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Attorneys with Tulsa Race Massacre survivors shed light on timeliness of case

Attorney Damario Soloman-Simmons says time is now of the essence following the death of the youngest survivor, Hughes Van Ellis
Tulsa Race Massacre Presser
Posted at 5:46 PM, Oct 11, 2023
and last updated 2023-10-11 19:39:21-04

TULSA, Okla. — Attorneys for the surviving 1921 Tulsa Race Massacre victims are shining a light on the pressing nature of the quest for justice following Monday’s death of the youngest survivor, Hughes Van Ellis.

Although the case was dismissed by Judge Caroline Wall, attorneys for the remaining survivors filed a brief with the Oklahoma Supreme Court requesting a reversal.

Viola Ford Fletcher, Lessie Bennifield Randle and Hughes Van Ellis sued the city of Tulsa and other entities claiming they were responsible for the massacre that caused a continued public nuisance.

Judge Wall stated in her order that the defendant’s motion to dismiss was granted and that the case was dismissed with prejudice meaning that the case cannot be filed again.

However, the Oklahoma Supreme Court agreed to hear the appeal.
A recent briefing filed with the Oklahoma Supreme Court addresses the request for a reversal of the district court’s dismissal of the public nuisance claim and a reversal of the district court’s dismissal of unjust enrichment claim.

Attorney Damario Soloman-Simmons says with the passing of Hughes Van Ellis, he is reminded of the urgency in securing justice for the final two survivors of the Tulsa Race Massacre.

“We are hoping the Oklahoma Supreme Court will quickly look at the law and decided that we have a right to go back into court and we just hope they will it as quickly as possible,” said Soloman-Simmons.

He says they are now in a race against time and he hopes the Oklahoma Supreme Court will act swiftly for the remaining survivors, Lessie Benningfield Randle and Viola Fletcher.


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