An Indiana judge is considering whether to block removal of a more than 100-year-old low-head dam in Silver Creek in Southern Indiana.(Aprile Rickert )Amanda Malott says it was the city’s negligence that led to her 14-year-old son’s death at Silver Creek on Memorial Day.Andre “AJ” Edwards Jr. was at the Southern Indiana creek with friends on Memorial Day when he jumped from a low-head dam into the water and never resurfaced.State and federal agencies have issued warnings about the potential dangers of low-head dams. In some language, they’re refer to as “drowning machines” due to their ability to trap even strong, experienced swimmers and boaters in the recirculating current below them.In the complaint filed in federal court in September, Malott’s legal team argued that the city was negligent by preventing removal of the dam while promoting recreation at the site without any warnings posted of potential dangers, and without having any kind of barrier to the dam. They also say the city violated Edwards’ rights.The future of the Providence Mill Dam, also known as the Glenwood Park Dam and other names, has been uncertain for several years, as the city’s administration has continued to fight removal. River Heritage Conservancy wants to remove the dam for safety as part of plans for Origin Park.The filing also states that prior to May 27, the city had “actively encouraged people to use Silver Creek Landing” upstream and downstream of the dam and that when Edwards jumped off of it, he didn’t know the water below “was quickly flowing and dangerous.”The federal lawsuit asks the court for an amount commensurate with Malott’s damages — including funeral costs and for counseling and attorneys fees — and “all other damages allowed under Indiana law.”Edwards’ father, Andre Edwards Sr, is also listed as a defendant in the complaint. It doesn’t show accusations against him, but states he is “named for the purpose of answering to his interest in this cause, if any…”Online court records show the city’s response in the case was due Oct. 18, but attorneys have requested an extension to Nov. 15.Malott signaled earlier this year a lawsuit could be coming. In June, her attorney, Sedwick, sent a notice of tort to New Albany officials seeking $700,000 in damages. The city had 90 days to respond and potentially resolve the claim before an official lawsuit could proceed.Following Edwards’ death, the city council appropriated up to $10,000 for safety signage at the site.A yearslong fightThe city’s fight to remove the dam goes back to 2021, when New Albany Mayor Jeff Gahan's administration challenged a permit a River Heritage contractor had secured from the state to remove it.That permit was ultimately upheld at the state level, but the city has since taken court action seeking to reverse that decision and further prevent the dam’s demolition.Gahan has cited historical, recreational and ecological concerns as reasons to preserve the dam. He’s said instead he wants to see it modified for safety, which the city signaled it was pursuing earlier this year after previously being denied a permit to do so.In early August, Gahan ordered “emergency maintenance” at the dam to prevent the hydraulic roller effect. This included crews placing rocks and gravel at the front of the dam to stop the current below.But state and federal agencies say that was done without authorization, and they want the city to undo it.The Indiana Department of Natural Resources put a stop to the work and is taking court action to try to reverse it. The United States Army Corps of Engineers also issued cease and desist orders, saying the city had violated the Rivers and Harbors Act of 1899 and the Clean Water Act.The agency directed the city to return the dam to its previous state, and gave them 30 days to provide plans for doing so. A Corps spokesperson said the city did not provide those plans in responses sent by the September deadline and October extension. She said the agency is “reviewing the response and determining next steps.”New Albany applied retroactively for state and federal permissions for work at the dam.Gahan’s administration has also not provided information on how much it’s spent to keep the dam in place. In September, the New Albany City Council voted to request the administration provide the legal costs of fighting the dam by Oct. 7, the day the board approved next year’s budget.The administration didn’t provide that, and council member Louise Gohmann later penned a letter expressing frustration with the lack of information.Just before the Oct. 17 meeting where Gohmann introduced that letter, Mayor Gahan provided a letter to the council asking them to wait on that information, stating that it would be “inappropriate” to release it at this time, and that “the premature disclosure of these costs could potentially compromise the City’s legal position and hinder its ability to negotiate or litigate effectively.”Gahan’s letter included that the legal costs have been appropriated under current budgets and that no budgets have been overspent due to it.Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.