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121-755: The Ferry has been in regular service since 1827. After Hurricane Katrina (2005) the ferry's schedule was changed, ending daily service at 8 p.m. (20:00) Urged by the New Orleans City Council and special interest groups, such as the citizens group Friends of the Ferry, the state extended hours again in August 2007. In 2009, the Jackson Avenue–Gretna ferry also operated through the Canal Street landing. The Ferry figures prominently in

242-616: A Commonwealth agency the legislation of NSW did not apply to it and further sought writs of prohibition attempting to restrain Mr. Henderson from pursuing the matter further. Up until this point the Commonwealth and its agencies claimed an unfettered immunity from state legislation and had used s. 109 to justify this position, specifically that the NSW Act was in conflict with the Act which created

363-550: A bottleneck at the Rigolets Pass, forcing it farther inland. The range of surge levels in eastern St. Tammany Parish is estimated at 13–16 feet (4.0–4.9 m), not including wave action. Hard-hit St. Bernard Parish was flooded because of breaching of the levees that contained a navigation channel called the Mississippi River Gulf Outlet (MR-GO) and the breach of the 40 Arpent canal levee that

484-506: A lieutenant governor the same benefits as the monarch and that, in her case, royal immunity would only apply to actions involving official state functions, not personal ones. She was eventually found guilty and sentenced to 18 months in jail, but was granted conditional release after serving six months. China has consistently claimed that a basic principle of international law is for states and their property to have absolute sovereign immunity. China objects to restrictive sovereign immunity. It

605-660: A mandatory evacuation was ordered for vulnerable housing in Martin County . Shelters were opened across the region. Officials closed the Miami International Airport , Fort Lauderdale–Hollywood International Airport , Key West International Airport , and Florida Keys Marathon Airport due to the storm. In Monroe and Collier counties, schools were closed, and a shelter was opened in Immokalee . On August 28, Alabama Governor Bob Riley declared

726-436: A massive national and international response effort, including federal, local, and private rescue operations to evacuate those displaced from the city in the following weeks. After the storm, multiple investigations concluded that the U.S. Army Corps of Engineers , which had designed and built the region's levees decades earlier, was responsible for the failure of the flood-control systems. However, federal courts later ruled that

847-518: A news conference at 10 am. EDT on August 28, shortly after Katrina was upgraded to a Category 5 storm, New Orleans mayor Ray Nagin ordered the first-ever mandatory evacuation of the city, calling Katrina "a storm that most of us have long feared". The city government also established several "refuges of last resort" for citizens who could not leave the city, including the massive Louisiana Superdome , which sheltered approximately 26,000 people and provided them with food and water for several days as

968-522: A peninsula between the Back Bay and the coast, was particularly hard hit, especially the low-lying Point Cadet area. In Jackson County, storm surge flowed up the wide river estuary , with the combined surge and freshwater flooding cutting the county in half. Remarkably, over 90% of Pascagoula, the easternmost coastal city in Mississippi, and about 75 miles (120 km) east of Katrina's landfall near

1089-432: A person succeeds in any way against their sovereign or state, they and the judgment may find themselves without means of enforcement. Separation of powers or natural justice coupled with a political status other than a totalitarian state dictates there be broad exceptions to immunity such as statutes which expressly bind the state (a prime example being constitutional laws ) and judicial review . Sovereign immunity of

1210-478: A result of Hurricane Katrina and two people died in a traffic accident in the state. Residents in some areas, such as Selma, were without power for several days. Northern and central Georgia were affected by heavy rains and strong winds from Hurricane Katrina as the storm moved inland, with more than 3 inches (76 mm) of rain falling in several areas. At least 18 tornadoes formed in Georgia on August 29, 2005,

1331-548: A result of Hurricane Katrina. Katrina's storm surge inundated all parishes surrounding Lake Pontchartrain, including St. Tammany , Tangipahoa, St. John the Baptist , and St. Charles Parishes. St. Tammany Parish received a two-part storm surge. The first surge came as Lake Pontchartrain rose and the storm blew water from the Gulf of Mexico into the lake. The second came as the eye of Katrina passed, westerly winds pushed water into

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1452-697: A similar type of protection afforded to many high-ranking civil servants and politicians in Spain. The legislation stipulates that all outstanding legal matters relating to the former king be suspended and passed "immediately" to the supreme court. By the Constitution of Sri Lanka , the President of Sri Lanka has sovereign immunity (during the period of office). Chapter 5, Article 8 of the Swedish Constitution states: "The King or Queen who

1573-401: A sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies , the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by

1694-606: A state entity may be waived. A state entity may waive its immunity by: There is no automatic Crown immunity in Australia, and the Australian Constitution does not establish a state of unfettered immunity of the Crown in respect of the states and the Commonwealth. The Constitution of Australia establishes matters on which the states and the Commonwealth legislate independently of each other; in practice this means

1815-667: A state law applies to the Commonwealth and vice versa: If these three tests are satisfied, then the Act binds the Crown in respect of the Commonwealth. In Australia, there is no clear automatic Crown immunity or lack of it; as such there is a rebuttable presumption that the Crown is not bound by a statute, as noted in Bropho v State of Western Australia . The Crown's immunity may also apply to other parties in certain circumstances, as held in Australian Competition and Consumer Commission v Baxter Healthcare . Article 88 of

1936-415: A state of emergency for the approaching Hurricane Katrina. On the same day, he requested President Bush to declare "expedited major disaster declaration" for six counties of South Alabama, which was quickly approved. Three hundred fifty national guardsmen were called on duty by August 30. The state of Mississippi activated its National Guard on August 26 in preparation for the storm's landfall. Additionally,

2057-511: A state of emergency in selected regions of Louisiana, Alabama, and Mississippi on August 27. "On Sunday, August 28, President Bush spoke with Governor Blanco to encourage her to order a mandatory evacuation of New Orleans." However, during the testimony by former Federal Emergency Management Agency (FEMA) chief Michael Brown before a U.S. House subcommittee on September 26, Representative Stephen Buyer (R-IN) inquired as to why Bush's declaration of state of emergency of August 27 had not included

2178-630: A strong Category 3 hurricane. Although the storm surge to the east of the path of the eye in Mississippi was higher, a significant surge affected the Louisiana coast. The height of the surge is uncertain because of a lack of data, although a tide gauge in Plaquemines Parish indicated a storm tide in excess of 14 feet (4.3 m), and a 12-foot (3.7 m) storm surge was recorded in Grand Isle . The hurricane made its final landfall near

2299-542: A traffic accident. Eastern Arkansas received light rain from the passage of Katrina. Gusty winds downed some trees and power lines, though damage was minimal. Katrina also caused a number of power outages in many areas, with over 100,000 customers affected in Tennessee , primarily in the Memphis and Nashville areas. Sovereign immunity Philosophers Works Sovereign immunity , or crown immunity ,

2420-516: Is Head of State cannot be prosecuted for his or her actions. Nor can a Regent be prosecuted for his or her actions as Head of State." This only concerns the King as a private person, since he does not appoint the government, nor do any public officials act in his name. It does not concern other members of the Royal Family, except in such cases as they are exercising the office of Regent when the King

2541-404: Is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution , strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that

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2662-500: Is almost impossible to determine the exact cause of some of the fatalities. A 2008 report by the Disaster Medicine and Public Health Preparedness journal indicates that 966 deaths can be directly attributed to the storm in Louisiana, including out of state evacuees, and another 20 indirectly (such as firearm-related deaths and gas poisoning). Due to uncertain causes of death with 454 evacuees, an upper-bound of 1,440

2783-486: Is binding on His Majesty or affects His Majesty or His Majesty's rights or prerogatives in any manner, unless the enactment expressly states that it binds His Majesty." However, in more recent times "all Canadian provinces ... and the federal government (the Crown Liability Act ) have now rectified this anomaly by passing legislation which leaves the Crown liable in tort as a normal person would be. Thus,

2904-578: Is held that a state can waive its immunity by voluntarily stating so, but that should a government intervene in a suit (e.g. to make protests), it should not be viewed as waiver of immunity. Chinese state-owned companies considered instrumental to the state have claimed sovereign immunity in lawsuits brought against them in foreign courts before. China's view is that sovereign immunity is a lawful right and interest that their enterprises are entitled to protect. Some examples of Chinese state-owned companies that have claimed sovereign immunity in foreign lawsuits are

3025-457: Is no ambiguity about the first aspect of this declaration about binding the Crown with respect to the state in question, there have been several cases about the interpretation of the second aspect extending it to the Crown in its other capacities. Rulings by the High Court of Australia on specific matters of conflict between the application of states laws on Commonwealth agencies have provided

3146-535: Is no such restriction; people may step out of their vehicles or remain inside them. Also, letters marking the two terminals "CANAL ST" and "ALGIERS" were temporarily erected on the terminal roofs during filming. 29°57′04″N 90°03′32″W  /  29.951°N 90.059°W  / 29.951; -90.059 Hurricane Katrina Hurricane Katrina was a powerful and devastating tropical cyclone that caused 1,392 fatalities and damages estimated at $ 125 billion in late August 2005, particularly in

3267-689: Is noted in the paper. A follow-up study by the Louisiana Department of Health & Hospitals determined that the storm was directly responsible for 1,170 fatalities in Louisiana. Federal disaster declarations covered 90,000 square miles (230,000 km ) of the United States, an area almost as large as the United Kingdom. The hurricane left an estimated three million people without electricity. On September 3, 2005, Homeland Security Secretary Michael Chertoff described

3388-516: Is personally immune from prosecution for acts committed by government ministers in the King's name, according to Title II, Section 56, Subsection 3 of the Spanish Constitution of 1978 . The person of the King is inviolable and shall not be held accountable. His acts shall always be countersigned in the manner established in section 64. Without such countersignature they shall not be valid, except as provided under section 65(2). At

3509-417: Is sought in the foreign court in relation to an application to enforce a foreign judgment or arbitral award, or when execution is sought against assets in the foreign state. This means that sovereign states are absolutely immune to the jurisdiction of Hong Kong courts, including in commercial claims, unless the state waives its immunity. In order to waive immunity, there must be express, unequivocal submission to

3630-744: The Aviation Industry Corporation of China (AVIC) and China National Building Material . In 2011, the Hong Kong Court of Final Appeal ruled that absolute sovereign immunity applies in Hong Kong, as the Court found that Hong Kong, as a Special Administrative Region of China, could not have policies on state immunity that were inconsistent with China. The ruling was an outcome of the Democratic Republic of

3751-470: The Constitution of Belgium states: "The King's person is inviolable ; his ministers are accountable." According to the constitution of Bhutan, the monarch is not answerable in a court of law for his or her actions. Canada inherited the common law version of Crown immunity from British law. However, over time, the scope of Crown immunity has been steadily reduced by statute law. As of 1994, section 14 of Alberta's Interpretation Act states, "no enactment

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3872-437: The Constitution of Iceland the president can only be held accountable and be prosecuted with the consent of parliament. According to Article 361 of the Constitution of India no legal action in the court of law can be taken against President of India and the governors of states of India as long as that person is holding either office. However, they can be impeached and then sued for their actions. In Byrne v. Ireland ,

3993-603: The Emperor because he is "the symbol of the State and of the unity of the people". In Malaysia , an amendment to the constitution in 1993 made it possible to bring proceedings against the king or any ruler of a component state in the Special Court. This was previously impossible because every ruler of Malaysia was stated to be protected from being brought to court due to their royal status. Since 1848, article 42 of

4114-519: The Gulf of Mexico on August 26 and rapidly intensified . The storm strengthened into a Category 5 hurricane over the warm waters of the Gulf of Mexico before weakening to a high-end Category 3 hurricane at its second landfall on August 29 over southeast Louisiana and Mississippi . The largest loss of life in Hurricane Katrina was due to flooding caused by engineering flaws in

4235-539: The Lesser Antilles . On August 23, the disturbance organized into Tropical Depression Twelve over the southeastern Bahamas. The storm strengthened into Tropical Storm Katrina on the morning of August 24. The tropical storm moved towards Florida and became a hurricane only two hours before making landfall between Hallandale Beach and Aventura on the morning of August 25. The storm weakened over land, but it regained hurricane status about one hour after entering

4356-504: The Loop Current , from a Category 3 hurricane to a Category 5 hurricane in just nine hours. After attaining Category 5 hurricane status on the morning of August 28, Katrina reached its peak strength at 1800 UTC , with maximum sustained winds of 175 mph (280 km/h) and a minimum central pressure of 902  mbar (26.6  inHg ). The pressure measurement made Katrina the fifth most intense Atlantic hurricane on record at

4477-701: The Miami metropolitan area , with a peak total of 16.43 in (417 mm) in Perrine . As a result, local flooding occurred in Miami-Dade County , damaging approximately 100 homes. Farther south in the Florida Keys, a tornado was spawned in Marathon on August 26. The tornado damaged a hangar at the airport there and caused an estimated $ 5 million in damage. The rains caused flooding, and

4598-668: The Supreme Court of Ireland declared that sovereign immunity had not survived the creation of the Irish Free State in 1922, and that accordingly the state could be sued for and held vicariously liable for the acts and omissions of its servants and agents. According to the Constitution , a President of the Italian Republic is not accountable, and is not responsible for any act of their office, unless they have committed high treason or attempted to subvert

4719-540: The United States Coast Guard (USCG), National Hurricane Center (NHC), and National Weather Service (NWS), were commended for their actions, with the NHC being particularly praised for its accurate forecasts well in advance. Katrina was the earliest 11th named storm on record before being surpassed by Tropical Storm Kyle on August 14, 2020. The destruction and loss of life caused by the storm prompted

4840-549: The federally built levee system protecting metro New Orleans and the failure of the 40 Arpent Canal levee. Failures occurred in New Orleans and surrounding communities, especially St. Bernard Parish. The Mississippi River Gulf Outlet (MR-GO) breached its levees in approximately 20 places, flooding much of eastern New Orleans, most of St. Bernard Parish and the East Bank of Plaquemines Parish . The major levee breaches in

4961-578: The honor and prestige of the President (Art. 278), and until 2006 it was an offence to publicly give the President responsibility for actions of the Government (Art. 279 – abrogated ). Article 17 of the Constitution of Japan states: "Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official." The State Redress Act ( 国家賠償法 , kokka baishōhō )

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5082-488: The monarch cannot be prosecuted or sued in his or her personal capacity, but this immunity does not extend to the state as such. Neither does immunity extend to the monarch in his capacity as an owner or stakeholder in real property, or as an employer, provided that the suit does not allege personal responsibility for the monarch. Article XVI, Section 3 of the 1987 Constitution currently in force states: "The State may not be sued without its consent." The Spanish monarch

5203-424: The 2006 film Déjà Vu . A major plot point in the film involves a fictional terrorist attack on the Ferry. Pyrotechnics and special effects simulated one of the ferry boats being blown up. Some aspects of the depiction of the Ferry in the film are contrary to real life. Notably in the film people driving on to the Ferry are required to leave their cars and go to the upper level during transit. In real life there

5324-657: The Bay St. Louis–Pass Christian bridge, and the Biloxi– Ocean Springs bridge. In addition, the eastbound span of the I-10 bridge over the Pascagoula River estuary was damaged. In the weeks after the storm, with the connectivity of the coastal U.S. Highway 90 shattered, traffic traveling parallel to the coast was reduced first to State Road 11 (parallel to I-10) then to two lanes on the remaining I-10 span when it

5445-636: The Cochrane Bridge just outside Mobile. No significant damage resulted to the bridge and it was soon reopened. The damage on Dauphin Island was severe, with the surge destroying many houses and cutting a new canal through the western portion of the island. An offshore oil rig also became grounded on the island. As in Mississippi, the storm surge caused significant beach erosion along the Alabama coastline. More than 600,000 people lost power in Alabama as

5566-568: The Congo v FG Hemisphere Associates case in 2011. The Democratic Republic of the Congo and its state-owned electricity company Société nationale d'électricité (SNEL) defaulted on payments of a debt owed to an energy company, Energoinvest . During arbitration, Energoinvest was awarded damages against the Congolese government and SNEL. This was reassigned by Energoinvest to FG Hemisphere Associates LLC. FG Hemisphere subsequently learned that

5687-499: The Congolese government entered into a separate joint venture with Chinese companies later, in which the Congolese government would be paid US$ 221 million in mining entry fees. As a result, FG Hemisphere applied to collect these fees in order to enforce the earlier arbitral award. The Congolese government asserted sovereign immunity in the legal proceedings. This was eventually brought to the Hong Kong Court of Final Appeal, when

5808-501: The Congolese government fought to overturn an earlier Court of Appeal decision which had ruled that: The Hong Kong Court of Final Appeal ruled 3:2 that the Congolese government had not waived its immunity in the Hong Kong courts, and that as a Special Administrative Region of China, Hong Kong could not have policies on state immunity that were inconsistent with China's. Therefore, the doctrine of sovereign immunity applied in Hong Kong should be absolute, and may be invoked when jurisdiction

5929-587: The Constitution, as stated in Article 90: The President of the Republic is not responsible for the actions performed in the exercise of presidential duties, except in the case of high treason or violation of the Constitution. In such cases, the President may be impeached by Parliament in joint session, with an absolute majority of its members. The Italian Penal Code makes it a criminal offence to insult

6050-714: The Corps could not be held financially liable due to sovereign immunity in the Flood Control Act of 1928 . The emergency response from federal, state, and local governments was widely criticized, leading to the resignation of Federal Emergency Management Agency (FEMA) director Michael D. Brown and New Orleans Police Department (NOPD) Superintendent Eddie Compass . Many other government officials faced criticism for their responses, especially New Orleans Mayor Ray Nagin , Louisiana Governor Kathleen Blanco , and President George W. Bush . However, several agencies, such as

6171-520: The DHA and s. 109 of the constitution applied. Mr. Henderson took the case to the High Court and a panel of seven justices to arbitrate the matter. By a majority decision of six to one the court ruled that the DHA was bound by the NSW Act on the basis that the NSW Act did not limit, deny or restrict the activities of the DHA but sought to regulate them, an important distinction which was further explained in

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6292-593: The Dominion." It has also been a constitutional convention that the Crown in right of each province is immune from the jurisdiction of the courts in other provinces. However, this is now in question. Lieutenant governors do not enjoy the same immunity as the sovereign in matters not relating to the powers of the office. In 2013, the Supreme Court refused to hear the request of former Lieutenant Governor of Quebec Lise Thibault to have charges against her dropped. She

6413-603: The Dutch constitution states: "The king is immune from prosecution; the ministers are responsible". Section 308 of the Nigerian constitution of 1999 provides immunity from court proceedings, i.e., proceedings that will compel their attendance in favour of elected executive officers, namely the President and his vice and the governors of the states and the deputies. This immunity extends to acts done in their official capacities so that they are not responsible for acts done on behalf of

6534-576: The Gulf Coast had been shut down, including all freight and Amtrak rail traffic into the evacuation areas as well as the Waterford Nuclear Generating Station . Since Hurricane Katrina, Amtrak's Sunset Limited service has never been restored past New Orleans. In Louisiana, the state's hurricane evacuation plan calls for local governments in areas along and near the coast to evacuate in three phases, starting with

6655-597: The Gulf Coast were covered under a voluntary or mandatory evacuation order. On the afternoon of August 26, the National Hurricane Center (NHC) realized that Katrina had yet to make the turn toward the Florida Panhandle and ended up revising the predicted track of the storm from the panhandle to the Mississippi coast. The National Weather Service's New Orleans/Baton Rouge office issued a vividly worded bulletin on August 28 predicting that

6776-469: The Gulf of Mexico, and it continued strengthening over open waters. On August 27, the storm reached Category 3 intensity on the Saffir-Simpson hurricane wind scale , becoming the third major hurricane of the season. An eyewall replacement cycle disrupted the intensification but caused the storm to nearly double in size. Thereafter, Katrina rapidly intensified over the "unusually warm" waters of

6897-827: The I-10 Twin Span Bridge traveling eastbound towards Slidell, Louisiana had collapsed. Both the Lake Pontchartrain Causeway and the Crescent City Connection only carried emergency traffic. However, access to downtown New Orleans and the "shelter of last resort" at the Convention Center was never closed because River Road in Jefferson Parish and Leake Avenue and Tchoupitoulas Street in New Orleans were not flooded, and would have allowed access throughout

7018-468: The King, or to whom He to that decrees." The president of the Republic of Finland has immunity from prosecution according to Article 113 of the Constitution, which applies to his official activities. If he is suspect of treason, treason or a crime against humanity in the course of his official duties, the parliament can, with a 3 ⁄ 4 majority, decide to bring charges to the national court. The president cannot be charged for other crimes committed in

7139-640: The Louisiana-Mississippi border was flooded from storm surge at the height of the storm. Other large Jackson County neighborhoods such as Porteaux Bay and Gulf Hills were severely damaged with large portions being completely destroyed, and St. Martin was hard hit; Ocean Springs, Moss Point , Gautier and Escatawpa also suffered major surge damage. Mississippi Emergency Management Agency officials also recorded deaths in Forrest , Hinds , Warren , and Leake counties. Over 900,000 people throughout

7260-476: The Miami area. Cruise ships altered their paths due to seaports in southeastern Florida closing. Officials in Miami-Dade County advised residents in mobile homes or with special needs to evacuate. To the north in Broward County, residents east of the Intracoastal Waterway or in mobile homes were advised to leave their homes. Evacuation orders were issued for offshore islands in Palm Beach County , and for residents in mobile homes south of Lantana Road. Additionally,

7381-454: The New Orleans region prior to the mandatory evacuation. Aircrews from the Aviation Training Center, in Mobile, staged rescue aircraft from Texas to Florida. All aircraft were returning towards the Gulf of Mexico by the afternoon of August 29. Aircrews , many of whom lost their homes during the hurricane, began a round-the-clock rescue effort in New Orleans, and along the Mississippi and Alabama coastlines. President George W. Bush declared

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7502-526: The Superdome, only six deaths were confirmed there, with four of these originating from natural causes , one from a drug overdose, and one a suicide. At the Convention Center, four bodies were recovered. One of the four is believed to be the result of a homicide. There is evidence that many prisoners were abandoned in their cells during the storm, while the guards sought shelter. Hundreds of prisoners were later registered as "unaccounted for". The Gulf coast of Mississippi suffered extremely severe damage from

7623-409: The U.S. Dept. of Housing and Urban Development, in St. Bernard Parish, 81% (20,229) of the housing units were damaged. In St. Tammany Parish, 70% (48,792) were damaged and in Plaquemines Parish 80% (7,212) were damaged. In addition, the combined effect of Hurricanes Katrina and Rita was the destruction of an estimated 562 square kilometres (217 sq mi) of coastal wetlands in Louisiana. As

7744-425: The United States. The death toll from Katrina is uncertain, with reports differing by hundreds. According to the National Hurricane Center, 1,836 fatalities can be attributed to the storm: one in Kentucky , two each in Alabama, Georgia , and Ohio , 14 in Florida, 238 in Mississippi, and 1,577 in Louisiana. However, 135 people remain categorized as missing in Louisiana, and many of the deaths are indirect, but it

7865-463: The aftermath of Hurricane Katrina as "probably the worst catastrophe or set of catastrophes" in the country's history, referring to the hurricane itself plus the flooding of New Orleans. Even in 2010, debris remained in some coastal communities. Before striking South Florida, Katrina traversed the Bahamas as a tropical storm. However, minimal impact was reported, with only "fresh breezes" on various islands. Although Hurricane Katrina stayed well to

7986-463: The airport on September 13 and regular carrier operations resumed in early October. Levee breaches in New Orleans also caused a significant number of deaths, with over 700 bodies recovered in New Orleans by October 23, 2005. Some survivors and evacuees reported seeing dead bodies lying in city streets and floating in still-flooded sections, especially in the east of the city. The advanced state of decomposition of many corpses, some of which were left in

8107-433: The arbitration of a dispute between Mr. Henderson and the Defence Housing Authority (DHA). Mr. Henderson owned a house which the DHA had leased to provide housing to members of the Australian Defence Force (ADF). Under the NSW Residential Tenancies Act 1997 , Mr. Henderson sought orders from the Residential Tenancies Tribunal to enter the premises for the purposes of conducting inspections. In response, DHA claimed that as

8228-463: The area would be "uninhabitable for weeks" after "devastating damage" caused by Katrina, which at that time rivaled the intensity of Hurricane Camille . During video conferences involving the president later that day and on August 29, NHC director Max Mayfield expressed concern that Katrina might push its storm surge over the city's levees and flood walls. In one conference, he stated, "I do not think anyone can tell you with confidence right now whether

8349-477: The center and the storm's central pressure was 920 mbar (27 inHg). After moving over southeastern Louisiana and Breton Sound , it made its third and final landfall near the Louisiana–Mississippi border with 120 mph (190 km/h) sustained winds, still at a mid-range Category 3 hurricane intensity. Katrina maintained strength well into Mississippi, finally losing hurricane strength more than 150 miles (240 km) inland near Meridian, Mississippi . It

8470-406: The city included breaches at the 17th Street Canal levee, the London Avenue Canal , and the wide, navigable Industrial Canal , which left approximately 80% of the city flooded. Most of the major roads traveling into and out of the city were damaged. The only major intact highway routes out of the city were the westbound Crescent City Connection and the Huey P. Long Bridge, as large portions of

8591-476: The city of New Orleans and its surrounding area. It is tied with Hurricane Harvey as being the costliest tropical cyclone in the Atlantic basin . Katrina was the twelfth tropical cyclone, the fifth hurricane, and the third major hurricane of the 2005 Atlantic hurricane season . It was also the fourth-most intense Atlantic hurricane to make landfall in the contiguous United States , gauged by barometric pressure. Katrina formed on August 23, 2005, with

8712-484: The city. A June 2007 report by the American Society of Civil Engineers indicated that two-thirds of the flooding was caused by the multiple failures of the city's floodwalls. The storm surge also devastated the coasts of Mississippi and Alabama, making Katrina one of the most destructive hurricanes, the costliest natural disaster in the history of the United States (tied with Hurricane Harvey in 2017), and

8833-495: The coastal communities of Clermont Harbor and Waveland, much of Bay St. Louis, and flowed up the Jourdan River, flooding Diamondhead and Kiln . In Harrison County, Pass Christian was completely inundated, along with a narrow strip of land to the east along the coast, which includes the cities of Long Beach and Gulfport; the flooding was more extensive in communities such as D'Iberville, which borders Back Bay. Biloxi , on

8954-410: The coastal parishes of Orleans, Jefferson, and Plaquemines. The declaration actually did not include any of Louisiana's coastal parishes, whereas the coastal counties were included in the declarations for Mississippi and Alabama . Brown testified that this was because Louisiana Governor Blanco had not included those parishes in her initial request for aid, a decision that he found "shocking". After

9075-615: The combination of rains and winds downed trees and power lines, leaving 1.45 million people without power. Damage in South Florida was estimated at $ 523 million, mostly as a result of crop damage. Twelve deaths occurred in South Florida, of which three were caused by downed trees in Broward County, three from drowning in Miami-Dade County, three were from carbon monoxide poisoning caused by generators, one

9196-401: The computer models had shifted the potential path of Katrina 150 miles (240 km) westward from the Florida Panhandle, putting the city of New Orleans directly in the center of their track probabilities; the chances of a direct hit were forecast at 17%, with strike probability rising to 29% by August 28. This scenario was considered a potential catastrophe because some parts of New Orleans and

9317-601: The deadliest hurricane since the 1928 Okeechobee hurricane . The total damage from Katrina is estimated at $ 125 billion (2005 U.S. dollars). However, in February 2021, a severe winter storm struck the United States, causing a major power failure in Houston, which caused at least $ 195 billion (2021 USD) in damage in Texas. It surpassed both Katrina and Harvey to become the single-costliest natural disaster recorded in

9438-494: The executive's authority; though any person wishing to question such authority shall not, by taking the case to the courts of justice, avoid temporary compliance with orders given by the executive authority." Furthermore, no other member of the royal family can be prosecuted for any crime under Article 25 of the old absolutist constitution Lex Regia (The King's Law), currently still valid, which states: "They shall answer to no magistrate judges, but their first and last Judge shall be

9559-445: The extent of the inconsistency, be invalid." Based on this, depending on the context of application and whether a particular statute infringes on the executive powers of the state or the Commonwealth the Crown may or may not be immune from any particular statute. Many Acts passed in Australia, both at the state and at the federal level, contain a section declaring whether the Act binds the Crown, and, if so, in what respect: While there

9680-444: The eye of Hurricane Katrina swept to the northeast, it subjected the city to hurricane conditions for hours. Although power failures prevented accurate measurement of wind speeds in New Orleans, there were a few measurements of hurricane-force winds; based on this information, the NHC concluded that much of the city likely experienced sustained winds of Category 1 or 2 hurricane strength. Katrina's storm surge caused 53 levee breaches in

9801-457: The flood protection system, particularly the levees around the city of New Orleans. 80% of the city, as well as large areas in neighboring parishes , were flooded for weeks. The flooding destroyed most of New Orleans's transportation and communication facilities, leaving tens of thousands of people who did or could not evacuate the city before landfall with little access to food, shelter, and other necessities. The disaster in New Orleans prompted

9922-401: The government; their responsibility shall be determined by Statute. Accordingly, the monarch cannot be sued in his or her personal capacity. On the other hand, this immunity from lawsuits does not extend to the state as such and article 63 explicitly authorises the courts to judge the executive authority: "The courts of justice shall be empowered to decide any question relating to the scope of

10043-486: The hearing, Blanco released a copy of her letter, which showed she had requested assistance for "all the southeastern parishes including the City of New Orleans" as well as specifically named 14 parishes, including Jefferson, Orleans, St. Bernard, and Plaquemines. Voluntary and mandatory evacuations were issued for large areas of southeast Louisiana as well as coastal Mississippi and Alabama. About 1.2 million residents of

10164-551: The hotel's glass exterior was completely sheared off. The Superdome , which was sheltering many people who had not evacuated, sustained significant damage. Two sections of the Superdome's roof were compromised and the dome's waterproof membrane was essentially peeled off. Louis Armstrong New Orleans International Airport was closed before the storm but did not flood. On August 30, it was reopened to humanitarian and rescue operations. Limited commercial passenger service resumed at

10285-967: The immediate coast 50 hours before the start of tropical-storm-force winds. Persons in areas designated Phase II begin evacuating 40 hours before the onset of tropical storm winds and those in Phase III areas (including New Orleans) evacuate 30 hours before the start of such winds. Many private caregiving facilities that relied on bus companies and ambulance services for evacuation were unable to evacuate their charges because they waited too long. Louisiana's Emergency Operations Plan Supplement 1C (Part II, Section II, Paragraph D) calls for use of school and other public buses in evacuations. Although buses that later flooded were available to transport those dependent on public transportation, not enough bus drivers were available to drive them since Governor Blanco did not sign an emergency waiver to allow any licensed driver to transport evacuees on school buses. By August 26, many of

10406-483: The immediate post-storm emergency period. On August 29, at 7:40 am. CDT, it was reported that most of the windows on the north side of the Hyatt Regency New Orleans had been blown out, and many other high rise buildings had extensive window damage. The Hyatt was the most severely damaged hotel in the city, with beds reported to be flying out of the windows. Insulation tubes were exposed as

10527-441: The impact of Hurricane Katrina on August 29, leaving 238 people dead, 67 missing, and billions of dollars in damage: bridges, barges, boats, piers, houses, and cars were washed inland. Katrina traveled up the entire state; as a result, all 82 counties in Mississippi were declared disaster areas for federal assistance, 47 for full assistance. After making a brief initial landfall in Louisiana, Katrina had made its final landfall near

10648-450: The interpretation that the Crown in all of its other capacities includes the Commonwealth, therefore if a state Act contains this text then the Act may bind the Commonwealth, subject to the s. 109 test of inconsistency. A landmark case which set a precedent for challenging broad Crown immunity and established tests for the applicability of state laws on the Commonwealth was Henderson v Defence Housing Authority in 1997. This case involved

10769-411: The jurisdiction of the Hong Kong courts "in the face of the court". Claimants should establish that the state party has waived their entitlement to immunity at the relevant stage, before proceedings can occur in court. Article 13 of the Constitution of Denmark states: The King shall not be answerable for his actions; his person shall be sacrosanct. The Ministers shall be responsible for the conduct of

10890-468: The levees will be topped or not, but that's obviously a very, very great concern." In Florida, Governor Jeb Bush declared a state of emergency on August 24 in advance of Hurricane Katrina's landfall. By the following day, Florida's Emergency Operations Center was activated in Tallahassee to monitor the progress of the hurricane. Before Katrina moved ashore, schools and businesses were closed in

11011-464: The majority of the state. Katrina caused eleven tornadoes in Mississippi on August 29, some of which damaged trees and power lines. Battered by wind, rain and storm surge, some beachfront neighborhoods were completely leveled. Preliminary estimates by Mississippi officials calculated that 90% of the structures within half a mile of the coastline were completely destroyed, and that storm surges traveled as much as 6 miles (10 km) inland in portions of

11132-399: The merger of a tropical wave and the remnants of Tropical Depression Ten . Early the following day, the depression intensified into a tropical storm and headed generally westward toward Florida. On August 25, two hours before making landfall at Hallandale Beach , it strengthened into a hurricane. After briefly weakening to tropical storm strength over southern Florida, Katrina entered

11253-399: The metro area are below sea level. Since the storm surge produced by the hurricane's right-front quadrant (containing the strongest winds) was forecast to be 28 feet (8.5 m), while the levees offered protection to 23 feet (7.0 m), emergency management officials in New Orleans feared that the storm surge could go over the tops of levees protecting the city, causing major flooding. At

11374-462: The most on record in that state for one day in August. The most serious of these tornadoes was an F2 tornado which affected Heard County and Carroll County . This tornado caused three injuries and one fatality and damaged several houses. The other tornadoes caused significant damages to buildings and agricultural facilities. In addition to the fatality caused by the F2 tornado, there was another fatality in

11495-487: The mouth of the Pearl River , with the eye straddling St. Tammany Parish, Louisiana , and Hancock County, Mississippi , on the morning of August 29 at about 9:45 am. CDT. Hurricane Katrina also brought heavy rain to Louisiana, with 8–10 inches (200–250 mm) falling on a wide swath of the eastern part of the state. In the area around Slidell , the rainfall was even higher, and the highest rainfall recorded in

11616-709: The name Katrina to be retired by the World Meteorological Organization in April 2006. On January 4, 2023, the National Hurricane Center (NHC) updated the Katrina fatality data based on a report by Rappaport (2014) which reduced the number from an estimated 1,833 to 1,392. Hurricane Katrina originated from the merger of a tropical wave and the mid-level remnants of Tropical Depression Ten on August 19, 2005, near

11737-571: The north of Cuba , on August 28 it brought tropical-storm-force winds and rainfall of over 8 in (200 mm) to western regions of the island. Telephone and power lines were damaged and around 8,000 people were evacuated in the Pinar del Río Province . According to Cuban television reports the coastal town of Surgidero de Batabanó was 90% underwater. Hurricane Katrina first made landfall between Hallandale Beach and Aventura, Florida on August 25. The storm dropped heavy rainfall in portions of

11858-634: The northwestern portion of the state, though none of them caused significant damage. Throughout the Florida Panhandle, the storm resulted in an estimated $ 100 million in damage. There were two indirect fatalities from Katrina in Walton County as a result of a traffic accident. In the Florida Panhandle, 77,000 customers lost power. Overall, the hurricane killed 14 people and caused at least $ 623 million in damage. On August 29, 2005, Hurricane Katrina made landfall near Buras-Triumph, Louisiana , with 125 mph (200 km/h) winds, as

11979-493: The performance of his duties. Notwithstanding the foregoing, the president remains accountable in front of law for acts outside of his office in the same way as other citizens. The Holy See , of which the current pope is head (often referred to by metonymy as the Vatican or Vatican City State , a distinct entity), claims sovereign immunity for the pope, supported by many international agreements. According to article 11 of

12100-482: The popular legal maxim rex non potest peccare , meaning "the king can do no wrong". There are two forms of sovereign immunity: Immunity from suit means that neither a sovereign/head of state in person nor any in absentia or representative form (nor to a lesser extent the state) can be a defendant or subject of court proceedings, nor in most equivalent forums such as under arbitration awards and tribunal awards/damages. Immunity from enforcement means that even if

12221-530: The rulings of several of the justices. It was ruled that the NSW Act was one of general application and therefore the Crown (in respect of the Commonwealth) could not be immune from it, citing other cases in which the same ruling had been made and that it was contrary to the rule of law. As a result of this case, the Commonwealth cannot claim a broad constitutional immunity from state legislation. In practice, three tests have been developed to determine whether

12342-457: The state experienced power outages. Although Hurricane Katrina made landfall well to the west, Alabama and the Florida Panhandle were both affected by tropical-storm-force winds and a storm surge varying from 12 to 16 feet (3.7–4.9 m) around Mobile Bay , with higher waves on top. Sustained winds of 67 mph (108 km/h) were recorded in Mobile, Alabama , and the storm surge there

12463-479: The state government activated its Emergency Operations Center the next day, and local governments began issuing evacuation orders. By 6:00 p.m. CDT on August 28, 11 counties and cities issued evacuation orders, a number which increased to 41 counties and 61 cities by the following morning. Moreover, 57 emergency shelters were established on coastal communities, with 31 additional shelters available to open if needed. By Sunday, August 28, most infrastructure along

12584-446: The state line, and the eyewall passed over the cities of Bay St. Louis and Waveland as a Category 3 hurricane with sustained winds of 120 mph (190 km/h). Katrina's powerful right-front quadrant passed over the west and central Mississippi coast, causing a powerful 27-foot (8.2 m) storm surge, which penetrated 6 miles (10 km) inland in many areas and up to 12 miles (19 km) inland along bays and rivers; in some areas,

12705-476: The state was approximately 15 inches (380 mm). As a result of the rainfall and storm surge the level of Lake Pontchartrain rose and caused significant flooding along its northeastern shore, affecting communities from Slidell to Mandeville . Several bridges were destroyed, including the I-10 Twin Span Bridge connecting Slidell to New Orleans. Almost 900,000 people in Louisiana lost power as

12826-515: The state's coast. One apartment complex with approximately thirty residents seeking shelter inside collapsed. More than half of the 13 casinos in the state, which were floated on barges to comply with Mississippi land-based gambling laws, were washed hundreds of yards inland by waves. A number of streets and bridges were washed away. On U.S. Highway 90 along the Mississippi Gulf Coast, two major bridges were completely destroyed:

12947-458: The state. However, this immunity does not extend to acts done in abuse of the powers of their office of which they are liable upon the expiration of their tenure. It is important to note that the judiciary has absolute immunity for actions decisions taken in their official capacity. Article 5 of the Constitution of Norway states: "The King's person is sacred; he cannot be censured or accused. The responsibility rests with his Council." Accordingly,

13068-411: The states legislate on some things and the Commonwealth legislates on others. In some circumstances, this can create ambiguity as to the applicability of legislation where there is no clearly established Crown immunity. The Australian Constitution does however, in s. 109 , declare that, "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to

13189-484: The storm came ashore. Some estimates claimed that 80% of the 1.3 million residents of the greater New Orleans metropolitan area evacuated, leaving behind substantially fewer people than remained in the city during the Hurricane Ivan evacuation. On August 29, 2005, Katrina's storm surge caused 53 breaches to various flood protection structures in and around the greater New Orleans area, submerging 80% of

13310-614: The surge crossed Interstate 10 for several miles. Hurricane Katrina brought strong winds to Mississippi, which caused significant tree damage throughout the state. The highest unofficial reported wind gust recorded from Katrina was one of 135 mph (217 km/h) in Poplarville , in Pearl River County . The storm also brought heavy rains with 8–10 inches (200–250 mm) falling in southwestern Mississippi and rain in excess of 4 inches (100 mm) falling throughout

13431-511: The time of the June 2014 abdication of King Juan Carlos the Spanish constitution did not state whether an abdicated monarch retains his legal immunity, but the government was planning to make changes to allow this. Legislation has been passed, although unlike his previous immunity, the new legislation does not completely shield the former sovereign. Juan Carlos must answer to the supreme court, in

13552-546: The time, only to be surpassed by Hurricanes Rita and Wilma later in the season; it was also the strongest hurricane ever recorded in the Gulf of Mexico at the time, before Rita broke the record. The hurricane subsequently weakened due to another eyewall replacement cycle, and Katrina made its second landfall at 1110 UTC on August 29, as a high-end Category 3 hurricane with sustained winds of 125 mph (201 km/h), near Buras-Triumph, Louisiana . At landfall, hurricane-force winds extended outward 120 miles (190 km) from

13673-522: The tort liability of the government is a relatively new development in Canada, statute-based, and is not a fruit of common law." Since 1918, it has been held that provincial legislatures cannot bind the federal Crown, as Charles Fitzpatrick noted in Gauthier v The King : "Provincial legislation cannot proprio vigore [i.e., of its own force] take away or abridge any privilege of the Crown in right of

13794-689: The water or sun for days before being collected, hindered efforts by coroners to identify many of the dead. The first deaths reported from the city were reported shortly before midnight on August 28, as three nursing home patients died during an evacuation to Baton Rouge , most likely from dehydration. An estimated 215 bodies were found in nursing homes and hospitals in New Orleans, the largest number being at Memorial Medical Center where 45 corpses were recovered. Some 200 patients at Charity Hospital were not evacuated until Friday, September 2, having been without power or fresh water for five days. While there were also early reports of fatalities amid mayhem at

13915-542: Was approximately 12 feet (3.7 m). The surge caused significant flooding several miles inland along Mobile Bay. Four tornadoes were also reported in Alabama. Ships, oil rigs, boats and fishing piers were washed ashore along Mobile Bay: the cargo ship M/V Caribbean Clipper and many fishing boats were grounded at Bayou La Batre . An oil rig under construction along the Mobile River broke its moorings and floated 1.5 miles (2.4 km) northwards before striking

14036-583: Was being prosecuted by the Attorney General of Quebec for misappropriation of public funds, but invoked royal immunity on the basis that "the Queen can do no wrong". As per convention, the court did not disclose its reasons for not considering the matter. Thibault later petitioned the Court of Quebec for the same motives. Judge St-Cyr again rejected her demand, noting that constitutional law does not grant

14157-520: Was designed and built by the Orleans Levee Board . The search for the missing was undertaken by the St. Bernard Fire Department because of the assets of the United States Coast Guard being diverted to New Orleans. In the months after the storm, many of the missing were tracked down by searching flooded homes, tracking credit card records, and visiting homes of family and relatives. According to

14278-454: Was downgraded to a tropical depression near Clarksville, Tennessee ; its remnants were absorbed by a cold front in the eastern Great Lakes region on August 31. The resulting extratropical storm moved rapidly to the northeast and affected eastern Canada. The United States Coast Guard began pre-positioning resources in a ring around the expected impact zone and activated more than 400 reservists. On August 27, it moved its personnel out of

14399-544: Was due to a vehicle accident, one occurred during debris cleanup, and one was associated with a lack of electricity. Significant impacts were also reported in the Florida Panhandle . Although Katrina moved ashore in Louisiana and Mississippi, its outer periphery produced a 5.37 ft (1.64 m) storm surge in Pensacola . High waves caused beach erosion and closed nearby roadways. There were five tornadoes in

14520-446: Was made according to this article. Officials who commit torts themselves are not liable, although the State or a public entity has the right to obtain reimbursement from the officers if there is intent or gross negligence on the part of them. The Administrative Litigation Act enables the people to file lawsuits involving the government of Japan . On November 20, 1989, the Supreme Court ruled that it does not have judicial power over

14641-433: Was opened. All three coastal counties of the state were severely affected by the storm. Katrina's surge was the most extensive, as well as the highest, in the documented history of the United States; large portions of Hancock , Harrison , and Jackson counties were inundated by the storm surge, in all three cases affecting most of the populated areas. Surge covered almost the entire lower half of Hancock County, destroying

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