Post by Logan on Apr 7, 2016 7:09:07 GMT -6
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.
Read more: www.detroitnews.com/story/news/michigan/flint-water-crisis/2016/04/06/flint-water-lawsuit/82722284/
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.
Read more: www.detroitnews.com/story/news/michigan/flint-water-crisis/2016/04/06/flint-water-lawsuit/82722284/