Case: United States v. Blackpipe State Bank

5:93-cv-05115 | U.S. District Court for the District of South Dakota

Filed Date: Nov. 16, 1993

Closed Date: March 7, 1997

Clearinghouse coding complete

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 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 c…

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)

People


Judge(s)

Battey, Richard Howard (South Dakota)

Attorneys(s) for Plaintiff

Hancock, Paul F. (District of Columbia)

Mandel, Bob (South Dakota)

Reno, Janet (District of Columbia)

Ritter, Richard J. (District of Columbia)

Schreier, Karen E. (South Dakota)

Senger, Jeffrey M. (District of Columbia)

Turner, James P. (District of Columbia)

Zimmerman, Kenneth H. (New Jersey)

Attorneys(s) for Defendant

Wilbur, Brent A. (South Dakota)

Judge(s)

Battey, Richard Howard (South Dakota)

Attorneys(s) for Plaintiff

Hancock, Paul F. (District of Columbia)

Mandel, Bob (South Dakota)

Reno, Janet (District of Columbia)

Ritter, Richard J. (District of Columbia)

Schreier, Karen E. (South Dakota)

Senger, Jeffrey M. (District of Columbia)

Turner, James P. (District of Columbia)

Zimmerman, Kenneth H. (New Jersey)

Attorneys(s) for Defendant

Wilbur, Brent A. (South Dakota)

Documents in the Clearinghouse

Document

5:93-cv-05115

Docket [PACER]

March 7, 1997

March 7, 1997

Docket
4

5:93-cv-05115

Amended Complaint

Jan. 14, 1994

Jan. 14, 1994

Complaint
6

5:93-cv-05115

Consent Decree

Jan. 21, 1994

Jan. 21, 1994

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: one summons(es) issued by hand delivery to US Marshal (FE) (Entered: 11/16/1993)

Nov. 16, 1993

Nov. 16, 1993

2

CIVIL COVER SHEET (FE) (Entered: 11/16/1993)

Nov. 16, 1993

Nov. 16, 1993

3

SUMMONS (DEFENDANT(S) SERVED) (JLH) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

4

AMENDED COMPLAINT [1-1] by plaintiff (FE) (Entered: 01/18/1994)

Jan. 14, 1994

Jan. 14, 1994

Clearinghouse

MINUTES RE: consent decree (FE) (Entered: 01/21/1994)

Jan. 21, 1994

Jan. 21, 1994

5

MOTION for approval of consent decree by plaintiff USA, defendant Blackpipe State Bank (FE) (Entered: 01/21/1994)

Jan. 21, 1994

Jan. 21, 1994

6

CONSENT DECREE by plaintiff USA, defendant Blackpipe State Bank and Hon. Richard H. Battey. Copies mailed K. Zimmerman, B. Wilbur, J. Wefso and del US Atty, RC (FE) (Entered: 01/21/1994)

Jan. 21, 1994

Jan. 21, 1994

Clearinghouse
7

ORDER by Richard H. Battey administratively terminating case (cc:all counsel - K. Zimmerman, B. Wilbur, J. Wefso and US Atty, RC) (FE) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

8

NOTICE of non-opposition to dismissal of action by plaintiff USA (FE) (Entered: 03/07/1997)

March 7, 1997

March 7, 1997

9

MOTION AND ORDER by Richard H. Battey dismissing case (cc:all counsel) (FE) (Entered: 03/07/1997)

March 7, 1997

March 7, 1997

Case Details

State / Territory: South Dakota

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 1997

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native