Judge tosses suit against caretaker of black cemetery
A Manhattan judge has thrown out a lawsuit brought against the woman entrusted with the oversight of a historic black cemetery in Staten Island, citing a lack of evidence that she caused irreparable harm to the sacred burial ground.
The suit against Lynn Rogers, the court-appointed receiver of Frederick Douglass Memorial Park Inc. in Oakwood, was dismissed by Civil Supreme Court Justice Eileen Bransten, who noted that a long history of neglect preceded Rogers' tenure.
“The plaintiff's principal claim of irreparable harm has been the alleged desecration of grave sites and the removal of the fence around the cemetery,” Bransten said Thursday before tossing the suit, which was first reported by the News.
“It's unclear whether what damage, if any, had been done to the grave sites while in the receiver's care,” she said.
Patricia Willis, CEO of the nonprofit organization Friends of Frederick Douglass Memorial Park Inc., filed the complaint in May after Rogers issued the removal of an iconic wrought-iron gate that, albeit in need of much repair, had greeted visitors for more than eight decades.
Willis, 65, whose mother and father are buried in the cemetery, claimed Rogers had also failed to address other pressing matters, including a water-logged lawn, uprooted headstones and sunken graves, making it near impossible, she said, to traverse the grounds on foot.
Bransten, however, contended that Rogers — also the executive director of Friends of Abandoned Cemeteries — has put forth considerable effort to revive Frederick Douglass.
“The receiver used her court-appointed authority to remove the gate in its [poor] condition and replace it with a new fence, as well as made a number of substantial repairs to the property,” the judge said, also citing leaf removal and roof repairs to the main office.
“The plaintiffs have failed to demonstrate the [required] elements for a preliminary injunction,” she added. “Their motion for a preliminary injunction is therefore denied.”
Lynn Rogers was pleased with the decision, said her lawyer, Duane Felton, who is also a plot owner.
"They have no standing,” he said of the defense. “They had no capacity. They showed no imminent danger of injury. The whole complaint was worthless, a big waste of time and energy."
“I'm very happy with the decision,” he added. “Now we can go on to raising money for the cemetery and provide a decent burial place for our ancestors.”