Judge rules lawsuit against Aaron Broussard can move forward

Attorneys called it a legal victory for Jefferson Parish homeowners who’re suing the parish over the decision to evacuate pump operators for the storm. It's a decision they said caused their houses to flood, but while the cases against Parish President Aaron Broussard can now move forward, parish attorney's said a resolution was a long way from being found.

When Broussard made the decision to remove the pump operators for safety reasons during Hurricane Katrina, attorney Darleen Jacobs said he sealed the fate of her Metairie townhouses.

“See the water? That’s right after the flood,” Jacobs said while flipping through photos of her damaged properties.

A block from the Esplanade Canal, Jacobs said they had never flooded before, but Katrina brought in 4.5 feet of water.

“No, I do not feel (the properties) would have flooded,” Jacobs said. “There's devastating damage out in that area as a result of Mr. Broussard’s actions.”

Jacobs sued Broussard and Jefferson Parish for evacuating the pump operators to Tangipahoa Parish. In fact, 11 similar lawsuits have been filed against the parish. And recently, plaintiffs said they won a key decision in their fight to make the parish liable.

Jefferson Parish attorneys argued that President Broussard has immunity from legal suits for making decisions in a state of emergency and that the cases should be thrown out. However, a judge denied that claim, ruling the cases had a right to move forward.

Tom Wilkinson, lead attorney for the parish, labeled the decision a minor defeat.

“I think the judge probably ruled correctly and we're gonna have to proceed forward,” Wilkinson said. “He has told the plaintiffs, ‘I'm going to give you an opportunity now to go prove your case and the parish is going to have to defend these lawsuits,’ but the plaintiffs and their lawyers are a long way from prevailing on the merits of the case.”

Wilkinson said there were only two provisions where the parish president loses his immunity from being sued: if his actions go beyond the scope of government policy making and his discretionary power, or if his actions were considered willful, malicious or reckless.

Jacobs and co-counsel Al Sarrat claimed that Broussard and the parish lost the immunity on both counts.

“We think that Broussard, in telling the people to abandon the pumps, exceeded his authority and that he is not covered by immunity statutes by doing that,” Sarrat said.

Jacobs said she and Sarrat brought the lawsuit against Broussard and the parish claiming that his actions were wanton and grossly negligent.

“I don't read those decisions that way,” Wilkinson said. “I'm not surprised that they would put that spin on it, but I don't read the judge’s decision to say that immunity does not apply to Mr. Broussard or the parish.”

However, the two sides agreed on one thing: it would take years if and when these cases were to ever go to trial.

Judge John Peytavin from the 23rd district is hearing the cases against the parish, since all of the judges in the 24th district recused themselves from the case. Wilkinson said the parish would not appeal the decision as of now, but would not make an official decision on that until Friday.

While I think Broussard acted in a pretty idiotic way both before and after the storm (especially after), it is pretty hard to establish that those pumps would have held back the amount of water that was sent their way.

Of course, they could have at least tried...

4 posted on 10/13/2006 9:15:26 AM PDT by Comstock1 (If it's a miracle, Colour Sergeant, it's a short chamber Boxer Henry point 45 caliber miracle.)

Betcha that they could have. There are some freaking big volume pumps out there.

And let Russert have Broussard on again to cry over this one.

Broussard is an idiot, a crook, a fraud, liar, cheat, did I miss anything?

Having lived in Metairie for 9 years I would have to say that some of the neighborhoods could have been saved if the pumps were manned. Not all, but some. The homes closest to the levee, like Al Copeland's place, did not have flooding which tells me that if the pumps were pumping then the homes down further from the levee would have been spared too.

Broussard is an SOB and always has been. He has lined his own pockets for years and has participated in a ton of corruption to enrich himself and his cronies.

He deserves far worse than being sued.

Yeah, I've been out there a few times (my Dad used to live in Gonzales for a brief period) and I 've seen some of the pumpworks. But what happens when there is no place to put the pumped water? That happened to at least one pumping station in NOLA during Katrina.

7 posted on 10/13/2006 10:59:51 AM PDT by Comstock1 (If it's a miracle, Colour Sergeant, it's a short chamber Boxer Henry point 45 caliber miracle.)

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