[JURIST] The Louisiana 4th Circuit Court of Appeal [official website] has upheld the dismissal of a wrongful death suit brought by Herbert Freeman, Jr. against the state of Louisiana, the city of New Orleans and public officials. Freeman's 91-year-old wheelchair-bound mother, Ethel Mayo Freeman, died September 1, 2005 at the Ernest N. Morial Convention Center where she and her son sought refuge after their home was flooded by Hurricane Katrina [JURIST news archive]. Four of the court's five judges voted Wednesday to uphold the 2007 ruling by Orleans Parish Civil District [official website] Judge Robin Giarrusso dismissing the suit. The majority agreed that the state's immunity statute requires there be a showing of willful misconduct in order to hold the state liable, but dissenting Judge Charles R. Jones said that the immunity issue was being decided prematurely.

Freeman's lawsuit against the federal government – including former FEMA [official website] Director Michael Brown and Secretary of Homeland Security Michael Chertoff [official profile] – was also dismissed [JURIST report] last year. AP has more.