Judge dismisses lawsuit seeking reparations for the 1921 Tulsa Race Massacre

Lawyer Blog Post 2023/07/10 14:11   Bookmark and Share
An Oklahoma judge has thrown out a lawsuit seeking reparations for the 1921 Tulsa Race Massacre, dashing an effort to obtain some measure of legal justice by survivors of the deadly racist rampage.

Judge Caroline Wall on Friday dismissed with prejudice the lawsuit trying to force the city and others to make recompense for the destruction of the once-thriving Black district known as Greenwood.

The order comes in a case by three survivors of the attack, who are all now over 100 years old and sued in 2020 with the hope of seeing what their attorney called “justice in their lifetime.”

Tulsa Mayor G.T. Bynum said in a statement that the city has yet to receive the full court order. “The city remains committed to finding the graves of 1921 Tulsa Race Massacre victims, fostering economic investment in the Greenwood District, educating future generations about the worst event in our community’s history, and building a city where every person has an equal opportunity for a great life,” he said.

A lawyer for the survivors — Lessie Benningfield Randle, Viola Fletcher and Hughes Van Ellis — did not say Sunday whether they plan to appeal. But a group supporting the lawsuit suggested they are likely to challenge Wall’s decision.

“Judge Wall effectively condemned the three living Tulsa Race Massacre Survivors to languish — genuinely to death — on Oklahoma’s appellate docket,” the group, Justice for Greenwood, said in a statement. “There is no semblance of justice or access to justice here.”

Wall, a Tulsa County District Court judge, wrote in a brief order that she was tossing the case based on arguments from the city, regional chamber of commerce and other state and local government agencies. She had ruled against the defendants’ motions to dismiss and allowed the case to proceed last year.

Local judicial elections in Oklahoma are technically nonpartisan, but Wall has described herself as a “Constitutional Conservative” in past campaign questionnaires.

The lawsuit was brought under Oklahoma’s public nuisance law, saying the actions of the white mob that killed hundreds of Black residents and destroyed what had been the nation’s most prosperous Black business district continue to affect the city today.
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Man gets life sentence for raping 9-year-old Ohio girl

Lawyer Blog Post 2023/07/07 10:23   Bookmark and Share
A man who confessed to raping and impregnating a 9-year-old Ohio girl has been sentenced to life in prison in a case that became a national flashpoint on abortion rights because the girl had to travel out of state to end the pregnancy.

Gerson Fuentes, 28, was sentenced to life in prison, but his plea deal stipulates that he can seek parole after serving 25 to 30 years. He would then have to register as a sex offender.

Common Pleas Court Judge Julie Lynch, who was not required to approve the plea agreement, said the girl’s family “begged” the judge to back it. Lynch called the deal a “very hard pill for this court to swallow.”

“Anyone who’s ever been in this courtroom for the last 20 years knows how this court feels about these babies, young people, being violated,” Lynch said. “However, today, by the request of the family, this court will be sentencing without comment.”

The maximum sentence would have been life without parole. Settling the case before trial will spare the survivor from having to testify in court.

Zachary Olah, an attorney who represented Fuentes, told The Columbus Dispatch after the hearing that his client has been cooperative since the beginning.

“He was anxious to get this resolved,” Olah said.

The girl, who turned 10 before having the abortion, confirmed that Fuentes attacked her, Franklin County prosecutors have said, and Fuentes confessed to Columbus police detectives. DNA testing of the aborted fetus confirmed Fuentes was the father, prosecutors said.

Fuentes, who is from Guatemala and was living in Columbus, had been held without bond since his arrest. If he eventually wins parole, he would likely be deported given that authorities have said they have not found any evidence he is authorized to live in the U.S. legally.
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Judge allows North Carolina’s revised 12-week abortion law to take effect

Legal Insight 2023/07/03 14:06   Bookmark and Share
A federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.

The decision by U.S. District Judge Catherine Eagles sets aside that rule but allows the law’s remaining provisions to begin on Saturday while litigation continues.

Abortion providers had last week requested a blanket order halting all of the July 1 restrictions pending their court challenge. Planned Parenthood South Atlantic and a physician said several sections in the newly revised law were so vague and seemingly contradictory that doctors could unintentionally break the law, leaving them unable to care for women seeking legal abortions.

But the Republican-controlled General Assembly passed legislation this week revising or repealing nearly all of the challenged provisions, making arguments against most of them moot. Among other things, the lawmakers clarified that medication abortions will be legal in nearly all cases through 12 weeks, and that a lawful abortion remains an exception to North Carolina’s fetal homicide statute.

Eagles, who was nominated by former President Barack Obama, had said in court that it would be overly broad to block enforcement of the entire law. Instead, she directed that for at least the next two weeks, the state cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus before conducting a medication abortion.

The abortion providers’ lawyers argued that the language raised questions about whether abortion pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.
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