The Oklahoma Supreme Court has agreed to consider the survivors’ appeal, and the state attorney general’s litigation division filed its response Monday.
There are just three known survivors of the attack still living, all of them more than 100 years old. Lessie Benningfield Randle, Viola Fletcher and Hughes Van Ellis have sued for reparations from the city, state and others for theknown as Greenwood. Several other original plaintiffs who are descendants of survivors were dismissed from the case by the trial court judge last year.
“The survivors of the Tulsa Race Massacre are heroes, and Oklahoma has had 102 years to do right by them,” their lawyer added. “The state’s efforts to gaslight the living survivors, whitewash history, and move the goal posts for everyone seeking justice in Oklahoma puts all of us in danger, and that is why we need the Oklahoma Supreme Court to apply the rule of law.”
But the state says that argument was properly dismissed by District Court Judge Caroline Wall. The judge properly determined that the plaintiffs failed to outline a clearly identifiable claim for relief, Assistant Attorney General Kevin McClure wrote in the state’s response to the appeal.Library of Congress / AFP - Getty Images
McClure claims the state’s National Guard was activated only to quell the disturbance and left Tulsa after the mission was accomplished. The survivors’ lawsuit alleges National Guard members participated in the massacre, systematically rounding up African Americans and “going so far as to kill those who would not leave their homes.
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