NEW ORLEANS — Dr. Ivor van Heerden, a disaster science specialist, hurricane
researcher, author and former deputy director of the LSU Hurricane Center, on
Feb. 10 filed a wrongful termination lawsuit in Louisiana state court alleging
that LSU officials waged a campaign of retaliation against him that culminated
with the termination of his position with the university.
The whistleblower suit alleges that Dr. van Heerden, an LSU associate
professor and leader of the state team that conducted a comprehensive
investigation into the devastation of Hurricane Katrina, was subjected to a
multi-year campaign of retaliatory harassment after he made critical comments
concerning the failure of the U.S. Army Corps of Engineers to safeguard the City
of New Orleans.
After the devastating flooding in the aftermath of Hurricane Katrina, Dr. van
Heerden led the comprehensive investigation into its cause by the State of
Louisiana Forensic Data Gathering Team. The lawsuit states that Dr. van Heerden
found that the Army Corps of Engineers was responsible for a levee design that
was a "geotechnical engineering failure." He testified before Congress that "Not
to have given the residents the security of proper levees is inexcusable." Dr.
van Heerden also authored numerous articles in policy journals and, in 2006, his
bestselling book "The Storm," in which he attributed 80 percent to 90 percent of
the flooding in New Orleans to the Corps' levee design failures.
University officials attempted to silence Dr. van Heerden, the suit alleges,
because they believed that his investigation and comments jeopardized LSU's
relationship with the federal government and the Army Corps of Engineers.
According to the lawsuit, LSU officials called Dr. van Heerden into a meeting in
late 2005 and "admonished him for his public criticisms of the Corps" and said
he had "jeopardized LSU's prospects for federal funding."
Later, in April 2007, shortly after the final report of Team Louisiana, Dr.
van Heerden was asked to serve as an expert witness for the plaintiffs against
the federal government and the U.S. Army Corps of Engineers in a lawsuit that
alleged engineering design and maintenance errors at the Mississippi River Gulf
Outlet (MR-GO). As required by LSU procedure, Dr. van Heerden requested
permission from the university to testify, but received no response for months.
When LSU Chancellor Sean O'Keefe finally responded, he stated that "Dr. van
Heerden would be fired if he testified against the Corps," the lawsuit
Unsuccessful in their effort to muzzle him, the suit states, the defendants
"ultimately terminated his employment with the university by manipulating the
policies and procedures governing faculty appointments at LSU." Dr. van Heerden
was informed of the termination of his position at LSU in April 2009.
The whistleblower suit further alleges that the defendants not only violated
Dr. van Heerden's First Amendment rights, state law and his university contract,
but also "placed the bureaucratic interests of university officials above the
health and safety of millions of people who live in the path of the hurricanes
that threaten the Gulf Coast every year."
Named as defendants in the lawsuit are the LSU Board of Supervisors and four
university officials: then-Vice Chancellor for Research and Economic Development
Brooks Keel, Associate Vice Chancellor for Research and Economic Development
Robert Twilley, Department of Civil and Environmental Engineering Chairman
George Voyiadjis and College of Engineering Dean David Constant.
Attorney David Marshall of the law firm Katz, Marshall & Banks, is
representing Dr. van Heerden in this action.