Home

Welcome to the Benton Harbor Water Settlement Website

If you resided in the City of Benton Harbor for a period of two weeks or more from August 2018 through November 2021, then you may be part of a Settlement Class.

What is this lawsuit about?

This class action settlement arises out of a lawsuit, Braziel, et al. v. City of Benton Harbor, et al., No. 1:21-cv-00960-HYJ-PJG, brought by various members of the Benton Harbor community against the City of Benton Harbor, Michael O’Malley, Ellis Mitchell, and Marcus Muhammad (“City Defendants”) alleging that City Defendants violated residents’ constitutional rights by causing, prolonging, and downplaying the existence of lead levels above state and federal limits, and encouraging or allowing residents to consume water with elevated lead levels without their consent. City Defendants deny that they violated residents’ constitutional rights and contend instead that they took required action under the Safe Drinking Water Act. The plaintiffs contend that City Defendants’ actions violated the Fourteenth Amendment of the U.S. Constitution, which protects individuals’ right to due process, including the right to bodily integrity and autonomy. A violation of a person’s due process right to bodily integrity is only actionable under 42 U.S.C. § 1983 if the conduct shocks the conscience and no countervailing government purpose justified the Defendants’ conduct. If the conduct is determined to be actionable, a jury can assess damages depending on the harm that plaintiffs incurred and Defendants’ state of mind. If the jury finds that plaintiffs incurred no cognizable or dignitary harm, the defendant owes $0.

The resulting settlement assigns the City’s right to claims it has under or against the City’s insurance, and provides that any funds collected from the City’s Insurance in satisfaction of the $25 million Consent Judgment will establish a Settlement Fund to pay cash payments to members of the Class and Plaintiffs in the Mitchell action, notice and administrative costs related to the settlement, plaintiffs’ attorneys’ fees and expenses, and any service awards for the Class Representatives. The insurance declaratory action is currently being litigated in the United States District Court for the Western District of Michigan: City of Benton Harbor v. The Travelers Indemnity Company of Connecticut et al., No. 1:25-cv-00861-HYJ-PJG (W.D. Mich.).

There are no cash payments available at this time. There will only be money available if Plaintiffs are successful in winning money from the City’s insurance.

Who is included?

The Class includes all individuals who resided in the City of Benton Harbor for a period of two weeks or more from August 2018 through November 2021 and who are not Plaintiffs in the lawsuit Mitchell et al. v. City of Benton Harbor et al., No. 1:22-cv-0475. HYJ-PJG (W.D. Mich.) (“Mitchell Action”).

An official map of the City of Benton Harbor is available at the following link:

https://www.berriencounty.org/DocumentCenter/View/5300/Benton-Harbor (https://perma.cc/7PMK-SSKW)

You can also download directly in PDF format or HTML format.