Can the US Government be sued in civil court for Wrongful Death...

[Junkdrawer]

if it can be proven that FEMA systematically prevented outside aid and trained, outside rescuers from providing relief? :shrug:

I'm thinking along the lines of the growing evidence:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x4660874

...and Parrish President Aaron Broussard's statements:

Let me give you just three quick examples. We had Wal-Mart deliver three trucks of water, trailer trucks of water. FEMA turned them back. They said we didn't need them. This was a week ago. FEMA--we had 1,000 gallons of diesel fuel on a Coast Guard vessel docked in my parish. The Coast Guard said, "Come get the fuel right away." When we got there with our trucks, they got a word. "FEMA says don't give you the fuel." Yesterday--yesterday--FEMA comes in and cuts all of our emergency communication lines. They cut them without notice. Our sheriff, Harry Lee, goes back in, he reconnects the line. He posts armed guards on our line and says, "No one is getting near these lines." Sheriff Harry Lee said that if America--American government would have responded like Wal-Mart has responded, we wouldn't be in this crisis.

But I want to thank Governor Blanco for all she's done and all her leadership. She sent in the National Guard. I just repaired a breach on my side of the 17th Street canal that the secretary didn't foresee, a 300-foot breach. I just completed it yesterday with convoys of National Guard and local parish workers and levee board people. It took us two and a half days working 24/7. I just closed it.

MR. RUSSERT: All right.

MR. BROUSSARD: I'm telling you most importantly I want to thank my public employees...

MR. RUSSERT: All right.

MR. BROUSSARD: ...that have worked 24/7. They're burned out, the doctors, the nurses. And I want to give you one last story and I'll shut up and let you tell me whatever you want to tell me. The guy who runs this building I'm in, emergency management, he's responsible for everything. His mother was trapped in St. Bernard nursing home and every day she called him and said, "Are you coming, son? Is somebody coming?" And he said, "Yeah, Mama, somebody's coming to get you. Somebody's coming to get you on Tuesday. Somebody's coming to get you on Wednesday. Somebody's coming to get you on Thursday. Somebody's coming to get you on Friday." And she drowned Friday night. She drowned Friday night.

http://www.msnbc.msn.com/id/9179790/

[Silverhair]

1. I am sure some lawyer will try it.

I do not predict success.

[Junkdrawer]

10. I bet a LOT of lawyers will try it...Google 'Government "Wrongful Death"'

http://www.google.com/search?hl=en&q=Government+%22wrongful+death%22&btnG=Google+Search

4 million plus hits...

[JuniperLea]

2. Mr. Broussard better be careful

I'm beginning to fear for his life. He speaks the truth too loudly, too clearly and too often.

[Selatius]

3. You have to overcome the doctrine of sovereign immunity

[tabasco]

4. The governement can't be sued without their permission.

There is a statute called the Federal Tort Claims Act. Google it and it may help answer the question.

edit typo

edit2: Here's a ling to the FTCA:

http://www.lectlaw.com/def/f071.htm

[shraby]

5. This whole fiasco is also a Civil Rights issue.

The evacuees right to food and water in a dire emergency was denied. There are plenty of accounts of aid actively being turned away.

[georgia10]

6. No.

"§ 5148. NONLIABILITY OF FEDERAL GOVERNMENT {Sec. 305}

The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act."

The Hurrican Katrina response falls under the Stafford Act. So no matter how much the government failed, you can't sue.

link: http://www.fema.gov/library/stafact.shtm

[Junkdrawer]

8. When I read that, I see "failure to perform", but not "actively impeded"..

big difference in my mind...

[EVDebs]

7. The FEMA contracted rescue buses came from out of state

In one case I found from Cincinnatti OH and in another from North Carolina. I'm sure there are more. Instead of commandeering all Louisiana school buses FEMA let out contracts first to 650 buses and later I read they contracted for a total of 5000 buses. This being days after just finding out, as Ted Koppell found out from the FEMA director, that FEMA didn't know about those at the Superdome/ConventionCenter sites.

The IEM, Inc catastrophic hurricane plan for SE Louisiana and N.O. said it was FEMA to take charge once the city was overwhelmed. That happened and FEMA wasn't ready. The city had done all it could do.

Bush's 'outsourcing' and 'privatization' prescriptions are a cure worse than the disease if you ask me.

[Junkdrawer]

9. Clinton was sued over Waco...

WASHINGTON (CNN) -- A $675 million lawsuit stemming from the deaths of some 80 Branch Davidians at Waco, Texas, in 1993 goes to trial Monday.

The defendant is the federal government, which says it was justified in using armed force to end a 51-day standoff with the Branch Davidians, a Christian apocalyptic sect.

The plaintiffs are about 100 family members of the sect members who died, among whom were sect leader David Koresh and 17 children. The families allege the government used excessive force throughout the standoff, which began on February 28, 1993 and ended on April 19, 1993.

The wrongful-death case, to be heard in a Waco federal court by U.S. District Judge Walter Smith, will once again focus attention on the government's actions during the 1993 raid and standoff that made headlines around the world and led to congressional inquiries. Though the government was cleared of wrongdoing, critics have insisted it went too far.

http://archives.cnn.com/2000/LAW/06/16/wacotrial/

[Cleita]

11. I think this might be a good idea. We aren't going to get

justice through the usual channels it looks like, so civil suits might be the answer to making these clowns accountable. I think every group who can find a reason to file a class action suit against the federal government agency or individual at fault for everything we have been through these four plus years should do so.

[Junkdrawer]

12. If you look at the Waco lawsuit, you'll see the civil trial was delayed..

while the official investigations proceeded. So I'm guessing a lot of this will depend on the results of official investigations.

My gut feeling is that there will be lots of lawsuits and lots of delays. And right now, evidence - including just who was killed and how - is literally being buried.