Court Clears Army Corps of Liability for Katrina
Because the government can't be sued
By Kevin Spak, Newser User
Posted Sep 25, 2012 9:34 AM CDT
The London Avenue Canal floodwall that was breached after Hurricane Katrina, in New Orleans, is shown in this 2005 file photo.   (AP Photo/Cheryl Gerber, File)

(Newser) – The Army Corps of Engineers can't be held responsible for the devastation New Orleans suffered during Hurricane Katrina, a federal appeals court ruled today, overturning a lower court decision that could have left the government open to a host of lawsuits, CNN reports. The appeals court cited the "discretionary function exception," which holds that the government can't be sued for anything its agencies do if the function is discretionary. "Our application of the DFE … completely insulates the government from liability," the judges wrote.

A lower court had lambasted the corps for its "insouciance, myopia, and short-sightedness," awarded a number of Lower 9th Ward and St. Bernard Parish families thousands in damages, and opened the door for lawsuits that could have cost the government tens of millions more.

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Showing 3 of 8 comments
gomer99
Sep 25, 2012 10:25 PM CDT
Once again....... How foookin' stooopid do you have to be to live BELOW SEA LEVEL in a hurricane area ?
Daniel-from-TN
Sep 25, 2012 4:48 PM CDT
It's about time the Corps was cleared of liability. I remember reading articles going back at least 20 years where the Corp has repeatedly advised New Orleans to build a better levee because the old levee was only built to withstand a Cat 2 hurricane; and at the time of Katrina, a Cat 5 hurricane, it was old and deteriorated.
Tology
Sep 25, 2012 12:51 PM CDT
It wasn't their fault. The dummies that lived there below sea level were expecting taxpayer dollars to protect their neighborhood, but they should have had insurance.