Harvard must face lawsuit over 'horrific' slave photos -Massachusetts court
Massachusetts' highest court on Thursday ruled that Harvard University can be sued for mistreating a descendant of slaves who were forced to be photographed in 1850 for a study by a professor trying to prove the inferiority of Black people.
The Massachusetts Supreme Judicial Court ruled Harvard's "horrific, historic role" in creating the images meant it had a duty to respond carefully to Tamara Lanier's requests for information about them, which she said the university failed to do.
But the court said the Ivy League school does not need to hand over the photos to Lanier, concluding that despite the "egregious" circumstances the Connecticut woman had no rightful property interest in them.
The decision partially revives a lawsuit she filed in 2019. Lanier and her attorneys, Ben Crump and Josh Koskoff, in a joint statement said the "historic" ruling would allow her to "continue this legal and moral battle for justice."
Cambridge, Massachusetts-based Harvard said it was reviewing the decision.
The images depict Renty Taylor and his daughter Delia, slaves on a South Carolina plantation who were forced to disrobe for photos taken for a racist study by Harvard Professor Louis Agassiz.
Justice Scott Kafker wrote that Harvard had "cavalierly" dismissed Lanier's claims of an ancestral link and disregarded her requests for information about how it was using the images, including when the school used Renty's image on a book cover.
Kafker said Harvard's conduct meant a jury could reasonably determine it recklessly caused Lanier to suffer emotional distress through its "extreme and outrageous conduct."
"Harvard's past complicity in the repugnant actions by which the daguerreotypes were produced informs its present responsibilities to the descendants of the individuals coerced into having their half-naked images captured in the daguerreotypes," he wrote.
Justice Elspeth Cypher, in a concurring opinion, proposed a new legal claim Lanier could pursue to recover the images, saying her allegations if proven "demand a full remedy and nothing less."
But the court said the Ivy League school does not need to hand over the photos to Lanier, concluding that despite the "egregious" circumstances the Connecticut woman had no rightful property interest in them.
The decision partially revives a lawsuit she filed in 2019. Lanier and her attorneys, Ben Crump and Josh Koskoff, in a joint statement said the "historic" ruling would allow her to "continue this legal and moral battle for justice."
Cambridge, Massachusetts-based Harvard said it was reviewing the decision.
The images depict Renty Taylor and his daughter Delia, slaves on a South Carolina plantation who were forced to disrobe for photos taken for a racist study by Harvard Professor Louis Agassiz.
Justice Scott Kafker wrote that Harvard had "cavalierly" dismissed Lanier's claims of an ancestral link and disregarded her requests for information about how it was using the images, including when the school used Renty's image on a book cover.
Kafker said Harvard's conduct meant a jury could reasonably determine it recklessly caused Lanier to suffer emotional distress through its "extreme and outrageous conduct."
"Harvard's past complicity in the repugnant actions by which the daguerreotypes were produced informs its present responsibilities to the descendants of the individuals coerced into having their half-naked images captured in the daguerreotypes," he wrote.
Justice Elspeth Cypher, in a concurring opinion, proposed a new legal claim Lanier could pursue to recover the images, saying her allegations if proven "demand a full remedy and nothing less."
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
