User:DaisyVT/sandbox/ellen harris

Ellen Harris, a Black woman was arrested on February 12, 1938 in Durham, N.C. when she refused to give up her seat to a White man on a public bus. She sued the Durham Public Service Company and the bus driver for $15,000 for false arrest and won an undisclosed settlement.

Bus incident
On February 12, 1938 Ellen Harris was riding on the seat next to the last seat of Durham Public Service's bus when R.P. Jones, a white male passenger, asked her to give up her seat and move to the last seat on the bus. Harris refused. The bus driver, J.B. Harris, also asked Harris to move and she refused. The bus drive told Harris that she would be arrested if she didn't move. She said she would leave the bus if her fare was returned to her. The bus driver refused. Harris was charged with violating a law that required Black passengers to sit in the empty seats closest to the back of the bus, though she maintained that those seats were occupied by Black passengers when she entered the bus. Harris was found guilty by Judge W.H. Murdock in Durham Recorders Court. She appealed to superior court was convicted and fined $10 by Judge Clawson Williams. Her attorneys for the appeal were C.J. Gates and Edward Avant.

Her conviction was overturned by the state supreme court which found she had not violated the law "with willful intent." Justice Heriot Clarkson wrote the opinion that overturned her violation.

https://infoweb.newsbank.com/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=EANX-K12&req_dat=6F725A5C9EB04DA18E0717C59D1E14F8&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Aimage%252Fv2%253A11EA68DA9EC1533C%2540EANX-K12-1414397FB962C9E8%25402429044-1414382F511F6B74%254012-1414382F511F6B74%2540/hlterms%3A%2522ellen%2520harris%2522%2520

False Arrest Suit
Harris brought a $15,000 suit against the Durham Public Service company and the bus driver for false arrest. She asked for $10,000 actual damages and $5,000 in punitive damages. The case was settled out of court for an undisclosed amount.