Boler v. Earley; Mays v. Snyder

Before 2014, Flint, Michigan, bought drinking water from Lake Huron via the Detroit Water and Sewerage Department (DWSD). When its contract with DWSD ended, Flint decided to join a new water authority that would take several years to build. Meanwhile, Flint sourced water from the Flint River, even though the water did not meet drinking-water safety standards. Residents immediately complained about the smell, appearance, and taste of the water. Testing detected bacteria, and the water was linked to disease. In 2015, Flint advised residents to pre-flush taps or avoid drinking the water, and the Environmental Protection Agency (EPA) warned that the water had high lead levels. In October 2015, the county declared a public health emergency and advised residents not to drink the water. The city’s emergency manager ordered reconnection to DWSD, but the river water had corroded the city’s supply pipes such that elevated lead levels would continue until the protective coating built back up. Meanwhile, the city continued billing and collection efforts, including disconnecting service and issuing liens against property for unpaid bills. A Michigan Civil Rights Commission concluded that the Flint water crisis resulted from systemic racism and public policy that adversely affected a primarily minority community. Beatrice Boler and Melisa Mays (plaintiffs) brought separate class actions against local and state officials under 42 U.S.C. § 1983 alleging multiple constitutional violations. The district court dismissed the cases on the ground that the Safe Drinking Water Act (SDWA) precluded § 1983 claims. Boler and Mays appealed. The Sixth Circuit consolidated and decided the appeals together.