Can the Katrina victims sue?

[NNN0LHI]

If so who could they sue? Are there limits? Is the government protected? Are there already lawyers headed down there? Can we bring Johnny Cochran back to life? Etc. Any other information would be appreciated and thanks in advance.

Don

[CottonBear]

1. See my post from yesterday: RE: class action law suit:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x154061

[Laura PourMeADrink]

2. Pro Bono lawyers should be taking depositions immediately !!!

Were all the Convention Center people taken to the same shelter? Pro Bono lawyers should be taking depositions immediately !!!

Can the Government be sued ???

http://writ.news.findlaw.com/sebok/20020521.html

snip
"In short, no matter how negligent or reckless a policy decision might seem in retrospect, the federal government is immune from suit from private citizens, no matter who gets hurt or how much property is lost. Congress has decided, very generally, not to allow policy judgments or their consequences to be litigated -- perhaps to avoid partisan lawsuits that attempt to attack policies that could not be defeated politically.

When, then, can the government be sued, pursuant to the FTCA? Basically, the answer is this: when, through its actors, it implements a policy in a careless fashion." snip


It certainly seems to me that the Government implemented the disaster recovery in a careless fashion. But can this be adjudicated without autopsies? And will it be possible to find the witnesses? I am sure that Assclown et al has already discussed this. Who exactly is making the decision for no autopsies?

[georgia10]

3. No, no lawsuits

Under the Stafford Act, you cannot sue the government for its response, or failure to respond, to the emergency.

[CottonBear]

4. I don't think there is complete presidential immunity from lawsuits

but I'm not a lawyer (nor do I play one on TV.;) )

[georgia10]

6. hehe, pretty close though

but that's a whole other subject.

The act really does preclude any lawsuits here, against FEMA & the President:

§ 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.

[CottonBear]

7. Goddamnit. n/t

[TahitiNut]

5. Poor people have NOWHERE near the access to tort claims as the wealthy.

This is one of the reaons that they're harmed with near-impunity.

[GreenPartyVoter]

8. **co have worked very hard to create a world where people cannot

seek recourse.

------------------------------------------------------
Save the Gulf:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=106&topic_id=22507&mesg_id=22507

Then save the nation!
http://timeforachange.bluelemur.com/electionreform.htm

[RageFist]

9. Devote the energy to changing the gov't, not suing...

and costing us all money.

[applegrove]

10. Not if they take the government aid package. 9/11 families had to give

up their rights to sue when they got their settlements. Standard practice.