e-Journal Summary

e-Journal Number : 84155
Opinion Date : 08/12/2025
e-Journal Date : 08/14/2025
Court : U.S. Court of Appeals Sixth Circuit
Case Name : Mitchell v. City of Benton Harbor, MI
Practice Area(s) : Civil Rights Constitutional Law
Judge(s) : Concurring in denial of rehearing en banc – Moore; Dissent – Larsen, Kethledge, Thapar, Bush, Nalbandian, Readler, and Murphy; Separate dissent – Readler and Bush
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Issues:

Substantive due-process & state-created-danger claims under 42 USC § 1983 for lead-contaminated drinking water; Whether plaintiffs stated a claim for violation of “bodily integrity” under the Fourteenth Amendment against defendants-city & state officials; Guertin v Michigan; Whether the right to bodily integrity was “clearly established” for purposes of qualified immunity; In re Flint Water Cases; Claim against defendant-city under Monell v Department of Soc Servs; Supplemental jurisdiction over state-law claims

Summary

[This appeal was from the WD-MI.] On petition for a rehearing en banc, the original panel reviewed the petition and concluded that the issues raised were fully considered in the original submission and decision (see eJournal # 83630 in the 5/7/25 edition). The petition was then circulated to the full court. Less than a majority voted in favor of rehearing. Thus, the petition was denied.

Full PDF Opinion