{"id":178004,"date":"2019-04-03T18:52:00","date_gmt":"2019-04-03T23:52:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2019\/04\/03\/shocks-the-conscience\/"},"modified":"2019-04-03T18:52:00","modified_gmt":"2019-04-03T23:52:00","slug":"shocks-the-conscience","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2019\/04\/03\/shocks-the-conscience\/","title":{"rendered":"Shocks the Conscience*"},"content":{"rendered":"<p>A judge has <a href=\"https:\/\/www.detroitnews.com\/story\/news\/michigan\/flint-water-crisis\/2019\/04\/01\/federal-judge-flint-suit-against-snyder-can-advance\/3332102002\/\">reinstated Michigan Governor Snyder as a defendant te Flint water lawsuit<\/a>, and it appears that said judge is unamused:<\/p>\n<blockquote><p><span style=\"color: blue;\">A federal judge on Monday allowed a major class-action lawsuit over the Flint water contamination crisis to move forward and reinstated claims against former Gov. Rick Snyder.<\/p>\n<p>The decision by U.S. District Court Judge Judith Levy authorizes new evidence in the case that plaintiff attorneys argue shows Snyder was aware of significant risks posed by Flint River water as early as April 2015 but did not inform residents until five months later, when the crisis could no longer be denied.<\/p>\n<p>Levy had dropped Snyder from the case in the fall 2018. But new allegations, if proven true, would show Snyder was \u201cdeliberately indifferent\u201d and showed \u201ccallous disregard\u201d for the health and safety of Flint residents, she wrote in a 128-page decision reinstating Snyder as a defendant and addressing other claims.<\/p>\n<p>The consolidated class-action lawsuit was filed on behalf of Flint residents claiming personal injury and\/or property damage as a result of the city&#8217;s water contamination crisis, including those exposed to lead and at least one person who died due to possible Legionnaires\u2019 disease.<\/p>\n<p>\u2026\u2026\u2026<\/p>\n<p>Levy on Monday also rejected motions to dismiss \u201cbodily integrity\u201d claims against former Michigan Treasurer Andy Dillon, several other state officials and former Flint emergency managers Darnell Earley and Gerald Ambrose.<br \/>\u2026\u2026\u2026<\/p>\n<p>The amended complaint allowed under Monday\u2019s decision alleges that Snyder did not do enough to intervene in the lead contamination crisis or warn the public about outbreaks of deadly Legionnaire\u2019s disease.<\/p>\n<p>\u2026\u2026\u2026<\/p>\n<p>The complaint targets the former governor for alleged \u201cinjuries he caused to plaintiffs resulting from his deliberately indifferent deprivation of plaintiffs\u2019 constitutional and civil rights.\u201d<\/p>\n<p>In her decision, Levy called the plaintiffs&#8217; claims against Snyder \u201cplausible\u201d and worthy of additional consideration in court.<\/p>\n<p>\u2026\u2026\u2026<\/p>\n<p>Furthermore, Levy said, plaintiffs \u201cplausibly state\u201d that Snyder showed a \u201ccallous disregard\u201d for the plaintiffs right to bodily integrity. Viewed as a whole, <b><span style=\"font-size: 100%; font-variant: small-caps;\">the allegations plausibly describe \u2018conscience shocking\u2019 conduct<\/span><\/b>,\u201d she wrote.<\/p>\n<p>\u2026\u2026\u2026<\/p>\n<p>The class includes about 25,000 individuals but could grow if plaintiffs&#8217; attorneys and the state reach a settlement in the case, Pitt said.<\/span><\/p><\/blockquote>\n<p>There is a possibility that with that many clients, that Rick Snyder will exhaust his whole fortune in lawyers and penalties.<\/p>\n<p>I hope that this rat-f%$# has his own Eddie Ray Valentine moment.<\/p>\n<p><sup>*<\/sup><span style=\"font-size: xx-small;\">Yes this is <a href=\"https:\/\/en.wikipedia.org\/wiki\/Shocks_the_conscience\">actually a legal term<\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A judge has reinstated Michigan Governor Snyder as a defendant te Flint water lawsuit, and it appears that said judge is unamused: A federal judge on Monday allowed a major class-action lawsuit over the Flint water contamination crisis to move forward and reinstated claims against former Gov. Rick Snyder. The decision by U.S. District Court &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[368,484,364,407,486],"class_list":["post-178004","post","type-post","status-publish","format-standard","hentry","tag-corruption","tag-environment","tag-evil","tag-justice","tag-schadenfreude"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/178004"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=178004"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/178004\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=178004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=178004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=178004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}