Judge approves $25 million water lawsuit settlement in Benton Harbor

BENTON HARBOR, Mich. -- A new development in the Benton Harbor lead saga.

A Michigan federal judge has approved a settlement of around $25 million consent judgement for people who lived in the city of Benton Harbor for two weeks or more between August 2018 and November 2021.

This settlement stems from a lawsuit that was filed against the city of Benton Harbor, which accused city defendants, including mayor Marcus Muhammed, of violating the constitutional rights of residents.

The lawsuit followed from the Benton Harbor water crisis back in 2018. The lawsuit alleges that those city defendants prolonged and/or downplayed the existence of lead levels above state and federal limits, and the defendants encouraged or allowed residents to consume water that had elevated lead levels without them knowing. The city defendants have denied violating residents' constitutional rights, claiming they did take the required action under the safe drinking water act. However, the plaintiffs say the defendants' actions were in violation of the 14th amendment, which is in place to protect individuals’ rights to due process.

Those who qualify don't have to take any action now. If money is ultimately recovered from the city's insurers, the court would later oversee a claims and distribution process for eligible residents.