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The children of a black woman slain nearly 40 years ago cannot bring a lawsuit now, a federal appeals court ruled, even though they did not learn of an alleged cover-up in the case until after the statute of limitations expired.
On Monday, the 11th Circuit Court of Appeals in Atlanta refused to resurrect a civil rights lawsuit filed by Johnnie Mae Chappell`s children, ruling there was no evidence that an alleged 1964 cover-up by white police officials prevented the family from suing before the deadline.
The court called the death a "tragic" example of the damage done by racism but said, "we cannot find that the facts alleged here are sufficient to constitute a violation of the right of access to the courts."
Chappell`s youngest son, Shelton Chappell, vowed to continue fighting, possibly to the U.S. Supreme Court. "We are the only voice my mother has," he said.
Chappell, 35, was shot from a passing car as she searched for her purse on March 23, 1964, the same day race riots gripped Jacksonville. The Southern Poverty Law Center lists her as Florida`s only martyr of the civil rights era.
Four white men were charged in the murder, but only one was convicted, J.W. Rich, on a lesser charge of manslaughter. Rich told police he and his friends were driving around and decided to shoot a black person, though he later denied it.
Charges were dropped against the other three men, even though police had a signed confession.
Two police detectives claimed that white police officials covered up the crime by destroying evidence and never assigning the case for investigation. They claim they were fired when they pressed their superiors about missing reports and evidence.
One detective, C. Lee Cody, also said the gun that discharged the fatal bullet disappeared from the police property room.
Chappell`s children filed a lawsuit after learning of the alleged cover-up from Cody when he approached Shelton Chappell at a 1996 memorial service.
Shelton, just 4 months old when his mother died, sued the four men and Jacksonville police. A federal court judge dismissed the case in 2001, saying the statute of limitations for filing a lawsuit -- four years from the time the victim learns of the wrongdoing -- had long passed.
The children claimed they had not had enough information to sue until they were told of the cover-up. But the appeals court disagreed.
"The Chappell children knew that their mother had been murdered, who the alleged perpetrators were and that Rich had been convicted of manslaughter ... before the statute of limitations for a wrongful death suit expired," the opinion said.
City attorney Scott Makar agreed with the court`s findings.
"Legally that`s the way it should be, but nobody`s happy about the family`s predicament," Makar said. "Racial violence against a parent with young children is about as sickening as it gets."
Cody had asked for a federal investigation into the cover-up claims, but the government declined, saying the statute of limitations for an inquiry had expired.
On Monday, the 11th Circuit Court of Appeals in Atlanta refused to resurrect a civil rights lawsuit filed by Johnnie Mae Chappell`s children, ruling there was no evidence that an alleged 1964 cover-up by white police officials prevented the family from suing before the deadline.
The court called the death a "tragic" example of the damage done by racism but said, "we cannot find that the facts alleged here are sufficient to constitute a violation of the right of access to the courts."
Chappell`s youngest son, Shelton Chappell, vowed to continue fighting, possibly to the U.S. Supreme Court. "We are the only voice my mother has," he said.
Chappell, 35, was shot from a passing car as she searched for her purse on March 23, 1964, the same day race riots gripped Jacksonville. The Southern Poverty Law Center lists her as Florida`s only martyr of the civil rights era.
Four white men were charged in the murder, but only one was convicted, J.W. Rich, on a lesser charge of manslaughter. Rich told police he and his friends were driving around and decided to shoot a black person, though he later denied it.
Charges were dropped against the other three men, even though police had a signed confession.
Two police detectives claimed that white police officials covered up the crime by destroying evidence and never assigning the case for investigation. They claim they were fired when they pressed their superiors about missing reports and evidence.
One detective, C. Lee Cody, also said the gun that discharged the fatal bullet disappeared from the police property room.
Chappell`s children filed a lawsuit after learning of the alleged cover-up from Cody when he approached Shelton Chappell at a 1996 memorial service.
Shelton, just 4 months old when his mother died, sued the four men and Jacksonville police. A federal court judge dismissed the case in 2001, saying the statute of limitations for filing a lawsuit -- four years from the time the victim learns of the wrongdoing -- had long passed.
The children claimed they had not had enough information to sue until they were told of the cover-up. But the appeals court disagreed.
"The Chappell children knew that their mother had been murdered, who the alleged perpetrators were and that Rich had been convicted of manslaughter ... before the statute of limitations for a wrongful death suit expired," the opinion said.
City attorney Scott Makar agreed with the court`s findings.
"Legally that`s the way it should be, but nobody`s happy about the family`s predicament," Makar said. "Racial violence against a parent with young children is about as sickening as it gets."
Cody had asked for a federal investigation into the cover-up claims, but the government declined, saying the statute of limitations for an inquiry had expired.