Filed Date: Nov. 16, 1993
Closed Date: March 7, 1997
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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.
Summary Authors
Andrew Nash (6/2/2008)
Battey, Richard Howard (South Dakota)
Hancock, Paul F. (District of Columbia)
Mandel, Bob (South Dakota)
Reno, Janet (District of Columbia)
Ritter, Richard J. (District of Columbia)
Battey, Richard Howard (South Dakota)
Last updated July 6, 2023, 3:07 a.m.
State / Territory: South Dakota
Case Type(s):
Fair Housing/Lending/Insurance
Special Collection(s):
Key Dates
Filing Date: Nov. 16, 1993
Closing Date: March 7, 1997
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States, on behalf of Native Americans charged higher interest rates than other equally qualified applicants by Blackpipe State Bank.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Blackpipe State Bank, Private Entity/Person
Case Details
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1994 - 1997
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: