The court rejected the 'new 'unlimited and unprincipled' form of liability' siding with the massacre victims would have created.
The court rejected the “new ‘unlimited and unprincipled’ form of liability” siding with the massacre victims would have created.a reparations claim from survivors of the 1921 Tulsa Race Massacre. The plaintiffs made two claims: public nuisance and unjust enrichment.
The court rejected the plaintiffs’ argument that the “lingering consequences” of the massacre created a public nuisance: “The continuing blight alleged . . . implicates generational-societal inequities that can only be resolved by policymakers—not the courts.” The court also rejected the plaintiffs’ unjust enrichment claim, finding the “Defendants’ fundraising and community development efforts —absent fraud, abuse of confidence, or unconscionable conduct—do not amount to a claim of unjust enrichment.”
The commission’s memorialized findings state that “some local municipal and county officials failed to take actions to calm or contain the situation once violence erupted and, in some cases, became participants in the subsequent violence . . . and even deputized and armed many whites who were part of a mob that killed, looted, and burned down” a predominantly black neighborhood in Tulsa.
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