Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Wednesday, April 10, 2019
CLAIMS COURT AND REPARATIONS
UNITED STATES CLAIMS COURT AND BLACK REPARATIONS
Most people are unaware that the Tenth Circuit Court of Appeals had ruled against a class action lawsuit brought to compensate the 1921 Tulsa, Oklahoma , "Black Wall Street" aerial bombing victims, estates, families, who were killed in the hundreds, mass-buried; whose homes, businesses all burnt down.
The Tenth Circuit Court of Appeals affirmed an Oklahoma district court ruling that "laches" or undue delay had deprived that court of subject matter jurisdiction over the case.
The plaintiffs applied to the United States Supreme Court for a writ of certiorari , which it declined to give in 1994. So ended that controversy.
Plaintiffs had been represented by a formidable group of superstars, like the late Johnnie E. Cochran, Jr., Willie E. Gary, and a bevy of others.
Since that time, it has occurred to me that a suit in the United States Court of Claims is a more favorable venue than any federal court, since it was established by Congress to redress claims against the United States , particularly.
John Mercer Langston, Esq., had successfully sued in the Court of Claims in the 1880s, when his pay was wrongly reduced in office, by Congress , while he was serving as U. S. Consul to Haiti. I read of John M. Langston's success in his great historical autobiography. He was the founder of Howard University Law School in 1869, my own alma mater. I am also still licensed to practice in the Court of Claims, but have never filed a case within it.
I reason that if there is no statute of limitations for rape nor murder, nor should "laches" bar reparations .
Equitable retribution issues for African Americans must ever be pushed, pursued, relentlessly, on every level of government, charity, private business, everywhere and never abandoned as too radical!
https://en.m.wikipedia.org/…/United_States_Court_of_Federal…