Judge Hints He Won't Allow Suit Against Corps for negligence during Katrina

[babylonsister]

http://www.wdsu.com/news/13911924/detail.html

Judge Hints He Won't Allow Suit Against Corps

POSTED: 7:36 pm CDT August 16, 2007
UPDATED: 12:49 pm CDT August 17, 2007



NEW ORLEANS -- A federal judge has suggested he may not allow a class-action lawsuit accusing the Army Corps of Engineers of negligence for flooding during Hurricane Katrina.

U.S. District Judge Stanwood Duval of New Orleans made his comments during a hearing Thursday to weigh a claim by the corps that it is immune from suits seeking compensation from flooding.

Projects that fall under the Flood Control Act of 1928 generally are immune.

The case revolves around the collapse of a floodwall and levee on the 17th Street Canal in New Orleans. Eighty percent of the city was flooded.

The plaintiffs argue that the levee along the canal was seriously damaged before Katrina because the corps allowed the large drainage ditch to be dredged.

The Corps says the canal was part of the overall hurricane protection system it built over 40 years to defend New Orleans from storms.

Duval warned that there is a preponderance of judicial rulings that favor governmental immunity. He will make a ruling later.

[youngdem]

1. Immunity only covers flood protection efforts by the Corps

The flooding was caused largely by the Mississippi River Gulf Outlet(MRGO) and the Industrial Canal, navigation works built by the Army Corps NOT COVERED by immunity statutes in effect prior to the construction. The MRGO and IC were built for commercial/navigational reasons. The Corps is vulnerable.

[valerief]

2. Of coooooooooooourse, he won't! That would be a right to justice and that's dead in Merka. nt