By Peter Whoriskey; Washington Post Staff Writer
Ever since the floodwaters receded, the idea that the U.S. government was to blame for the catastrophe has possessed and angered its victims.
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.
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.
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. One of the first plaintiffs in the suits was well-known local television news anchorman Norman Robinson.
"This isn't just people jumping on the bus," he said.
There is no dispute that the flood works designed by the Army Corps of Engineers failed in or that the Corps made mistakes.
Katrina
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.
Bruno, along with a coalition of other law firms, has focused on two essential issues.
New Orleans.
But even if those allegations can be proved -- and the causes of the flooding are clouded by scientific disputes -- it is by no means clear that the government can be sued as a result.
New Orleans,
"Even if these allegations were true, the United States could not be held liable," they wrote.
The allegations are too general, he said, and would have to be more focused to overcome the immunity that government officials have when making policy decisions.
He did note, however, that one of the judge's key orders in the case seemed to indicate sympathy for the plaintiffs.
In the once-flooded sections of the city, such as East, where roughly two-thirds of the homes are still vacant, many residents view the lawsuit against the Corps as a long shot.
"I think they lied to us," said Don Grantz, 59, who lost his home and furniture store in the flood.
"I don't know who you blame," he said, shaking his head. "Maybe you blame yourself for living in an area like this.