University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Blackpipe State Bank FH-SD-0002
Docket / Court 5:93-cv-05115-RHB ( D.S.D. )
State/Territory South Dakota
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
The Department of Justice filed suit in the U.S. District Court for the District of South Dakota on November 16, 1993, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f. The DOJ alleged that the Defendant-lender ... read more >
The Department of Justice filed suit in the U.S. District Court for the District of South Dakota on November 16, 1993, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f. The DOJ alleged that the Defendant-lender was the only commercial lender operating in an area principally populated by Native Americans, and that the Defendant had a policy of not extending loans tied to collateral that would be subject to tribal courts. The DOJ also alleged that the Defendant-lender imposed numerous discriminatory conditions on loans that it extended to Native American borrowers.

The parties entered a consent decree on January 21, 1994. The consent decree required the Defendant-lender to refrain from discriminating against Native Americans; in particular, the agreement forbade the Defendant from discriminating against prospective borrowers based on the fact that their collateralized property might be subject to tribal court jurisdiction. The consent decree also required the Defendant-lender to market its products to Native Americans, to recruit Native Americans for employment and promotion, and to apply to be certified as an approved lender by the Bureau of Indian Affairs.

Pursuant to a motion by the DOJ, the District Court dismissed the case on March 7, 1997.

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Funding
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
American Indian/Alaskan Native
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Defendant(s) Blackpipe State Bank
Plaintiff Description United States, on behalf of Native Americans charged higher interest rates than other equally qualified applicants by Blackpipe State Bank.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1994 - 1997
Case Closing Year 1997
Case Ongoing No
Docket(s)
5:03-cv-05115-RHB (D.S.D.) 03/07/1997
FH-SD-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 01/14/1994
FH-SD-0002-0001 PDF | Detail
Consent Decree 01/21/1994
FH-SD-0002-0002 PDF | Detail
Judges Battey, Richard Howard (D.S.D.)
FH-SD-0002-0002 | FH-SD-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hancock, Paul F. (District of Columbia)
FH-SD-0002-0001 | FH-SD-0002-0002
Mandel, Bob (South Dakota)
FH-SD-0002-0001 | FH-SD-0002-0002
Reno, Janet (District of Columbia)
FH-SD-0002-0001 | FH-SD-0002-0002
Ritter, Richard J. (District of Columbia)
FH-SD-0002-0001 | FH-SD-0002-0002
Schreier, Karen E. (South Dakota)
FH-SD-0002-0001 | FH-SD-0002-0002 | FH-SD-0002-9000
Senger, Jeffrey M. (District of Columbia)
FH-SD-0002-0001 | FH-SD-0002-0002
Turner, James P. (District of Columbia)
FH-SD-0002-0001 | FH-SD-0002-0002
Zimmerman, Kenneth H. (New Jersey)
FH-SD-0002-0001 | FH-SD-0002-0002
Defendant's Lawyers Wilbur, Brent A. (South Dakota)
FH-SD-0002-0002
Other Lawyers None on record

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