Some of the suits allege that former Parish President Aaron Broussard‘s administration’s caused the flooding by evacuating drainage pump operators to Washington Parish as the storm bore down on southeast Louisiana.
Richard Rainey has the story for the Times Picayune – just not many details:
Lawsuits born from the flooding that hit Jefferson Parish after Hurricane Katrina struck in 2005 were designated as a class action Wednesday, plaintiff’s attorney Darlene Jacobs Levy said.
“I’m very happy,” she said. “We worked very hard, and we’re happy the citizens of Jefferson Parish are finally going to get their day in court”…
Now the plaintiffs — potentially thousands of them — will be divided into subcategories for property owners affected on each side of the Mississippi River, Levy said.
Today’s ruling ends a four-year battle to gain class action status.
Tell us more!
Well, there’s only one problem: Even if “the Class”, ie. the plaintiffs, WIN, the only way they can collect their Judgment is by appropriation by the Legislature. Fat chance of that ever occurring. Which is why I tried to keep my cases against Broussard and the Parish in Federal Court. With a “connection” (and other things) between the Corpse of Engineers (that’s the United States of America) and what Broussard and Maestri and other incompetents did, a Federal Judgment can be executed against the Parish or, if the Parish can’t satisfy the Judgment, against the State (the Parish is a political subdivision of the State). What I didn’t count on was Calvin Fayard and other crooks, all “close personal friends of long-standing” of the presiding Federal Judge, the “DisHonorable” Stanwood Duval (SPIT!), secretly represented the State, so the Jefferson Parish cases were sent by Duval to State Court, where they couldn’t pose a “conflict of interests” to Fayard, et al. THIS IS CRIMINAL, Boys and Girls. Ashton O’Dwyer.
As in all things Jefferson Parish, I would like to know if there is any relationship between Judge John Peytavin and Michael Peytavin of the Gaudry, Ranson, Higgins and Gremillion law firm.
Micheal Peytavin is, of course, the lawyer who negotiated the illegal River Birch contract at the behest of then Parish Attorney Tom Wilkinson. His law firm has received over a $100,000 THOUSAND DOLLARS in fees to date. Some how Heebe and Butler, Jr. get fused into this picture of influential lawyers and politicos.
Appearances are never what they seem…
OOOOOOOOOOOOOOOOOOwweeeeeeeeeeeeeee Are we looking at a soon to be bankrupt Jefferson Parish ?. At yesterday’s Council meeting TheRiot in a sad farewell( hopefully he will not be appointed to serve Mr.Young’s At Large Council position for a year more) speech stated the Parish may have to comme up with 11 MILLION a year for next 5 years to pay off a FEMA loan if it is not forgiven in DC. The Parish is on the hook for possibly HUNDREDS OF MILLIONS if the Court in Class action determines Broussard lied in his deposition that he did not order the evacution and willfully was negligent. Then the Parish is also on the hook for potentionally more MILLIONS if it found by Court in Waste Management suit that certain JP politicos intentionally and illegally cut off the Waste Management garbage contract in order to sign a poltical croney induced River Birch contract. Then if the Fat City bar owners sue and it is determined the Parish acted against them in a prejudicial, intentional way to put them out of a legitinmate business previously approved by prior Code more MILLIONS. And finally if JP Council has its way the Parish may be involved in a 25 year contract which could also cause increase MILLIONS in garbage collection. Citizens will definitely not approve any more taxes after the latest coruption scandal. So will citizens finally say enough is enough and move out, creating a similar previous NOLA mass flight, to other more efficiently run parishes?After a municipal bankuptcy is a U.S.Trustee appointed to run Parish government? I bet Porkyotous’ defense Attorney Turdley would know ?If so, I’ll stay a little longer then until the sand berms and palm/coconut/date/banana trees thereon mature and get a little bigger before I move out to such Paradise. OOOOOOOOOOOOOOOOOOOOOoowweeeeeeeeeeee
curious, good observations…and as one who was in the Jefferson Parish Chamber for the entire meeting yesterday, I can tell you the Fat City issue was the opening act for the J.P. Council.
I’ll spare an involved scenario of what happened however, Margie Seemann, Co Chair of Citizens for Good Government, read to all J.P. Council members a parish ordinance which had to do with Council members accepting campaign donations from businesses and then the issue of those same firms seeking parish contracts from Council members. In any event, ( the actual ordinance is wordy) but it has to do with Section 23-132.1 of the Jefferson Parish Code of Ordinances.
Ms. Seemann clearly & carefully read the entire ordinance to all Council members and asked the Parish Clerk if any Council people had provided written statements immediately prior to the meeting in which a Council member would abstain from voting in various resolutions where specific vendors seeking contract award when that said Council member(s) would economically benefit from any person who has made campaign contribution(s) to said council member during the 48 months prior to the date of such vote.
Again, Ms. Seemann carefully outlined the entire ordinance in question and ascertained from the Parish Clerk that NO Jefferson Parish Council person has submitted anything to the Council Clerk in writing immediately prior to yesterday’s meeting.
Then the entire Council (including John Young, Council Chair for the J.P. Council) willingly and knowingly violated the parish ordinance in voting for all 6 resolutons that appeared on the agenda to a vote of 7-0 on all six resolutions.
So, again, the entire J.P. Council essentially broke a parish ordinance knowingly and willfully.
This is yet again an arrogant, irresponsible, and parish ordinance breaking Council who skirts the law with what they do in Council meetings without regard for J.P. taxpayers welfare ( or in this case Parish Ordinances).
Only good thing that happened yesterday, I stayed for the entire J.P. Council meeting. After the meeting concluded, I went up to the 5th floor to early vote for the Parish President’s race. NOw, let’s see, when I get to the page on the ballot that shows who is running for Parish President..do I want someone who just less than an hour before broke parish law as a Parish President or his opponent ? Hmmm, didn’t take me long to make up my mind… that Parish President vote selection was the most satisfying thing that happened in my time in the Yenni Building yesterday.
OOOOOOOOOOOOOOOOOOoowweeeeeee Bunhare, you may not have a long tail like I but I ditto your every true observation, conclusion and vote too. Wonder how many other citizens voted absentee for President candidate Larry Haas after Mr.Young, clearly warned by Margie of Citizens for Good Government, willfully violated said Conflict of Interest/Affidavit Ordinance? Now where is D.A. Connick, a big time campaign supporter for Young, to issue an indictment for a $500 fine and/or up to 6 months in jail? Gee Mr. Connick, I don’t see you prosecuting Mr. Young for his willful violation in full view of the entire Parish over Cox Cable TV? No sweeping this one under the carpet as the entire Council needs to be charged by Connick, as all 7 council members accepted contributions of over $1,000 from each of those contractors who were awarded only 4 MILLION DOLLARS in contracts yesterday alone! But how can Connick do that and not aggrieve the Council who he has to solely depend on to vote in favor of his law firm getting another 2 MILLION DOLLAR yearly legal work contract? Is there a problem here that needs attention by State Attorney General Caldwell, the FBI and Mr. Letten staff? How about “Chuckie” Plattsmier also, as Mr. Young is a licensed attorney who has willfully violated an Ordinance? If no one is coming then lets put up the Batman signal, call out to Superman, Superwoman, Spiderman,Mighty Mouse,Underdog……………. Somebody please help us, this is worse than Katrina as far as a man made,intentional disaster in JP. OOOOOOOOOOOOOwweeeeeeeee
For anyone who may be a “Doubting Thomas” about whether there was a sufficient Federal “connection” or “interest” to keep Broussard, the Parish, et al in Federal Court, so that a Federal Judgment could be executed against them or the State of Louisiana without any appropriation by the Legislature, I call your attention to 33 Code of Federal Regulations Section 208.10 which is often cited by Commentor Wayne Weiser. More particularly subsection (f) (2) which addresses “Operation of Pumping Plants” specifically provides: “COMPETENT OPERATORS SHALL BE ON DUTY AT PUMPING PLANTS WHENEVER IT APPEARS THAT NECESSITY FOR PUMP OPERATION IS IMMINENT.” Instead of complying with that very specific Federal law, Aaron Broussard – that ASSHOLE – turned off the pumps and sent the pump workers some 200 miles away AT THE TIME THEY WERE NEEDED MOST DURING THEIR ENTIRE EXISTENCE. And “Duval-Daley-Fayard” sent the Federal cases to State Court for the malevolent purpose of benefitting his “close personal friend of long-standing”, Calvin Fayard, who he knew secretly represented the State, but whose professional and financial interests would be “protected” with the Broussard/Jefferson Parish cases out of his Court. Ashton O’Dwyer.
In case you wonder, 33 CFR 208.10 went into effect in 1963. That is two full years prior to the approval of the LP&VHPP. Of course this is a Federal Document that it seems not even the COE-NOD was aware of, and may never have made the Local Sponsor aware of its force.
The COE is still putting out EA’s with wording violating that document check out EA 454! This is on the Flood Control Project on the West Bank of Jefferson Parish. They still want to remove pump operators if no safe house is available. This document along with DA Engineering Manuals & Regulations covering all aspects of the Local Flood Control Project seem to be ignored by management if not the design engineer.
Of course the COE put their documents on various websites due to “transparency”, but boy did they try to hide those important transparent documents on the 17th St Canal, the off-set dredging of the canal, documents showing that they considered it a navigable waterway, a required dredging permit necessary to dredge a navigable waterway, and no mention for a few years after Katrnia has 33 CFR 208.10 be mentioned or cited by the COE!
This case should and must be tried in Federal Court 0utlining the 40 years of malfeasance for ignoring required documents that would have protected all citizens North of the GIWW!
We cannot blame Aaron for what he did, the blame goes directly to the Federal Government Oversight Office that approved the use of Pump Stations w/o modifications or replacement to bring them to the required design. The same holds for I-wall stick up which was limited to 8-ft in the 1980’s and reduced to 7-ft in the 1990’s. The same holds for monitoring [ALL] channels that are part of the project for erosion or sloughing. None of the inflow or more importantly outflow canals were ever surveyed and given to the COE for determining if any SCL violations existed or any repairs ever made when needed.
The levees did not fail until the bankline eroded or sloughed off & failed the levee.
Look: Readers of SLABBED, This is “complicated”, but not “that” complicated. Most of the flooding of Jefferson Parish (both East and West Banks) occurred because Broussard shut down the pumps and sent the pump workers 200 miles away. On the East Bank, when that happened, Lake Pontchatrain started emptying into the Parish THROUGH the shut-down pump stations, which were either not equipped with Federally-mandated back-flow or check valves or, if they had some “Corpse” of Engineers “approved” compressed air devices, didn’t work. One exception is “Metairie Club Gardens” which I believe to have been flooded primarily by the breach at 17th Street. To this day, 5 years after KATRINA, I am unaware of ANY study which attempts to attribute FLOODING, by volume of water, to 17th Street or any other breach, versus “the Broussard Flood of 8/29/05”. And this is just the way the United States, the U.S. Army (as in U.S. Army Corpse of Engineers), Jefferson Parish, and the State of Louisiana, WANT IT. Ashton O’Dwyer.
OOOOOOOOOOOOOOOOwweeeeeeeeeeeee Why hasn’t Broussard been charged with perjury at his deposition as I remember him distinctly stating he sent the pump operators away to save their lives. I wish Darlene Jacobs would post her opinions on her Class action suit and answer our questions and the chance of success at trial.OOOOOOOOOwweeeeeeee
Not only were the operators sent away, but the Pump Stations themselves did not meet Department of the Army guides. Read EM 1110-2-3102 on Pump Station Design, ER 1110-2-530 on Flood Control Operation & Maintenance Policy & ER 1110-2-401 on Operation, Maintenance, Repair, Replacement & Rehibilation of Pump Stations. They may surprise you! Along with 33 CFR 208.10 as the primary document, check out hom many of these use that directive as a reference. None refer to the Flood Control Act of 1928.
You would do well to also read the Engineering document covering wall stick-up. I-walls maximum 8-ft reduced to 7-ft prior to 1994 and T-walls are required for any stick-up over 7-ft. Now do you believe there was malfeasence?
Many of the documents folk should read are located in the HPDC Draft REport which include annual inspections by the COE of their Hurricane/flood control projects. Check out what is said and the ratings given. All are on different website of the COE or Department of the Army. The ipet report is another fair reading, as well as the GAO testimony before the Subcommittee on Energy & Water Development, Committee on Appropriations, House of Representatives on LP&VHPP given on 28 Sep 2005. Much of the testimony has great flaws in it.
Since the Federal Government Approved the spending of tax payers monies for this project on a 70-30 basis [Fed-Local] in 1965 and never complied with their own directives, engineering manuals & regulations; why go after the empty pockets of the Parish & State. Why not get the nation involved since they funded this project that due to malfeasance was doomed to fail, and if they continue to not follow the above it will fail again!!
We also need to look at Plaquemines Parish and the Local Flood Control Projects constructed there and never worked and over $100M spent on levees alone, Lower St. Bernard was also hit hard and they also may not be compensated for malfeasance in either place as well!
Has anyone ever looked into the divisions of the LP&VHPP? It can be done in the Law Suits where the documentation for the project is reviewed. Check the project plates!
There are three specific Units of the Project [St Charles, East Jefferson & Orleans Parish to the IHNC is one Unit known as New Orleans West! Orleans Parish from the IHNC to the eastern limit of the city is Known as New Orleans East and the last is called the Chalmette Unit with a ring levee from the Mississippi River along the south side ofthe GIWW and south along the western side of the MRGO to circle back to the Mississippi River near Violet.
How and why are the lawsuits filed separating these Units differently? East Jefferson & Orleans Parrish to the IHNC should be one Unit in a suit to the Federal Courts! The stoppage of the Barrier Plan and resulting High Level Plan in effect today did not change the boundaries, however Judge Duval did!
Why did he cite the Flood Control Act of 1928 grnting immunity to the COE when the project was covered by 33 CFR 208.10 and all engineering regulations & manuals that cite that as the reference document for local flood control projects?
Perhaps you legal folk can clarify that decision for an engineer!
Comments to this Post (and the Post itself) are about to disappear into “cyberspace”, ie. “Older Entries”, never to be read again. However, I want to address Mr. Weiser’s last Comment. It is a real shame that you and I, Mr. Weiser, are not as “smart” as the “DisHonorable” Duval-Daley-Fayard, or his wife and law clerk (that’s right, you heard me “right”; how’s THAT for a free and open intellectual exchange of ideas in Section “K” of the Eastern District?), or His “DisHonor’s” close personal friend of long-standing, Calvin Fayard, and Fayard’s “suck-buddies” who plan to feed at the same pig trought Duval-Daley-Fayard presents to his buddy Calvin. In other words, Mr. Weiser, Duval-Daley-Fayard, who isn’t as smart as his wife and law clerk tells him he is, hasn’t done anything in the “Victims of KATRINA” litigation without clearing it with Calvin Fayard first, which is why the LPVHPP “divisions” got all screwed up. Ashton O’Dwyer.
OK class certification after 5 years. Will there be an appeal, if so add another year. If appeal or no appeal the issue of liability and damages needs to be tried, add another year and an appeal for the looser, add another year.
Sorry folks, I forget to add the Archives message indicating this “Hot” news was now “old and cold” – but still interesting in light of current discussion.
I as an engineer am not clear on jail time and liability for malfeasance but it would seem that if all DA directives, Engineering Manuals & Regulations were not followed since 1965 then a history of this practice has longbeen established. A document from 1970 cites shortcomings on EJ Pump Stations placed into the project that NOD cited to EJ and Mr. Rainey has an article stating they were never modified or updated per these guides.
Again the Federal Government was the authorized responsible party and dictated guides to be followed but they never followed their own guides.
As directed the only time portions of the project were to be turned over to the local Sponsor was when they had been completed. Show me any portion of this project that was complete!!!!!
Misuse of vertical control, possibly no documentation showing the responsibilities of the Local Sponsor from NOD, 33 CFR 208.10, DA Engr Manuals & Regulations, improper annual inspections and follow-ups for improvements, modifications, replacement, etc, all speak to malfeasance.
The Orleans West Unit of which EJ is a part of was compromised by OLD’s dredging of the 17th St Outfall Canal as indicated in the 1987 & ’88 letters which set certain requirements were never addressed or followed up to this date allowed for un-reported erosion of the channel bank which in turn weakened the base of the levee, which weakened the flood wall and all came tumbling down.
I am sure maintenance dredging of the other outfall Canals took place since increased pumping capacity and flow rates are shown imply this same sceaniro took place on these canals in the Orleans East Unit.
The Department of the Army and all portions associated with public work projects should be cited in the malfeasance & liability suits and many should be in prison or sued personally for what happened to this area. Remember Division from mississippi gave NOD permission to misuse vertical control.
Monies are again being spent to redo what was done wrong in the beginning. Why is there no backbone in the legal profession but a few? Ashton, I hope you can reach in and glue their spine into a straight strong righteous group.
The lawsuit should have been filed somewhere around the time the NOD allowed the original approved project to be shelved and go with the current High Level Plan that did nothing but spend wasted funds.
The High Level Plan went into effect in the late 1980’s, but some of the existing errors were already 15+ years old and uncorrected. This plan also came into being when NOD decided to use the wrong vertical control.
Review the original plan and you will find that the proposed closures were to be used only while a hurricane was active and posed a threat to the area. They would have kept all surge from Lake pontchartrain and no dameage would have come from that body of water. That same approved project also placed pump stations at the lake avoiding the levees/flood walls that are now used on the outfall canals in Orleans parish.
If your an attorney and want to screw the hell out of your clients Washington Parish is the place to get it started. Those boys and girls have rode such a rodeo before. If you can get a venue changed to the Mississippi you can bend over to the Plaintiffs Defense attorneys just don’t forget the yk.
Washington Parish aka, Bog, aka Bogalusa, aka the town of Gaylord Inland owned and operated. The court system there stinks just like the rest of the town. Yo, sop gotta an order denying the dismissal of my awards publicly posted and written by none other than that wanta be skinhead judge Graves and crimes which would only affect those not in the federal judicial click. What’s my chance to ever see any of that? None,no notta. What’s that place again? past the boundaries of imagination lift your boots high you’ve just entered the Twilight Zone or is it the Zander Zone? I was taught living in MS. that it takes all kinds of people to fill the world, I’m just not certain these wealthy from my money dog like creatures qualify.