FORT MYERS, Fla. — The sludge is cleaned up in the Dunbar community, but neighbors say their health concerns were dismissed right along with a federal judge’s ruling this week.
Homeowner James Muwalkkil joined the federal lawsuit against the city of Fort Myers hoping to get justice for the cancer he believes was caused by sludge dumped in his neighborhood in the 1960’s.
“I have had cancer. I played in that sludge as a kid,” he said.
As the local leader of the NAACP, he said it’s a problem common to many black communities.
“Race is the number one indicator where toxic chemicals are dumped,” he said.
The city got rid of it in June after the Florida Department of Environmental Protection said it was not toxic. But Muwalkkil asked why remove it if it’s not toxic?
He said Judge Sheri Chappell’s dismissal came as no surprise to the plaintiffs. But a reminder that his health is not a priority to people with authority.
Attorney Scot Goldberg who represents civil rights cases said although expected, the judge’s decision is another blow to the Dunbar neighborhood.
“It’s just somewhat disappointing that so many of our African American community are without any recourse,” he said.
He added the plaintiffs in this case can file a state claim, but the chances of getting an attorney to represent them are slim.
“In state court, if you’re going to be making a claim against a governmental entity, what’s going to happen is they’re going to have something that’s called sovereign immunity. And what sovereign immunity does is it caps the damages at $200,000,” he said.
He said that could be a problem if medical fees exceed that amount. He also said attorneys would only get 25% of the settlement rather than 40. But Muwalkkil said he’s not giving up that easy.
“What I’m going to do for my family is file a federal civil rights complaint,” he said.
Fox 4 reached out to the City of Fort Myers for a response to the judge’s decision and have not heard back.
