Employment Didn’t Muzzle Fired Scientist in Hurricane Katrina Case

October 27, 2011

A federal judge rules that a scientist who said shoddy levee work caused Hurricane Katrina’s devastating floods wasn’t muzzled by his work for Louisiana State University because he wasn’t speaking as a school employee.

Ivor van Heerden filed a whistleblower suit against LSU last year, saying he was fired of fear that LSU might lose federal money.

U.S. District Judge James J. Brady rejected LSU’s argument that van Heerden was speaking as a faculty member when he criticized work by the Army Corps of Engineers.

A spokeswoman says LSU won’t comment because parts of the suit are still pending.

Brady rejected van Heerden’s claims of conspiracy, breach of contract and intentionally causing severe emotional distress.

The Oct. 20 ruling was a summary judgment, based on documents without oral arguments.

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