Unfortunately, this principle has not yet been applied to the bush misadministration. It's being used to indict the nursing home owners that didn't heed numerous warnings, did nothing, and a lot of people died for it.
Can the Louisiana Attorney General use this same argument against Brown, Chertoff, and bush? Their gross negligence led to many deaths also.
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http://www.nytimes.com/2005/09/14/national/nationalspecial/14storm.html?oref=loginThe owners of a nursing home where 34 people died in the floodwaters that inundated the New Orleans area were charged Tuesday with multiple counts of negligent homicide, shortly after a new dispute broke out between the State of Louisiana and the federal government over the retrieval of hundreds of other bodies.
Mable B. Mangano and her husband, Salvatore A. Mangano Sr., owners of St. Rita's Nursing Home in Violet, just east of New Orleans, turned themselves in after the charges were filed, Attorney General Charles C. Foti Jr. said. He said the couple had not acted on several warnings to move the residents as Hurricane Katrina approached.
They were warned repeatedly, both by the media and by the St. Bernard Parish emergency preparation people, that the storm was coming," Mr. Foti said at a news conference here. "In effect, I think that their inactions resulted in the death of these people."