Slave reparation lawsuit filed in NYC

UPI | 3/27/02 | Alex Cukan

[kattracks]

NEW YORK, Mar 26, 2002 (United Press International via COMTEX) -- A lawsuit seeking reparations for all who can claim slave ancestry was filed in federal court in New York City Tuesday against the insurance company Aetna, the railroad company CSX Transportation Inc. and Fleet Financial Services, the parent of FleetBank.

However, the lawsuit also names more than 1,000 unidentified corporations that may have profited from slavery in the United States between 1619 and 1865.

"Slavery constituted an immoral and inhumane depravation of Africans' life, liberty, African citizenship rights and cultural heritage," the lawsuit, filed in U.S. District Court in Brooklyn, said. "It further deprived African Americans of the fruits of their own labor."

The lawsuit, initiated by Deadria Farmer-Paellmann of New York who said she went to law school for the purpose of researching and filing this lawsuit, seeks unspecified damages. Any funds won in the lawsuit would go toward a fund to improve education, health care and housing opportunities for blacks.

The lawsuit claimed that the nation's more than 34 million blacks are still suffering the effects of 250 years of slavery followed by 100 years of "institutionalized racism."

"Slavery was a tragic chapter in our nation's history; it is a history shared by every American, and its impacts cannot be attributed to any single company or industry," said CSX in a statement. "However, the lawsuit filed in federal court in New York City against CSX and other corporations demanding financial reparations is wholly without merit and should be dismissed."

The plaintiff's claim that CSX, through the railroad companies that is has acquired, used slave labor to clear areas and construct tracks on various rail lines.

The claimants named CSX because slave labor was used to construct portions of some U.S. rail lines under the political and legal system in place more than a century before CSX was formed in 1980.

"CSX was formed in 1980, and courtrooms are the wrong setting for this issue," the rail company said. "CSX is committed that its 35,000 employees of every age, gender, race and ethnic background have opportunities for satisfying work at competitive wages and benefits -- we will oppose the lawsuit vigorously to safeguard those jobs and services."

Aetna, a 150-year-old insurance company based in Hartford, Conn., is accused of benefiting from insuring slaves through life insurance policies.

"The policies were life insurance policies," Alfred R. Laberge told United Press International. "In the event of death, the policy paid the slaveholder."

Aetna said in a prepared statement: "We do not believe a court would permit a lawsuit over events which -- however regrettable -- occurred hundreds of years ago, and these issues in no way reflect Aetna today.

"Over the past 20 years, Aetna has invested more than $36 million in the African-American community, targeting such areas as education, health, economic development, community partnerships and minority-owned business initiatives."

Fleet Financial Services, based in Boston, had no comment on the lawsuit. The company dates back to 1784 and was chartered by a group led by Rhode Island merchant John Brown, who was a slave trader.

He is listed as an owner of several slave ships that bought Africans to Cuba and America in the 1700s, however, it's unclear whether there was a financial relationship between Brown's slave trade and the bank he founded, Providence Bank.

"Generally, claims are governed by statute of limitations of no more than three years and while there are exceptions, it would require legislative action to provide a window for plaintiffs to sue," Thomas Burton, a Buffalo, N.Y., trial attorney, told UPI. "This could open the flood gates for the Irish to sue against the Erie Canal, Chinese Americans to sue the railroads -- in short, I wouldn't bet in favor of their success."

Burton explained that the courts are wary of ruling on behavior from hundreds of years ago and that it's necessary in court to prove a direct harm to a person or dependent and that "it's pretty tough to do when dealing with ancestors."

While earlier slave reparations lawsuits have failed, those seeking reparations cite the government apology made to each Japanese-American who was forced into internment camps during World War II and who was paid $20,000. Some $8 billion was settled in the Holocaust lawsuits last year.

"In the end, the lawsuits may fail in court but companies may start initiating more money for minority scholarships, or hiring or community programs, in fact they may use these programs as part of their defense," a Democratic legislative counsel, who did not want to be identified, told UPI.

"The reparation issue is still being debated within the black community, because of the concern that it may perpetuate a feeling of victimization," Assemblyman Roger Green, a Democrat from New York City, who is the head of the state black, Puerto Rican and Hispanic legislative caucus, told UPI. "I want to go into a direction of reconciliation and atonement so we have an opportunity for closure."

(Reported by Alex Cukan in Albany, N.Y.)

Copyright 2002 by United Press International.

[Quila]

Where's Jesse? He should be looking to cash in on this somehow.

Also, if you're black and have stock in any of these companies, do you simply pay yourself for what your company did to your ancestors?

[Joe Boucher]

f em, this is one great way to end poor race relations? The white majority will really think poorly of the blacks that try to push this crap. Oh well, race relations are in the toilet anyway. The stereotypical black that wants something for nothing from the gubmnt. The quota boy. The, well I can rant on and on.

[fella]

My ancestors were held in slavery for 400 years and I want to know when are those Africans going to pay us repriations. All I want is all our back pay plus the compounded interest. After all it's 4,000 years all ready. It's time for them to pay up.

[zarf]

I'm a coolie....here do I pick up my check?

[Quila]

And can't they sue African nations? After all, the slave trade was mostly Africans capturing other Africans and then selling them to the Europeans and Americans.

[CasearianDaoist]

What about the arabs and the jews?

[Renegade]

In order to get payment, they must prove country of origin (not continent ) and address of grass roofed hut . Proof that they were not sold into slavery by their own people is also required .

[Wyatt's Torch]

Three words - Loser.Pays.System.

Put the financial risk of having to pay attorneys fees on the people who file these suits and see what happens. Except for the fact that it was legal at the time and the statute of limitations has run, it should be an interesting case. Let's also do the economic analysis - take the average standard of living for blacks in Africa and subtract out the average standard of living for black in the U.S. and see the "effects of slavery".

Also a pretty good way to forever harm race relations.

[savedbygrace]

I used to agree with that idea, but I've changed my mind. It would certainly be the best way if the legal system worked the way it should. However, what would happen today if that system were implemented is that big corporations and all deep-pocket orgs would do as they please, knowing that the little guy couldn't afford to risk paying the huge bills involved in fighting for years through the courts.

Wait, they do that now. Never mind. <g>

[Jaidyn]

LOL! Since corporations don't pay taxes (people do) everyone will be losers. Each entity that is sued will jack up their prices and some might just go bankrupt. Why are blacks so intent on destroying in the name of equality? The Cincinnati boycott is a good example as were the LA riots. We are fast becoming their slaves. We work our butts off and then give them our money. I wonder how many blacks will stand up and say this is wrong?