Fifth Circuit Revives Constitutional Claims in Jackson, Mississippi Water Crisis Class Action

Kershaw Talley Barlow, PC announces a major appellate victory in the class action arising from the Jackson, Mississippi water crisis.

JACKSON, Miss., Nov. 19, 2025 /PRNewswire/ -- In a published opinion, the U.S. Court of Appeals for the Fifth Circuit reinstated key constitutional claims brought on behalf of Jackson residents exposed to drinking water containing elevated levels of lead and other contaminants.

Kershaw Talley Barlow, together with co-counsel, represents the proposed class. The lawsuit alleges that years of mismanagement, ignored warnings, inadequate corrosion control, and misleading public assurances allowed harmful contaminants to reach residents' homes, violating their constitutional rights.

Appellate Court Reverses Dismissal, Recognizes New §1983 Theory

In a significant ruling, the Fifth Circuit held that plaintiffs had plausibly alleged a violation of their constitutional right to bodily integrity. The Court also recognized a state-created danger claim under 42 U.S.C. § 1983 — a theory of liability the Fifth Circuit had not previously adopted.

The decision allows the central claims against the City of Jackson to proceed, even though the panel upheld dismissal of claims against individual officials on qualified immunity grounds.

The litigation arises from alleged systemic failures in Jackson's drinking water system. According to the operative complaint, residents endured prolonged boil-water notices, service outages, and inadequate corrosion control, and were exposed to water containing unsafe levels of lead and other contaminants. Plaintiffs further allege that warnings were ignored and that city officials did not disclose the risks to the public.

"This ruling is an important step toward accountability," said Jack Davis, the Kershaw Talley Barlow attorney who led the appellate briefing. "The allegations describe years of mismanagement and concealment that left families unknowingly exposed to contaminated water. We argued that the Constitution protects residents against that kind of harm, and the Fifth Circuit agreed. We are proud of the work our team and co-counsel have done to advance this case."

Davis, who works on large-scale environmental and class action matters nationwide, previously spearheaded briefing in other drinking-water contamination actions, including litigation involving Benton Harbor, Michigan.

Procedural Update: Temporary Stay Issued

Following the opinion, the Fifth Circuit issued a temporary stay of the mandate to consider whether the matter should be reviewed en banc. Such stays are not uncommon after significant rulings and do not alter the substance of the panel's decision.

About Kershaw Talley Barlow

Kershaw Talley Barlow is a nationally recognized plaintiffs' firm with a distinguished record in complex litigation, including environmental, consumer, class action, and whistleblower matters. The firm has recovered more than $1 billion on behalf of individuals, communities, and businesses nationwide. To learn more, visit www.KTBLegal.com.

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SOURCE Kershaw Talley Barlow