University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Nixon FH-TX-0006
Docket / Court 5:11-cv-00488 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On June 17, 2011, the United States filed a lawsuit in the United States District Court for the Western District of Texas, under the Equal Credit Opportunity Act, 15 U.S.C. §§1691-1691f ("ECOA") against the Nixon State Bank. The Nixon State Bank is a community-based bank in Nixon, Texas that ... read more >
On June 17, 2011, the United States filed a lawsuit in the United States District Court for the Western District of Texas, under the Equal Credit Opportunity Act, 15 U.S.C. §§1691-1691f ("ECOA") against the Nixon State Bank. The Nixon State Bank is a community-based bank in Nixon, Texas that offers a range of loan products, including mortgage loans, consumer loans, commercial loans, and agriculture loans. The U.S. alleged that in making these loans, the bank exhibited a pattern or practice of anti-Hispanic discrimination, providing loans to Hispanics at higher rates than to non-Hispanics, without justification.

Settlement negotiations preceded the filing of the complaint, and on June 21, 2011, the District Court (Judge Fred Biery) approved a consent order, under which the defendant agreed to develop and establish uniform pricing policies and procedures designed to ensure nondiscriminatory pricing, and to numerous other implementation provisions, including fair credit training, systemic monitoring, complaint resolution processes, and $91,000 in damages to aggrieved persons. The provisions of the order were scheduled to last 4 and 1/4 years.

- 10/20/2012


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Bank or credit provider
Discrimination-area
Lending
Discrimination-basis
National origin discrimination
General
Disparate Treatment
Pattern or Practice
Predatory lending
National Origin/Ethnicity
Hispanic
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Defendant(s) Nixon State Bank
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
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 2011 - 2015
Case Closing Year 2014
Case Ongoing Unknown
Docket(s)
5:11-cv-00488 (W.D. Tex.) 06/30/2011
FH-TX-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/17/2011
FH-TX-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Order 06/21/2011
FH-TX-0006-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Biery, Samuel Frederick Jr. (W.D. Tex.)
FH-TX-0006-0002 | FH-TX-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Perez, Thomas E. (District of Columbia)
FH-TX-0006-0001 | FH-TX-0006-0002
Rosenbaum, Steven H. (District of Columbia)
FH-TX-0006-0001 | FH-TX-0006-0002
Seward, Jon M. (District of Columbia)
FH-TX-0006-0001 | FH-TX-0006-0002
Shaw-Meadow, Robert (Texas)
FH-TX-0006-0001 | FH-TX-0006-0002 | FH-TX-0006-9000
Defendant's Lawyers Delionado, John (Florida)
FH-TX-0006-0002
Other Lawyers None on record

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