Attorney Robert Gibbs issued the following statement.
Jackson, Mississippi residents represented by Lieff Cabraser Heimann
& Bernstein, LLP, the Law Office of Larry D. Moffett, PLLC, Kershaw
Talley Barlow, P.C., and Gibbs Travis PLLC filed the first federal class
action lawsuit seeking injunctive relief and monetary damages against
various government and private engineering defendants over the neglect,
mismanagement, and maintenance failures that led to an environmental
catastrophe leaving over 153,000 Jackson-area residents without access
to safe running water. The Complaint in the case was filed in the Southern District of Mississippi.
“We are striving to secure clean, safe water for the Jackson community – a community that has been suffering with contaminated water for years,” stated Gibbs Travis partner Robert Gibbs, who represents the Plaintiffs in the suit. “This is a righteous fight, and one we intend to win.”
“All families are entitled to clean and safe drinking water,” said Lieff Cabraser partner Mark P. Chalos, who also represents the Plaintiffs in the case. “Government officials turning a blind eye to contaminated water and letting a major American city’s infrastructure crumble into disrepair is neither representing nor caring for its people. This lawsuit seeks to bring justice – and safe, clean water – to the Jackson community.”
As described in the Complaint, the City of Jackson’s water supply has been neglected for decades, culminating in a complete shutdown in August 2022 that left over 153,000 residents, 82% of whom are Black, without access to running water. These residents lacked safe drinking water, or water for making powdered baby formula, cooking, showering, or laundry. During the long period where the city had no water pressure—and was unable to facilitate the flow of water—residents of Jackson could not flush their toilets for days at a time.
“We’re suffering because of the lack of leadership and planning by government officials and others. Access to clean water is a basic human right, and government officials must be held accountable for their misconduct,” said Raine Becker, who is one of the named plaintiffs in the class action. “The purpose of the lawsuit is to force them to fix the water mess, care for our community that has been put in danger, and put the right systems in place so that this never happens again.”
The Complaint goes on to note that even before the water system failed, Jackson’s water supply was not fit for human consumption due to the high levels of lead and other contaminants, in violation of the plaintiffs’ constitutional rights, the federal Safe Drinking Water Act, and the Environmental Protection Agency’s Lead and Copper Rule (LCR). This environmental justice and public health crisis, decades in the making, was wholly foreseeable by Defendants’ actions and negligence, and left residents in an untenable position – lacking access to clean, safe water in 2022 in a major American city and state capital.
The Complaint further states that Plaintiffs were poisoned by lead and
other contaminants released into Jackson’s drinking water as a result of
Defendants’ conscience-shocking deliberate indifference. Plaintiffs
assert claims for personal injuries based on Defendants’ deprivation of
Plaintiffs’ rights to bodily integrity protected by the Due Process
Clause of the Fourteenth Amendment to the United States Constitution.
Additionally, Plaintiffs assert claims against Trilogy Engineering
Services LLC, Siemens Corporation, and Siemens Industry, Inc, for
professional and simple negligence in exacerbating the catastrophic,
preventable, and ongoing public health crisis.
As one historical data point referenced in the Complaint makes clear, on or about June 23 and 24, 2015, officials from the Mississippi State Department of Health (MSDH) performed water testing in Jackson required by the Safe Drinking Water Act. The MSDH found that levels of lead in Jackson’s drinking water exceeded the EPA LCR’s 15 ppb action threshold in 22% of Jackson homes, according to the sampling. By comparison, this was a larger proportion of homes with lead in excess of the LCR’s 15 ppb threshold than found in Flint, Michigan at about that time (16.7%).
In a May 12, 2021 notice, the City of Jackson admitted to its water users that “[d]uring the monitoring periods of 2018, 2019, 2020, and 2021, we failed to consistently meet treatment technique requirements for our system which is a violation of the Lead and Copper Rule and a requirement of the City’s Optimized Corrosion Control Plan.” From June 21, 2015, to May 28, 2021, Jackson sampled its water for lead 1,352 times. According to records examined by the Clarion Ledger, of those samples 66% contained lead.
“It’s hard to think of a more basic public service than provision of clean, usable water,” notes Lieff Cabraser partner Tiseme Zegeye, who also represents the Plaintiffs in the case. “We are honored to represent the Jackson Plaintiffs who are seeking justice for their families and their communities by holding wrongdoers accountable for this colossal and life-threatening failure of the public works in Jackson.”
The lawsuit seeks immediate injunctive relief, including the removal and remediation of lead pipes and fixtures, an adequate water supply delivered to each home until the water supply is safe for consumption, and an injunction entered to stop all Jackson residents from paying for the contaminated water, as well as compensatory, punitive, exemplary damages.
49 comments:
My first reaction was “that was quick” but if the problem has existed for decades why is the suit just now being filed? Perhaps $$$ in attorneys pockets?
Where would the money come from if the plaintiffs prevail? The few remaining taxpaying citizens live in NE Jackson, many of whom voted for Chowke. Do y'all have voter's remorse yet suckers?
I hope the court awards the victims $100 billion in damages which bankrupts the city. This will allow the Governor to appoint competent and qualified leadership that will not require votes from the racist voters of the city.
I bet these competent appointees will turn things around with the same speed as the competent people who got OB Curtis back online and running better than it has in over a decade!
If the right law firms are involved, that is, friends of the mayor, the city will settle for a few million and a promise to straighten up and the lawyers will get paid...which is what it's all about. Easy money.
Can't get blood from a turnip
Imagine being the piece of shit trying to profit off this crisis.
Here come the lawyers, like flies on poop
Some attorneys apparently don't do their homework.
If this guy tested lead " in homes", then it begs the question if there are lead pipes in the homes.
And, if that's the case, to find out who prevented the funds to get rid of lead pipes in dwellings requires looking elsewhere.
I also wonder why it is that dwelling owners did not know about the lead?
In this case, everyone seems to miss that " one size" doesn't "fit all" when it comes to water from your tap.
The age of your neighborhood, the construction and maintenance of your dwelling, and whether or not it's a rental property, matters.
The only person who will make money in this suit is the lawyer...free publicity if his fee is contingent. But, Lordy, those he's representing better have good reading comprehension skills.
Decades of neglect? Where have we heard that one before.
It’s interesting they are using the mayor’s excuses while personally suing him. And ol’ Tony, too.
I'm not a fan of trial lawyers or Jackson mayors but citizens of Jackson have often received Lumumba's circuitously obfuscating letters about water not fit for pregnant women and young children, containing a proviso that some homes have lead solder in their water pipes, this latter an obvious attempt to deflect blame for lead content back onto homeowners.
This suit will be slow to play out, maybe even slower than Flint, MI law suits. Are Jackson public officials insured for performance?
about time
There are no lead pipes anywhere. Old fixtures might have some lead contamination but it won't be from the municipal water supply. Always let water run for a few seconds before capturing some to drink. This is old knowledge.
Two out of state firms, a local environmental law guy, and a racist firm that doesn’t hire white people for jury appeal. Lol.
What are the going to pay you with if you win? Empty buidings?
The city couldn’t even agree on how to pay for chemicals used at the water plant!
Trilogy Engineering Services LLC is a minority-owned, woman-owned engineering firm founded by Thessalonian LeBlanc, MBA with its primary business locations in Houston, TX and Jackson, MS. The organization was originally founded in 2015 to provide engineering and professional services to municipal, private, and industrial clients in Mississippi, Louisiana, Alabama, Texas, Arkansas, Tennessee, and Georgia. In 2016, Harold Underwood, Jr. joined the firm to bring additional expertise in environmental services and to heighten the organization’s business development presence.
T
There is a $500,000 cap on claims against governmental entities, like the City of Jackson. Further puntive damages cannot be recovered against a governmental entity.
I wonder twhether the notice requirements under the MTCA were met.
Well, it only too two sentences to mention race in the complaint. I stopped reading there. I wonder if it will mention race when they discuss the incompetent mayors that got us here in the first place? Probably not but the lawyers sure don't mind preying on the black citizens that will have to help pay the bill if they win the lawsuit. The color of green knows no race.
Ya'll need to read a little about the Flint case before commenting. That lawsuit also lead to criminal indictments. If ever there were a time for the DOJ to jump in, it's now. I'm no fan of trial lawyers but I'll cheer them on as they rake the City over the coals in federal court. Discovery ought to be a minefield!
Maybe they ought to sue the tort lawyers for decades of neglect in not suing the city earlier.
There is zero chance the federal court is going to certify a personal injury, money damages class. This is mainly for publicity.
For all the "lawyers are scum" posters here, there are good lawsuits and bad lawsuits. This lawsuit I would throw into the "good" category.
Like it or not, the water system HAS been an issue for years, and the City "leaders" have done nothing about it. If the right type of pressure is exerted against the City of Jackson, perhaps something more will be done to fix the problem. Nothing else has seemed to work, so might as well try a class action lawsuit. After all, the definition of insanity is doing the same thing over and over and expecting different results. This being the first (to my knowledge) class action suit against the City, hopefully this will bear some fruit (not just for the litigants and their lawyers) for the citizens of Jackson.
Now, everyone who hates lawyers and litigation can pile on. I don't give a rats @$$!
1:56 Indictments if any will of course wait until after EPA investigation, now ongoing.
Alright, quit drag assing around. Where's my lawyers arguing for and those arguing against.
This is a Jackson Jambalaya board, we have the best lawyers in the business posting on this board, and none of them are ever wrong.
I just read the entire 100+ page complaint. It’s way worse than we’ve been lead to believe. I did not know that a similar complaint was filed in 2021. I opened the link to the 85 page complaint and chose to finish the instant complaint. 2 takeaways: 1. Chokwe the Elder sought to do the right thing, then he died. 2. Our water may meet some minimal requirements but there’s no way it’s truly safe or reliable. It’s bad.
So did Siemens ever have anything to do with the drinkability of the water, or did they just supply meters that were faulty? I wonder what the terms of the $90mil settlement were as it pertains to actions against them after the fact? Also, will we get to the bottom of the $30mil siphoned off the top for Chokwe's buddys in the case? Why aren't we suing Marcus Wallace in this if we are suing Siemens? He was the DBE contractor on the job that installed the meters.
$175 million in lost water revenue thanks to the Siemens fiasco. Let that sink in.
Former Judge Robert Gibbs is a good guy. His wife, Debra, is running for Hinds County Circuit Judge. Interesting politics here.
I lived in Jackson for 28 years!
Drank the water out of the faucet!
I'm full of Lead!
Can I get some bling, bling too?
My dad is always saying to me GET the LEAD OUT!
I have wondered if Jackson has a larger number of Parkinson’s diagnosis than other cities with the same population.
@ 12:45 - "There are no lead pipes anywhere."
Don't count on it. When I was doing water & sewer work we sometimes discovered actual lead water pipes bringing tap water to old but occupied buildings.
@4:27
Both my parents grew up drinking Jackson water for 70 years. Dad passed away in 2021 from dementia and mom passed away in 2022 from Parkinson’s. Could be a coincidence or maybe not.
Can hardly wait for the One Call, Heavy Hitter vulture ads to fill the airways. Likely won't be as profitable as the Camp Lajune shake down.
Chances of the assigned judge certifying a class after just taking the bench? Slim...
4:15, $175 million in lost revenue, I let that sink in. I quickly realized that is a fictional number to get people’s attention. Apparently it worked. Now, let’s see that number proven in court.
For you lawyers out there, if the City lost $175 million from the Siemens fiasco (or any number), then wouldn’t that be an issue for the City and it’s wink wink Siemens settlement? How do these plaintiffs have standing to raise that issue?
"Where would the money come from if the plaintiffs prevail? The few remaining taxpaying citizens live in NE Jackson, many of whom voted for Chowke. Do y'all have voter's remorse yet suckers?"
Many? May want to check the numbers again bub. Hard to say that "many" people in any part of Jackson voted for Chokwe the last round with the turnout so low. Fact is there are no compelling candidates. Yet.
Now that the knee-jerk lawyer-haters have had their say, I look forward to hearing from some people who actually have some understanding. To the former: If you enjoy driving cars that don’t explode on minor rear-end impacts, you can thank class-action plaintiffs’ attorneys.
They should also sue Harvey Johnson.
Harv is happy now, he is no longer the worse mayor in recent memory.
Everyone hates lawyers...until they need one.
For me, one of the most darkly hilarious/ironic parts of working in a plaintiff firm occurs when we have a white client (usually from Madison or Rankin) who has been seriously injured in an accident. They are justifiably enraged when we have to tell them we can only collect so much money, even if their case goes to trial, because of tort reform and the cap on pain and suffering damages. They are always indignant - "I was severely injured - why am I not entitled to more money?" Our response - "Call the Republicans you've been voting for the past couple of decades and complaint to them about damages caps."
I read the complete complaint.
Based upon stuff that Kingfish posted, the $175 million number seems high, but the correct number is not insignificant.
It details a long sordid history since around 2010 that the city knew things were seriously wrong with the water and yet did nothing. Basically, Lumumba Sr. learned things were not right and he budgeted money for a fix. He died and Yarber came in and moved that money somewhere else and ignored the problem. Lumumba Jr. came in and also did nothing. EPA kept telling Lumumba Jr that there were serious problems, but he did nothing meaningful.
There are more details (low pH [leaches lead from the joints] versus high
pH [protects against leaching]) on the city's incompetence, but that is the jist of it.
11:36 - I didn't see "decades".
11:47 - I really get tired of the "uneducated referring to "voters remorse"!!! They have no options Bucky! And don't even respond. I know what you're going to say.
12:13 - The "dwelling owners" (HA!!!) We're kept in the dark for several years.
"There is a $500,000 cap on claims against governmental entities, like the City of Jackson. Further punitive damages cannot be recovered against a governmental entity."
What about Federal relief? or Injunctions? Is there no one in charge anymore?
It's a 1983/14th Amendment claim in order obtain federal jurisdiction and use Federal Rule 23 since Mississippi does not allow state class actions.
Lawyers who issue press releases when they file a lawsuit are more interested in themselves than their clients. I am surprised former judge Gibbs would resort to such grandstanding.
10:28, not exactly.. a class action lawsuit against the City of Jackson and it’s shitty Mayor after National press has beat this story to death about incompetence and you thought this was the type of suit to keep quiet about, not sure about that.
Would love to know how many lawsuits that Robert Gibbs is either currently representing the city of Jackson or representatives of the City of Jackson or previously represented the city or representatives? For current cases where Gibbs is the lawyer for the city or for council members, will his money grubbing ass be fired?
12:28, Generally speaking, an attorney can’t sue a current or former client unless that client waives the conflict.
If the court orders Jackson to replace all lead pipes, how will Jackson pay for it?
@ 12:45 - "There are no lead pipes anywhere."
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