A woman who claims she is descended from slaves who were photographed in 1850 for Harvard University was granted the ability to sue the school for her emotional distress, which she says has been caused by seeing the pictures widely distributed.
According to NBC News:
[The state’s Supreme Judicial Court] concluded the Norwich resident and her family can plausibly make a case for suffering “negligent and indeed reckless infliction of emotional distress” from Harvard and remanded that part of their claim to the state Superior Court.
The judges said the university failed to contact Lanier when it used one of the images on a book cover and prominently featured it in materials for a campus conference — even after she’d reached out about her ancestral ties.
“In sum, despite its duty of care to her, Harvard cavalierly dismissed her ancestral claims and disregarded her requests, despite its own representations that it would keep her informed of further developments,” the ruling states.
But the high court upheld the lower court’s ruling that the photos are the property of the photographer who took them and not the subject themselves.
Lanier’s attorney said Thursday’s ruling was a “historic win” that marks one of the first times a court has ruled that descendants of enslaved people can seek accountability for what their ancestors endured.
“Harvard is not the rightful owner of these photos and should not profit from them,” Josh Koskoff said in a statement. “As Tamara Lanier and her family have said for years, it is time for Harvard to let Renty and Delia come home.”
Lanier is asking for the original photos from Harvard, saying they were being exploited for profit despite being taken against the subjects’ wills. Harvard’s says the university is reviewing the ruling, but added that the originals are in archival storage due to their fragility.
More stupidity
Total Horse Hockey ! What lame excuse to sue someone , anyone , will they come up with next ! Emotional distress , what a crock !
There is NO RIGHT TO NOT BE OFFENDED ! This opens the door for unlimited frivolous lawsuits. More liberal absurdity !
But it offends me that I do not have a Constitutional right not to be offended! Who can I sue? Where’s Algonquin J. Calhoun when we really need him? (How many of you are old enough to catch that reference?)
And these same descendants have benefited, as they see fit to, with all the freedoms and liberties under our constitutions.
Harvard produces Marxist soldiers anyway, sue them for all you can get, Americans would be better off if Harvard was gone forever!!
I DO NOT AGREE WITH THIS RULING????? ALL THIS TALK ABOUT SLAVES AND THAT THEY SHOULD BE PAID FOR THEIR ANCESTORS (CAN THEY ACTUALLY PROVE IT)???? WHY IS IT “ONLY” BLACKS THAT SHOULD BE PAID FOR THIS????????? FOR CENTURIES…..THERE WAS “WHITE SLAVERY”!!!!!!!!! YOU NEVER HEAR ANYTHING ABOUT THIS?????????? CHECK IT OUT IN THE LIBRARY??????????? I WOULD GUESS THE WHITES HAVE THE SAME CLAIM??????????? AND THAT THEY COULD GO TO ANY COLLEGE FOR FREE AS WELL!!!!!!!!!!!
Plus, some 3,000 blacks owned black slaves. And don’t forget the slavery by the Native Americans.
The judge must be a loon. This is another case of judicial meddling!
Stupid is what stupid does.
What part of my benign truthful comment a few hours ago could possibly be offensive ? You wanted a comment. I gave one.
With most of the lower court systems filled with left wing liberals this stupid ruling comes as no surprised. Just one more black looking for an easy payday, also comes as no surprise since that seems to be normal now days.
Sooooo, my relatives were Irish and abused by the English. Can I sue the Queen right out of her knickers? I thought not….
Hooray sue for 70B then