http://www.cnn.com/2009/US/11/19/nagin.katrina.suit/index.html
CNN) -- Calling the ruling "huge," New Orleans Mayor Ray Nagin on Thursday reacted to a federal judge finding the U.S. Army Corps of Engineers' failure to maintain a shipping channel led to catastrophic flooding during Hurricane Katrina.
Nagin said he hopes the court decision will "open up the floodgates" for others to file lawsuits against the federal government, including his Louisiana city.
However, he acknowledged it's likely the federal government will appeal Wednesday's ruling.
Department of Justice spokesman Charles Miller said in an e-mail the government is reviewing the decision and has made "no determination as to what future steps it would take in this matter."
U.S. District Judge Stanwood Duval Jr. ruled that the "negligence of the Corps" by failing to maintain the Mississippi River-Gulf Outlet waterway "was not policy, but insouciance, myopia and short-sightedness."
"For over 40 years, the Corps was aware that the Reach II levee protecting Chalmette and the Lower Ninth Ward was going to be compromised by the continued deterioration of the [waterway]. ... The Corps had an opportunity to take a myriad of actions to alleviate this deterioration or rehabilitate this deterioration and failed to do so. Clearly, the expression 'talk is cheap' applies here."
Duval issued the ruling in a lawsuit brought by six plaintiffs affected by the 2005 hurricane, who alleged the Corps of Engineers was liable for damages. The judge ruled against one couple, who lived in New Orleans East, but awarded the others, from the Lower Ninth Ward and St. Bernard Parish, damages ranging from $100,000 to $317,000.
Nagin said he had thought the ruling was a long shot. "This was a surprise but a pleasant one," he said.
The decision applies not only to the six plaintiffs, attorney Pierce O'Donnell said, but also to some 100,000 homes and businesses in St. Bernard Parish and the Lower Ninth Ward. Under the precedent set by Duval's ruling, they too will be entitled to compensation, O'Donnell said.
At a news conference Thursday, Craig Taffaro, president of St. Bernard Parish, said, "It's a bittersweet victory in the sense that yes, we are at the table, yes, we are grateful for the judge's ruling and for the legal team to deliver us to this point, but what a shame that we had to go through such devastation and destruction to get here."
At one point a Category 5 hurricane, Katrina had weakened to a Category 3 storm with top sustained winds of 127 mph when it made landfall on the morning of August 29, 2005, between Grand Isle, Louisiana, and the mouth of Mississippi River. Its winds were only slightly diminished when it passed over more populated coastal areas hours later.
More than 1,800 people died in the storm, including nearly 1,600 in Louisiana. In New Orleans, the city's levee system failed and widespread flooding occurred.
Overall, the storm damage covered more than 90,000 square miles and displaced nearly 300,000 people, causing more than $81 billion in damage.
Ivor van Heerden, a researcher who warned of the potential for catastrophic damage from a hurricane, said the ruling is "total vindication for everybody who was involved."
"I think he's called a spade a spade," van Heerden told CNN by phone. The former deputy director of the Louisiana State University Hurricane Center said the university fired him because of the investigation he led into the levee failures. The probe put much of the blame for the disaster on the Corps of Engineers.
He alleged Thursday that the university blocked him from being an expert witness in the case, but said he "put together a lot of the science" and reviewed the defense's explanation to find the holes.
"Hurricane Katrina in New Orleans was a manmade catastrophe with a hurricane trigger," he said. "I saw the suffering of the people in New Orleans. ... Finally there is the potential of compensation."
He said he intends to file a lawsuit against LSU, which he said has to pay him through the end of his contract, which ends in May.
LSU did not immediately return a phone call seeking comment Thursday.
Luc and Emily my reason for breathing!' About 35 and over with small children:This group is for Mommies wanting to make new friends with other People are asking me about the race problem.... I know of no race problem. The great problem that confronts the American people to-day is a national problem -- whether this great nation of ours is great enough to live up to its own convictions, carry out its own declaration of independence, and execute the provisions of its own constitution. (1893)Fredrick Douglass
Ah yes, "Do Nothing Nagin" WOULD relish this ruling. It takes all responsibility off of him and the other powers that be that did nothing to protect their citizens during Katrina. Yes, let's "open the floodgates" and sue the federal government. Of course, the government is already drowning in debt, so what would all of these lawsuits really accomplish?
The Army Corps of Engineers had issued previous warnings about the condition of the levees. The people of the city of NO had ample warning of this storm and many chose not to leave. There were hundreds of school buses sitting there immobile that could have been used to evacuate people. Once the storm had passed, all of the finger pointing started and of course, most of it was Bush's fault. How ridiculous!
Isnt Nagin the guy who left school buses,,,lots of them flooded in parking lots instead of using them to get people out?
And if the ones who were supposed to keep the levee safe did not do their job then they should be punished....But a lot of people dropped the ball on this one,,,from them all the way to the White House......
Quoting tericared:
Isnt Nagin the guy who left school buses,,,lots of them flooded in parking lots instead of using them to get people out?
Exactly!!! He sat idle and did NOTHING to help his own constituents and then was the first to point a finger at the federal governement, Bush in particular, to accuse them of not stepping up to help NO.
Quoting savannahnhi:
Quoting Dylansmom32509:
People should file lawsuit against Nagin also for doing nothing.The guy equally did nothing to help his city when this was happening.
this and why in the hell did the people in New Orleans reelected this idiot.
I was completely mystified by that, as well!
This is why they voted for him again. I don't know how many times there has been Hurricane alerts in Florida and nothing happened. Who knew. You can't blame Nagin. Where was the money supposed to come from?
Luc and Emily my reason for breathing!' About 35 and over with small children:This group is for Mommies wanting to make new friends with other People are asking me about the race problem.... I know of no race problem. The great problem that confronts the American people to-day is a national problem -- whether this great nation of ours is great enough to live up to its own convictions, carry out its own declaration of independence, and execute the provisions of its own constitution. (1893)Fredrick Douglass
It flooded here in 1994 and people stole a lot of stuff...well borrowed... such as bulldozers and semi trucks and other things to help rescue people from the flood waters. I find it appalling that the Mayor left people in that city with resources sitting there and then put them under Marshal Law making it impossible for them to help themselves. When a natural disaster occurs and we have seen a few in my town, it is very important for people to be able to help themselves. When people come in and prevent that as was done in New Orleans they need to be held accountable. I feel the mayor should likewise be held accountable but I know he won't.
Quoting emilysmom1966:
This is why they voted for him again. I don't know how many times there has been Hurricane alerts in Florida and nothing happened. Who knew. You can't blame Nagin. Where was the money supposed to come from?
There were warnings for DAYS before Katrina hit and nothing was done. Then, when the storm hit, Nagin did not use any of the resources available to him (school buses, public transit) to get people the hell out. He sat safely on his own hands and did NOTHING. I just can't understand how people could allow him to continue to hold office.
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- emilysmom1966
on Nov. 19, 2009 at 6:15 PM