Alexander v. Oklahoma

382 F.3d 1206, 2004 U.S. App. LEXIS 18957, 2004 WL 2000065
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 8, 2004
DocketNo. 04-5042
StatusPublished
Cited by212 cases

This text of 382 F.3d 1206 (Alexander v. Oklahoma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Oklahoma, 382 F.3d 1206, 2004 U.S. App. LEXIS 18957, 2004 WL 2000065 (10th Cir. 2004).

Opinion

TACHA, Chief Circuit Judge.

On May 31, 1921, and following into the next day, violent attacks destroyed the African-American community of Greenwood, Oklahoma. An angry white mob converged on Greenwood in a devastating assault, burning homes and businesses, killing up to three hundred people, and leaving thousands homeless. In February 2003, Plaintiffs-Appellants, all Riot survivors or descendants of survivors, filed suit against the City of Tulsa, the Tulsa Police Chief, the City of Tulsa Police Department, and the State of Oklahoma. In their complaint, Plaintiffs sought monetary damages and injunctive and declaratory relief. The District Court held the claims time barred. Because we hold that Plaintiffs’ claims cannot withstand scrutiny under either an accrual analysis or pursuant to equitable tolling principles, we AFFIRM.

I. BACKGROUND

On the evening of May 31, 1921, a crowd began to form in front of the Tulsa jail after rumors of a lynching spread through the city. The rumors followed publication of a newspaper story suggesting that a nineteen-year-old African-American named Dick Rowland had assaulted a white elevator operator. After a group of African-Americans went to the courthouse to defend Mr. Rowland, a struggle ensued; and a gun went off. The Greenwood Riot had begun.

In the midst of repeated gun battles, the African-Americans retreated to the Greenwood neighborhood followed by the white [1212]*1212mob, which included between 250-500 newly deputized men. Armed with machine guns, the white mob ravaged Greenwood, scattering machine gun fire indiscriminately at its African-American residents. During the night, the Governor called in the Oklahoma National Guard to restore order. The guardsmen, often acting in conjunction with the white mob, disarmed the African-American men who were defending their community and placed them in “protective custody.” Thus purged of any resistance, the white mob burned virtually every building in Greenwood. By 11:00 a.m. on the morning of June 1, 1921, when the Riot ended, forty-two square blocks of the Greenwood community lay in ashes.

In 1997, the Oklahoma state legislature commissioned a study of the Riot. Following four years of intensive study, the bipartisan commission, which consisted of eleven members from various sectors of the community, issued its final report (“the Report”). In it, the commissioners confirmed that public officials had indeed provided firearms and ammunition to the white mob. The Report opined that the National Guard participated in mass arrests of all, or nearly all, of Greenwood’s residents. The Report also provided detail concerning the deliberate burning of homes and businesses, burning initiated, in many instances, by agents of the government. In adopting many of the Report’s findings, the state legislature found:

Official reports and accounts of the time that viewed the Tulsa Race Riot as a “Negro uprising” were incorrect. Given the history of racial violence against African-Americans in Oklahoma, including numerous lynchings by white mobs, and the breakdown of the rule of law in Tulsa on May 31-June 1, 1921, it is understandable that African-Americans believefd] they needed to assist Tulsa police in protecting Dick Rowland, an African-American accused of attempting to rape a white woman, against an assembled white mob. The documentation assembled by The 1921 Tulsa Race Riot Commission provides strong evidence 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 which took place on May 31 and June 1, 1921, and even deputized and armed many whites who were part of a mob that killed, looted, and burned down the Greenwood area[.] Okla. Stat. tit. 74 § 8000.1.2 (West 2002).

Plaintiffs filed their initial complaint on February 24, 2003. In it, they alleged civil rights claims under 28 U.S.C. §§ 1981, 1983, and 1985. They also brought claims under the Fourteenth Amendment to the Federal Constitution and the Equal Protection Clause. Finally, they submitted state law claims based on negligence and promissory estoppel. Admitting that a two-year statute of limitations applies to the action,1 Plaintiffs nevertheless argue that the complaint was timely because the “conspiracy of silence” surrounding the Riot and its aftermath delayed the accrual of their claims until issuance of the Report in February 2001. In the alternative, they maintain that various equitable tolling principles apply which extend the limitations period.

Instead of answering the complaint, the State and the City filed motions to dismiss. The District Court allowed the parties to exchange interrogatories and requests for [1213]*1213admission pertaining to the statute of limitations issue. In addition, the District Court took testimony from three witnesses, all Plaintiffs’ experts, on issues related to the limitations questions. The court also allowed supplemental briefing on whether the publication of a 1982 book by Dr. Scott Ellsworth, entitled Death in a Promised Land, placed Plaintiffs on notice of their claims.

Analyzing the motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court held:

Regardless of the legal theory relied on, equitable estoppel, equitable tolling, or accrual, the gravamen of Plaintiffs’ argument is that they did not and could not know of the City’s involvement any sooner. While it is certain that the Commission Report has helped to gather more facts about the Riot, the Court has considerable trouble with the Plaintiffs’ assertion that until the Commission issued its report, they were unaware of the City’s responsibility for their injury. Dist. Ct. Order at 18.

The court then granted the Defendants’ motions to dismiss. In particular, the court opined that, although extraordinary circumstances sufficient to toll the statute of limitations existed in the period following the Riot, those circumstances dissipated in the 1960s, thus enabling Plaintiffs to bring their claims. Id. at 21-28.

On appeal, Plaintiffs argue that the court erred in its application of the motion to dismiss standard by making factual findings, contrary to the dictates of Rule 12(b)(6), regarding when Plaintiffs could access courts to redress the wrongs inflicted by the Riot. They contend that the court committed reversible error in attributing to Plaintiffs knowledge of facts that allegedly came to light only after the Report issued. Finally, they maintain that the court relied improperly on the existence of lawsuits immediately following the Riot to impute knowledge to Plaintiffs. We address these arguments in turn.

II. STANDARD OF REVIEW

A. Conversion of the Motions To Dismiss

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Bluebook (online)
382 F.3d 1206, 2004 U.S. App. LEXIS 18957, 2004 WL 2000065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-oklahoma-ca10-2004.