대형허리케인피해와 미국연방정부손해배상책임 관련판결례

Hurricane Katrina struck along the coast of the Gulf of Mexico on August 29, 2005, and it devastated some portions of Louisiana and Mississippi. Significant damage occurred when levees along three major canals ruptured in New Orleans, and it permitted water from the flooded canals to inundate the city. Approximately three quarters of the city was submerged in water at one point in Katrina's aftermath. The canals were built or run by the United States Army Corps of Engineers and there were some allegations that the federal agency negligently built and run the canals, which significantly contributed the devastating damages. In In re Katrina Canal Breaches Litigation,(2012 WL 4343775 (2012. 9. 24)) the Fifth Circuit denied of the Hurricane Katrina damage claims against the federal government. The court ruled that the United States Army Corps of Engineers'permit and management of canals were the discretionary function exception of the Federal Torts Claims Act. Hurricane Rita came ashore on September 24, 2005, and it directly hit Beaumont, Texas. The Federal Correctional Complex was located in Beaumont. The storm left the Federal Correction Complex with significant damage. Inmates from a high-security facility among the Federal Correctional Complex were not evacuated before or shortly after the hurricane's arrival according the federal officer' decision. The inmates alleged that they suffered physical and emotional injuries from neglect treatments of correction officers. In Spotts v. U.S(613 F.3d 559 (2010), Fifth Circuit also denied of the Hurricane Rita damage claims against the government. The two cases were based on FTCA claims and Bivens claims, and the Fifth Circuit denied the claims. The basic reasoning were very similar to the Korean Supreme Court's ruling relating to flood damage action in 2007.