250,000 victims of Katrina sue Army Corps

NEW ORLEANS – Ever since the floodwaters receded, the idea that the U.S. government was to blame for the Katrina catastrophe has possessed and angered its victims.

A legion of lawn signs, posted in front of many wrecked homes, wagged a finger at the U.S. Army Corps of Engineers, the federal agency responsible for the flood works: “Hold the Corps accountable!”

Turns out it was more than mere talk. After a massive deadline filing rush recently that is still being sorted through, the United States is facing legal claims from more than 250,000 people here demanding compensation because, they allege, the corps negligently designed the waterworks that permeate the city.

No one knows if the plaintiffs will get a dime, and legal experts note the difficulties of successfully suing the federal government. But officials said the damage claimed against the corps exceeds $278 billion, an amount that dwarfs even the estimated $125 billion that the federal government has put up for Gulf Coast hurricane recovery.

Win or lose, the volume of claims is a measure of the prevalent sense in this city that the United States created the disaster and that, worse, it has failed to make up for it in disaster aid.

“This was the largest catastrophe in the history of the United States, and people want justice,” said Joseph Bruno, one of the plaintiffs’ attorneys handling the case in federal court. “So when we went public with this, the public went nuts.”

During the deadline rush in March, the federal agency was so overwhelmed by the claims that a traffic jam formed in front of its offices here. Even now, nearly two months after the deadline, agency workers are still compiling the paperwork.

Bruno brushed aside criticism from those who suggest people are signing on to the lawsuit in the same way they buy a lottery ticket – as a meager investment that could reap big winnings.

“This isn’t just people jumping on the bus,” he said.

The litigation, still in its earliest stages, is complex.

There is no dispute that the flood works designed by the Army Corps of Engineers failed in Katrina, or that the corps made mistakes.

But it is far from clear whether the federal government can be sued for such errors. Federal law blocks many lawsuits against the government, particularly those that threaten the discretion of government officials to act. Another law restricts lawsuits for flood damages.

The strategic challenge for the plaintiffs’ attorneys is to find the kind of errors for which the government lacks immunity.

Bruno, along with a coalition of other law firms, has focused on two essential issues.

First, according to the legal filings, the construction of the shipping channel known as the Mississippi River Gulf Outlet created a “hurricane highway” that allowed the storm surge to reach the city. That flooded the eastern half of New Orleans.

Second, according to the lawsuit, the improper dredging of the 17th Street Canal led to the toppling of a flood wall. That led to the inundation of the western half of the city.