Case: Carpenter v. Vilsack

0:21-cv-00103 | U.S. District Court for the District of Wyoming

Filed Date: May 24, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their…

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."

The plaintiff, a white rancher from southeast Colorado, filed this lawsuit in the United States District Court for the District of Wyoming on May 24, 2021. The case was assigned to District Judge Nancy D Freudenthal. The plaintiff allege that Section 1005's categorization of socially disadvantaged groups prevented her from receiving a government benefit because of her race and thus was a racial classification that violated her Equal Protection rights. Represented by attorneys from the Mountain States Legal Foundation, the Southeastern Legal Foundation, and a private law firm, she asked the court for declaratory and injunctive relief, attorneys' fees, and nominal damages of one dollar.

On August 16, 2021, the district court stayed this case pending the resolution of Miller v. Vilsack, another challenge to the same program being litigated in the Northern District of Texas. In that case, the court had enjoined the implementation of Section 1005 and certified a class of farmers who would have received benefits if not for the provision's socially disadvantaged groups category.

The case is ongoing.

Summary Authors

Jonah Hudson-Erdman (11/14/2021)

People


Judge(s)

Freudenthal, Nancy Dell (Wyoming)

Rankin, Kelly H. (Wyoming)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

Hermann, Kimberly S. (Georgia)

Stubson, Timothy Michael (Wyoming)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Vassallo, Nicholas (Wyoming)

Judge(s)

Freudenthal, Nancy Dell (Wyoming)

Rankin, Kelly H. (Wyoming)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

Hermann, Kimberly S. (Georgia)

Stubson, Timothy Michael (Wyoming)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Vassallo, Nicholas (Wyoming)

Documents in the Clearinghouse

Document

0:21-cv-00103

Docket [PACER]

Carpenter v. United States Department of Agriculture Secretary

Aug. 16, 2021

Aug. 16, 2021

Docket
1

0:21-cv-00103

Complaint for Declaratory and Injunctive Relief

May 24, 2021

May 24, 2021

Complaint
33

0:21-cv-00103

Order Granting Defendants' Motion to Stay

Aug. 16, 2021

Aug. 16, 2021

Order/Opinion

Resources

Docket

Last updated May 31, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wyoming

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: May 24, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white rancher from southeast Wyoming

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Agriculture (- United States (national) -), Federal

Secretary (Washington), Federal

Administrator (Washington), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Race discrimination

Race:

White