Katrina ruling is upheld
A federal appeals court has upheld a judge’s landmark ruling that the Army Corps of Engineers is liable for property owners’ claims, agreeing that the shoddy work on a shipping channel caused billions of dollars in damage from Hurricane Katrina’s storm surge.
The three-judge panel from the 5th U.S. Circuit Court of Appeals on Friday rejected the federal government’s argument that it’s entitled to immunity from lawsuits blaming Katrina’s flood damage on the corps’ operation and maintenance of the Mississippi River-gulf Outlet, a New Orleans navigation channel.
The federal government had asked the 5th Circuit to reverse a 2009 decision by U.S. District Judge Stanwood Duval, who ruled that flooding in St. Bernard Parish and New Orleans’ Lower 9th Ward was a man-made disaster created by the corps’ negligence.
Instead, the 5th Circuit praised Duval for his “impressive” rulings.
Plaintiffs’ attorney Pierce O’donnell expressed hope that Friday’s ruling could stimulate settlement talks with the government to resolve the pending claims.
“This is a landmark victory, not just for the people ravaged by Katrina’s flooding but for all Americans,” he said. “We must hold our government accountable when it inflicts avoidable harm on its citizens.”
A Justice Department spokesman didn’t immediately return a phone call seeking comment.
Hundreds of people stood shoulder to shoulder along a cold, windy street in Chardon to honor one of three teenagers killed in a high school shooting last week.
The service for 16-yearold Daniel Parmertor is the first of the three. Services for Demetrius Hewlin, also 16, will be Tuesday and for Russell King Jr., 17, on Thursday.
Two other students were seriously wounded in the attack at Chardon High School, about 30 miles east of Cleveland. One remains in serious condition; a second has been released from the hospital.
Those honoring the teen wore the school’s colors of red and black, and huddled in hoods, knit hats and blankets.
They held U.S. flags and signs featuring red hearts and saying, “We are One Heartbeat.”
Charges filed in juvenile court accuse 17-year-old T.J. Lane of aggravated murder, attempted aggravated murder and felonious assault.
Lane’s next hearing is scheduled for Tuesday.
Prosecutor David Joyce said the motive for the shooting remains unclear. He said the victims were selected randomly, and called the suspect someone “who’s not well.”
Tempe police have made one arrest and were looking for two other suspects after a shootout amid a large crowd outside an Arizona nightclub late Friday left more than a dozen people wounded and set off a chaotic scene as the injured screamed for help and hundreds tried to flee.
None of the wounded had life-threatening injuries; two were seriously hurt.
Police spokesman Lt. Mike Horn said all three suspects are believed to be affiliated with Phoenix-area gangs.