On February 20, 2024, the Oklahoma Supreme Court agreed to allow attorneys for Lessie Benningfield “Mother” Randle and Viola Ford “Mother” Fletcher, both 109 and the last living survivors of the 1921 Tulsa Race Massacre, to have their case presented orally in the ongoing Public Nuisance lawsuit.
On Tuesday, April 2, 2024, at 1:30 PM CST, lead counsel Attorney Damario Solomon-Simmons and his legal team including Professor Eric Miller of Loyola University Law School, Michael Swartz, Randall Adams, and Sara Solfanelli from Schulte Roth & Zabel, and Jana Knott of Bass Law, will make an in-person presentation to the Supreme Court Justices, also broadcast live, addressing specific issues:
- Reversal of District Court's Dismissal of the Public Nuisance Claim: The District Court's decision to dismiss the public nuisance claim should be reconsidered. The District Court's conclusion that the survivors failed to state a claim under 12 O.S. § 2012(B)(6) due to a purported failure to present a legally viable abatement remedy should not be challenged.
- Reversal of District Court's Dismissal of Unjust Enrichment Claim: The District Court's dismissal of the survivors' unjust enrichment claim, based on a perceived failure to meet the requirements of 12 O.S. § 2012(B)(6), should be overturned. It is noted that in open court, both parties had agreed that the defendants would refrain from filing a motion to dismiss if certain allegations were removed from the survivors' second amended petition. The survivors argue that they have met the notice pleading standard for the unjust enrichment claim.
“We're deeply thankful for the swift action taken by the Oklahoma Supreme Court, especially in light of the earlier wrongful dismissal of our case. The significance of their intervention cannot be overstated, particularly while Mother Randle and Mother Fletcher are still with us. The eyes of many are on this case, with the expectation that the Justices will make the right move. This moment represents a pivotal opportunity to rectify a recent past injustice and to show that, ultimately, justice will always prevail,” said National Civil Rights Attorney Damario Solomon-Simmons.
"This is a historic milestone for Mother Randle, Mother Fletcher and the collective Greenwood community with the Oklahoma Supreme Court scheduling oral arguments for April 2nd. We look forward to the opportunity to explain to the court why our clients have met Oklahoma’s pleading requirements and why the case should continue expeditiously in the trial court,” said Michael Swartz, Partner at Schulte Roth & Zabel, co-counsel on the case representing the two remaining survivors.
When: Tuesday, April 2, 2024
Time: 1:30PM CDT
Where: The Oklahoma Supreme Court, 2100 N. Lincoln Blvd., Oklahoma City, OK 73105
ABOUT THE TULSA RACE MASSACRE
The Tulsa Race Massacre took place in 1921 when a mob of white individuals, deputized and armed by municipal and county officials, killed, looted, and burned down the Greenwood area. The Massacre resulted in the murder of more than 300 Tulsans and the destruction of the prosperous Greenwood neighborhood, often referred to as “Black Wall Street.”
ABOUT GREENWOOD
Greenwood, most revered for “Black Wall Street” was co-founded by Black Creeks—it became one of the most prosperous, organized, and successful Black communities in United States history, and a place for Black people to escape the political, economic, and social oppression of southern lawmakers post-civil war.
ABOUT JUSTICE FOR GREENWOOD
Justice for Greenwood is a grassroots, 501(c)(3) organization with a big vision: to get Respect, Reparations, and Repair for the Greenwood community for the near century of historical omissions and continued harm caused by the 1921 Massacre, through survivor and descendant support, public education, and advocacy.
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Contacts
Stanton
Mike Goodwin
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(646) 502-3595
Sneha Satish
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(646) 502-3556
