COUNT I - CONSPIRACY
50. Each of the Defendants acted individually and in concert with their industry group
and with each other, either expressly or tacitly, to participate in a plan that was designed in part
to commit the tortious acts referred to herein.
51. For instance, each industry group was co-dependant on each other and operated as
joint enterprise, designed in part, to maintain and continue a system of inhumane servitude. The
shipping and railroad industry benefited and profited from the transportation of the slaves. The
railroad industry utilized slave labor in the construction of rail lines. These transportationഊNew York/ Class Action Complaint
American Slavery Case - March 26, 2002
Page 15
industries were dependent upon the manufacturing and raw materials industry to utilize the
slaves they shipped. The cotton, tobacco, rice and sugar industries thrived on profits generated
from their use of slave labor, and relied upon financial and insurance industries to finance and
insure the slaves that they utilized and owned. All industries: raw market, retail, financial,
insurance, and transportation, benefited from the reduced costs of slave-produced goods.
COUNT II- DEMAND FOR AN ACCOUNTING
52. Plaintiffs on behalf of themselves and all other descendants who are similarly
situated, re-allege as if fully set forth, each and every allegation contained into the preceding
paragraphs.
53. The Defendants knew or should have know of the existence of corporate records that
indicate their profiting from slave labor. Plaintiffs and the public have demanded that the
Defendants reveal their complete corporate records regarding same and that a just and fair
accounting be made for profits derived from the slave trade.
54. Defendants have failed to provide said records and have failed to comply with
plaintiffs’ demand.
WHEREFORE, Plaintiffs demand judgment: (a) requiring defendants make a full
disclosure of all of their corporate records that reveal any evidence of slave labor or their
profiting from same; (2) seeking the appointment of an independent historic commission to serve
as a depository for corporate records related to slavery and; (3) directing defendants to account to
plaintiffs for any profits they derived from slavery.ഊNew York/ Class Action Complaint
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COUNT III - HUMAN RIGHTS VIOLATIONS
57. Plaintiffs on behalf of themselves and all other descendants who are similarly
situated, re-allege as if fully set forth, each and every allegation contained into the preceding
paragraphs.
58. The Defendants participated into the activities of the institution of slavery and in
so doing furthered the commission of crimes against humanity, crimes against peace, slavery and
forced labor, torture, rape, starvation, physical and mental abuse, summary execution.
Specifically, the defendants profited from these wrongs.
59. Defendants knowingly benefited from a system that enslaved, tortured, starved
and exploited human beings, so as to personally benefit them. In the process, the Defendants
directly or indirectly subjected the plaintiffs’ ancestors to inhumane treatment, physical abuse,
torture, starvation, execution and subjected the plaintiffs to the continued effects of the original
acts, including but not limited to: race discrimination, unequal opportunity, poverty, substandard
health care, substandard treatment, substandard housing, substandard education, unjust
incarceration, racial profiling, and inequitable pay.
60. The above referenced actions by the Defendants were in violation of international
law.
61. As a result of the above referenced violations of international law, Plaintiffs and
members of the Plaintiff class have suffered injury and are entitled to compensatory damages in
an amount to be determined at trial.ഊNew York/ Class Action Complaint
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COUNT IV - CONVERSION
62. Plaintiffs on behalf of themselves and all other slave ancestors who are similarly
situated, re-allege as if fully set forth, each and every allegation contained in the preceding
paragraphs.
63. As a result of Defendants’ failure and refusal to account for, acknowledge and
return to Plaintiffs and the members of the Plaintiff class, the value of their slave labor,
Defendants have willfully and wrongfully misappropriated and converted the value of that labor
and its derivative profits into Defendants’ own property.
64. Defendants have never accounted for or returned the value of Plaintiffs ancestors’
slave labor and the profits Defendants derived from said slave labor.
65. As a result of Defendants’ wrongful acts and omissions, Plaintiffs and members
of the Plaintiffs class have been injured and demand judgment against the Defendants jointly,
severally and/or in the alternative on this cause of action for, amongst other things: (a) an
accounting of the slave labor monies, profits and/or benefits derived by Defendants; (b) a
constructive trust in the value of said monies, profits and/or benefits derived by Defendants use
of slave labor; (c) full restitution in the value of all monies, profits, and/or benefits derived by
Defendants’ use of slave labor; (d) equitable disgorgement of all said monies, profits, and/or
benefits derived by Defendants’ exploitation of slave labor; and (e) other damages in an amount
in excess of the jurisdictional limits of this Court and to be determined at the trial herein,
together with interest, exemplary or punitive damages, attorney’s fees and costs of this action.ഊNew York/ Class Action Complaint
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COUNT V - UNJUST ENRICHMENT
66. Plaintiffs on behalf of themselves and all other slave descendants who are
similarly situated, re-allege as if fully set forth, each and every allegation contained into the
preceding paragraphs.
67. Defendants have improperly benefited from the immoral and inhumane institution
of Slavery in the United States.
68. Defendants have failed to account for and or return to Plaintiffs and the Plaintiff
class the value of their ancestors’ slave labor and or the profits and benefits the Defendants
derived therefrom and Defendants have concealed the nature and scope of their participation in
the Institution.
69. As a result of the Defendants’ wrongful acts and omissions as described above,
Defendants have been unjustly enriched.
70. Defendants have been unjustly enriched at the expense of Plaintiffs and the
Plaintiffs class. Plaintiffs and the Plaintiffs class therefore demand restitution and judgment
against the Defendants jointly, severally and/or in the alternative, in an amount in excess of the
jurisdictional limits of this Court and to be determined at the trial herein, together with interest,
exemplary or punitive damages, attorney’s fees and the costs of this action.ഊNew York/ Class Action Complaint
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PRAYER FOR RELIEF
WHEREFORE Plaintiffs and the Plaintiffs’ class demand a jury trial and judgment and
damages against the Defendants, jointly, severally and/or in the alternative, as follows:
(1) For an order certifying the Plaintiff class alleged herein;
(2) For an accounting;
(3) For the appointment of an independent historic commission;
(4) For the imposition of a constructive trust;
(5) For restitution of the value of their descendants’ slave labor;
(6) For restitution of the value of their unjust enrichment based upon slave
labor;
(7) For disgorgement of illicit profits;
( For compensatory damages in an amount to be determined by trial
together with interest;
(9) For exemplary or punitive damages in an amount to be determined at
trial;ഊNew York/ Class Action Complaint
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Page 20
(10) For attorneys’ fees; and
(11) For the cost of this action.
Dated: March 26, 2002
New York, New York
By: By: _________________
EDWARD D. FAGAN, ESQ. (EF-4125) ROGER S. WAREHAM, ESQ. (RW 4751)
FAGAN & ASSOCIATES JOMO SANGA THOMAS, ESQ. (JT 7544)
301 South Livingston Avenue THOMAS WAREHAM & RICHARDS
Livingston, New Jersey 07039 572 Flatbush Avenue, Suite 2
(973) 994-2908 Brooklyn, New York 11225
(718) 941-6407
-and-237
Park Avenue, 21 st Floor
New York, New York 10017
Please Respond to New Jersey Address
BRYAN R. WILLIAMS, ESQ. (BW- ) BRUCE H. NAGEL, ESQ. (BN-6765)
46 Trinity Place JAY J. RICE, ESQ. (JR-9171)
New York, New York 10006 DIANE E. SAMMONS, ESQ.(DS-9029)
NAGEL RICE DREIFUSS & MAZIE, LLP
301 South Livingston Avenue, Suite 201
Livingston, New Jersey 07039
(973) 535-3100
-and-237
Park Avenue, 21 st Floor
New York, New York 10017
Please Respond to New Jersey Address
MORSE GELLER, ESQ.
116-10 Queens Boulevard
Forest Hills, New York 11375