospective
relief only, their complaint actually seeks restitution,' says the motion.
'There is no allegation of an ongoing violation of federal law, which is
required for relief to be prospective. Pitt disputed that argument, saying the
state's 'completely inadequate' response to the Flint crisis is 'proof
positive' of an ongoing violation. 'Our clients are entitled to have fair and
reasonable
compensation for the harm that was created,' Pitt said. More than 4,000 Flint
families have contacted Pitt and his colleagues about joining the case,
according
to the legal team. Theirs is one of several water crisis-related lawsuits filed
in county, state and federal courts. A racketeering suit filed Wednesday
in U.S. District Court accused Snyder and other state officials of hatching a
'wrongful scheme' that led to lead contamination of Flint's drinking water.
joosting@xxxxxxxxxxxxxxx (517)371-3662 twitter.com/jonathanoosting
This article is provided to you as a courtesy of NFB
