White Paper

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Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

 

No sovereign immunity for local government entities.

Qualified immunity protects public officials from suit. For qualified immunity to apply, the person must be acting in their role as a public official and must have made a reasonable, albeit mistaken, judgment about an open legal question. This white paper reviews the Guertin v. State of Michigan case and the events surrounding the City of Flint, MI water supply.

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Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

Agenda

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Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

Faculty

Eric L. Klein

Beveridge & Diamond, P.C.

Eric L. Klein is an environmental civil litigator and regulatory counselor in the Washington, D.C. office of Beveridge & Diamond, P.C. He has handled cases in state and federal courts throughout the United States, litigating a variety of complex civil and commercial matters before juries, trial and appellate courts, arbitrators and administrative tribunals. Mr. Klein frequently litigates both statutory and common law claims, and specializes in challenging and defending technical experts in the litigation of complex environmental torts.

Kirstin K. Gruver

Beveridge & Diamond PC

Kirstin K. Gruver is as associate in the Seattle office of Beveridge & Diamond PC. She maintains a diverse environmental litigation and regulatory practice, working with clients nationwide across industrial sectors with a focus on wetlands and water issues. Prior to joining Beveridge & Diamond, Kirstin worked as a deputy prosecuting attorney at the Clark County Prosecutor's office. She also worked as a legal intern with the Department of Transportation, Maritime Administration, and as a summer clerk at Earthjustice.

Kirstin attended law school at the University of Washington School of Law, where she served as an extern at the Attorney General's Office of the University of Washington and as a legal intern at the University of Washington Tribal Defense Clinic. She also acted as the Notes & Comments Editor of the Washington Journal of Environmental Law & Policy. Before attending law school, Kirstin served a year with AmeriCorps working in the Flathead Valley doing watershed conservation and restoration work on the Flathead River, working with local farmers to create and implement restoration plans for their riverbanks. She also led environmental education sessions at her local Boys and Girls Club on the importance of wetlands and sustainable water resources.

Lucy K. Infeld

Beveridge & Diamond PC

Lucy K. Infeld is an associate in the Seattle office of Beveridge & Diamond PC. She works to problem solve in creative ways, utilizing her expertise in water rights, natural resources, and land use issues in Washington state and the western United States. She has worked to develop herself as an environmental regulatory and litigation attorney on nationwide issues, with experience with water rights, CAA, CWA, and TSCA, as well as various Washington state statutes. She has assisted on CERCLA allocations in advocating for clients, working with experts and other attorneys to not only help her clients, but also broaden the overall understanding of a site and work with other parties to achieve a successful remedy.

Prior to joining Beveridge & Diamond, Lucy worked as an associate attorney and a law clerk for the Mentor Law Group in Seattle, WA. She represented clients in water rights adjudication, litigation, and applications to state and federal agencies. She also worked with the State Environmental Policy Act, Washington State Growth Management Act, and Washington state water laws. She also worked as an honors law clerk at the Environmental Protection Agency, where she prepared documents and memoranda for hearings and litigation regarding enforcement actions under the Clean Air Act, and as a law clerk for the Regulatory Environmental Law and Policy Clinic where she petitioned the Washington Forest Practice Board for rulemaking to ensure public health and safety in the aerial application of chemicals.

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Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

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