Indigenous USDA Lawsuit
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Press Release November 24, 1999
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PRESS RELEASE
November 24, 1999
FOR IMMEDIATE RELEASE
Contact: Alexander J. Pires, Jr. (202) 331-7050 (ofc)
(202) 251-4358 (cell)
213 NATIVE AMERICAN RANCHERS FILE $19 BILLION CLASS ACTION
DISCRIMINATION LAWSUIT AGAINST USDA
On November 24, 1999, 213 Native American farmers and
ranchers filed a class action lawsuit on behalf of 19,000
Native Americans against the United States Department
of Agriculture (USDA) alleging a 20 year history of (1)
systematic and discriminatory denial of loans, and (2)
failing to investigate discrimination complaints as required
by law. The plaintiffs seek damages in the amount of $19,000,000,000.
The case is similar to Pigford v. Glickman, the African
American farmers' class action lawsuit against USDA, which
recently settled. This case, as in Pigford, alleges that
non-White farmers and ranchers were discriminated against
when applying for federal loans. Native Americans likewise
contend that they have been the victims of discriminatory
denial and delay at the hands of USDA. For instance, Native
American farmers and ranchers were told that funds were
not available, but in reality there was never a shortage
of loan funds within USDA's Farmers' Home Administration.
Native American farmers and ranchers were put off and
their loans delayed until it was too late to raise their
crops, while White farmers and ranchers got their money
on time. At other times, an approved loan to a Native
American farmer or rancher would be for an amount less
than the farmer requested, resulting in the farmer not
being able to put out a full crop and, in turn, causing
financial and property losses. In some instances, Native
American farmers and ranchers had to put up more collateral
than did their White counterparts, limiting their ability
to obtain future loans.
When Native American farmers and ranchers filed discrimination
complaints, their complaints were either ignored, thrown
away or made the subject of a bogus investigation.
As a result of this discrimination, hundreds of farmers
are facing foreclosure.
Native American farmers and ranchers must meet criteria
to be eligible for participation in this class action
suit:
1) They must have farmed, or attempted to farm/ranch between
January, 1981 and November, 1999;
2) They must have applied for one of the federal farm
programs offered by USDA during that time period, and
been discriminated against; and
3) They must have complained to USDA or Tribal officials
about the discriminatory treatment that they received.
This class action lawsuit, entitled Keepseagle v. Glickman,
has been assigned to Judge Paul L. Friedman of the U.S.
District Court for the District of Columbia.
Plaintiffs' Lead Counsel on the case are Alexander J.
Pires, Jr., of Conlon, Frantz, Phelan & Pires, LLP,
and Phillip L. Fraas of Tuttle, Taylor & Heron. Mr.
Pires states that "what our government has done to
Native American farmers and ranchers is a national disgrace."
Pires further states that Lead Counsel "will file
for mediation immediately and ask the government to agree
to stop all pending foreclosures."
Tex Hall, a Native American rancher of the Three Affiliated
Tribes (the Mandan, Hidatsa, and Arikara Nations) on the
Fort Berthold reservation in North Dakota, notes: "This
lawsuit is the result of decades of discrimination by
the Farm Services Agency and its predecessors against
the original indigenous people of this land. As indigenous
people, we are the first farmers and ranchers of this
land. All we ever wanted is a fair chance to become successful."
For more information, contact Alexander J. Pires, Jr.,
at (202)331-7050 or (202)251-4358; or Phillip L. Fraas
at (202)342-1300 (Mr. Pires and Mr. Fraas are also Lead
Counsel in Pigford.)
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