And in en banc news, the Sixth Circuit will not reconsider its decision permitting a substantive due process claim to proceed against officials responsible for the Flint, Mich. municipal water crisis. Judge Sutton, concurring in denial of rehearing en banc: If officials intentionally poisoned the water this case should proceed. But if officials were merely grossly negligent, the district court should put an end to this litigation. Judge Kethledge, dissenting: All decent people are sympathetic to plaintiffs, but the law is against them. Officials weren’t on notice that there is a right to bodily integrity that can be violated by supplying bad water.
