Keepseagle
Keepseagle, et al. v. Vilsack, et al.
On November 24, 1999, thousands of Native American farmers and ranchers brought a case against the USDA, alleging that they have been systematically denied the same opportunities to obtain farm loans and farm loan servicing that have been routinely afforded white farmers. Plaintiffs further allege that the USDA denied them the opportunity to obtain redress for this discrimination by dismantling its civil rights office, thereby refusing to accept or destroying scores of civil rights complaints made by Native American farmers and ranchers. The complaint seeks both injunctive and monetary relief. In 2001, Judge Emmet Sullivan, District Judge for the U.S. District Court for the District of Columbia, granted Plaintiffs’ motion for class certification, thus permitting this case to proceed as a class action seeking remedies for Native American farmers and ranchers who have experienced discrimination at the hands of the USDA since 1981. The USDA petitioned the Court of Appeals to review the district court’s decision. In October 2002, the Court of Appeals issued an order denying review of the issues raised by the USDA, leaving Judge Sullivan’s class certification order in place.
The USDA has repeatedly tried to derail this case and delay a decision on the merits. By the summer of 2004, Plaintiffs were able to defeat the technical challenges raised by Defendant. The discovery process began in July 2004. Thus far, we have received over 400,000 pages of documents from the USDA, obtained USDA loan and debt servicing data that will assist our development of statistical evidence in support of this case, and taken over 15 depositions of USDA witnesses. The Court has set a deadline of May 22, 2009 for the conclusion of all discovery.
Foreclosures, Acceleration of Loans and Other USDA Debt Collection Against Keepseagle Class Members:
The Food, Conservation, and Energy Act of 2008, Pub. L. No. 110-234, § 14002, enacted on May 22, 2008, puts into effect a moratorium on acceleration and foreclosure proceedings by the USDA against any farmer or rancher who has filed a program discrimination claim. Accrual of interest and offsets are also to be waived while a complaint is pending, although if the farmer does not prevail in the discrimination complaint the accrued interest and offsets come due. The USDA has issued a notice, FLP-508, implementing the farm bill provision. Any borrower who has filed a discrimination complaint that has not yet been resolved should therefore not be subject to acceleration, foreclosure, the accrual of interest, or offsets. If you or someone you know has received a letter from the USDA threatening to foreclose on or accelerate your loan, please call the toll-free number below.
If you have any information about these practices by the USDA or you think you have been affected by the USDA's discrimination, please call, toll-free, 1-888-822-0844. Leave a message with your name, location, telephone number at which you can be reached and the best times to reach you.