TULSA, OK — Three of the last surviving victims of the 1921 Tulsa Race Massacre received disappointing news on Friday when an Oklahoma judge dismissed a lawsuit brought by defendants who, along with their descendants, were impacted by the brutal massacre for generations.

Tulsa County District Court Judge Caroline Wall dismissed the lawsuit because they could not prove “individualized injury” — even though the home of one of the survivors was looted and destroyed during the massacre.

Its estimated 800 people were injured and possibly 300 were killed during the dayslong massacre in the Greenwood District, also known as the once-thriving “Black Wallstreet.”

Per the Washington Post, an attorney representing the victims said they planned to appeal the judge’s decision.

More about the lawsuit can be found here.