Judge dismisses lawsuit over deadly Harrisburg dam

Dock Street Dam has claimed over 30 lives since 1913, but court rules against family's claims

Published on Feb. 10, 2026

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A federal judge has dismissed a lawsuit against the city of Harrisburg over the deadly Dock Street Dam, which has claimed over 30 lives since its construction in 1913. The lawsuit was filed by the family of 64-year-old Michael Brook, who died in 2023 after his boat went over the dam. The judge ruled that the family's claims did not meet the federal requirements for a 'state-created danger' under the 14th Amendment.

Why it matters

The Dock Street Dam has long been known as a dangerous 'drowning machine' that has taken numerous lives over the decades. This case highlights the ongoing challenges cities face in addressing aging infrastructure and public safety issues, as well as the limitations of legal recourse for victims' families.

The details

In April 2023, 64-year-old Michael Brook was boating on the Susquehanna River when his engine stalled, causing his boat to float towards the Dock Street Dam. Brook and his friend Elliot Rothell were trapped in the dam's circulating waters, known as a 'drowning machine.' Rothell escaped, but Brook remained trapped and died. Brook's wife, Elizabeth Hibble, and Rothell sued the city of Harrisburg, alleging the dam was out of compliance with state safety laws and constituted a 'state-created danger.' However, the judge ruled the family's claims did not meet federal legal requirements, and dismissed the lawsuit.

  • The Dock Street Dam was built in 1913.
  • Michael Brook died in the dam in April 2023.
  • The lawsuit was filed in April 2024.
  • The judge dismissed the lawsuit in February 2026.

The players

Michael Brook

A 64-year-old man who died after his boat went over the Dock Street Dam in 2023.

Elliot Rothell

Brook's friend who was also in the boat when it went over the dam, but managed to escape.

Elizabeth Hibble

Brook's wife, who sued the city of Harrisburg along with Rothell over his death.

Harrisburg

The city that owns and is responsible for the Dock Street Dam, which has claimed over 30 lives since 1913.

Judge Jennifer Wilson

The federal judge who dismissed the lawsuit against Harrisburg over the Dock Street Dam.

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What they’re saying

“These are understandable concerns. But Plaintiffs invite the court to ignore its judicial duty because of these concerns. This is an invitation the court must emphatically decline.”

— Judge Jennifer Wilson, U.S. District Judge (PennLive)

What’s next

The plaintiffs may choose to appeal the judge's decision or pursue the case in state court, where liability limits may be different.

The takeaway

The dismissal of this lawsuit highlights the legal challenges in holding municipalities accountable for aging and dangerous infrastructure, even in the face of significant loss of life. It underscores the need for proactive safety measures and legislative reform to better protect the public from such hazards.