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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 ...
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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
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Case Details
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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
Filed Pro Se
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
1994 - 1997
Filed
11/16/1993
Case Closing Year
1997
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
D.S.D.
03/07/1997
5:03-cv-05115-RHB
FH-SD-0002-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.S.D.
01/14/1994
Amended Complaint
FH-SD-0002-0001.pdf
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Detail
D.S.D.
01/21/1994
Consent Decree
FH-SD-0002-0002.pdf
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Detail
People
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Judges
Battey, Richard Howard
(D.S.D.)
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FH-SD-0002-0002 | FH-SD-0002-9000
Plaintiff's Lawyers
Hancock, Paul F.
(District of Columbia)
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FH-SD-0002-0001 | FH-SD-0002-0002
Mandel, Bob
(South Dakota)
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FH-SD-0002-0001 | FH-SD-0002-0002
Reno, Janet
(District of Columbia)
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FH-SD-0002-0001 | FH-SD-0002-0002
Ritter, Richard J.
(District of Columbia)
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FH-SD-0002-0001 | FH-SD-0002-0002
Schreier, Karen E.
(South Dakota)
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FH-SD-0002-0001 | FH-SD-0002-0002 | FH-SD-0002-9000
Senger, Jeffrey M.
(District of Columbia)
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FH-SD-0002-0001 | FH-SD-0002-0002
Turner, James P.
(District of Columbia)
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FH-SD-0002-0001 | FH-SD-0002-0002
Zimmerman, Kenneth H.
(New Jersey)
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FH-SD-0002-0001 | FH-SD-0002-0002
Defendant's Lawyers
Wilbur, Brent A.
(South Dakota)
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FH-SD-0002-0002
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