Case: Watson Chiang, Gail v. Glickman, Daniel

1:00-cv-00004 | District Court of the Virgin Islands

Filed Date: Jan. 10, 2000

Closed Date: Dec. 4, 2009

Clearinghouse coding complete

Case Summary

This is a case about discrimination in federal housing programs administered by the Rural Housing Service (RHS) of the United States Department of Agriculture. The plaintiffs resided in the United States Virgin Islands and claimed that the RHS discriminated against them on the basis of their race, gender, and national origin through the course of administering rural housing programs in the United States Virgin Islands. They filed this lawsuit on January 10, 2000, in the United States District C…

This is a case about discrimination in federal housing programs administered by the Rural Housing Service (RHS) of the United States Department of Agriculture. The plaintiffs resided in the United States Virgin Islands and claimed that the RHS discriminated against them on the basis of their race, gender, and national origin through the course of administering rural housing programs in the United States Virgin Islands. They filed this lawsuit on January 10, 2000, in the United States District Court for the Virgin Islands and sought to represent a class of similarly situated persons. They brought their claims under the Equal Credit Opportunity Act (ECOA), the Fair Housing Act of 1988, the Administrative Procedure Act, and 42 U.S.C. §1983. 

There were three different ways that the plaintiffs alleged class members were discriminated against. First, some were denied an application and were told to put their names on an unlawful waiting list. This waiting list was a violation of the ECOA, and the plaintiffs estimated that the monetary damages amounted to $2.8 billion. Second, some members were given applications, but RHS then intentionally frustrated the system through delays, causing the members to be unable to obtain funding because the program would run out of funds, members would become ineligible, or members would give up on the process. Again, the plaintiffs alleged that this was a violation of the ECOA. Third, members that were able to obtain loans were denied loan services because of their race, gender, or national origin. The plaintiffs argued that the defendant participated in or agreed to the financing of substandard property or construction as part of its pattern of discrimination. The plaintiffs alleged that the defendant’s discriminatory actions violated their due process rights. As such, the plaintiffs sought declaratory and injunctive relief as well as monetary damages. The case was assigned to Judge Thomas K. Moore.

The plaintiffs defined their class as including “all persons who are Black, Hispanic, female, and/or Virgin Islanders who applied or attempted to apply for, and/or received” program benefits from RHS between January 1, 1981 and January 10, 2000. On February 28, 2003, the plaintiffs’ request for class certification was granted by Judge Moore. 213 F.R.D. 256. 

The defendant filed an interlocutory appeal to the United States Court of Appeals for the Third Circuit on October 2, 2003. In their appeal, the defendant argued that the class definition was overbroad and encompassed too many people for the action to be manageable. They also claimed that there were not common issues and thus class status would not be more beneficial than individual adjudications. 

On September 20, 2004, the Third Circuit affirmed in part the district court’s certification of the class. Writing for the court, Judge Edward Becker held that the commonality requirement for class certification was met as to the defendants alleged course of discriminatory conduct of placing applicants on waiting lists and otherwise delaying applications. While there was commonality as to the first two prongs of an ECOA claim, the court expressed doubts about whether there was commonality as to the latter two requirements––eligibility and denial by the defendant despite eligibility. Further, the court modified the class definition to include only “Virgin Islanders who applied or attempted to apply for, and/or received” benefits from the defendant because the court felt that a class certification including all Virgin Islanders who applied for aid was sufficient to encompass the plaintiffs’ claims. 385 F.3d 256. 

Following cross-motions for summary judgment, the district court on August 20, 2008, granted the defendant’s motion for summary judgment. The court reasoned that the administration of funds in the Virgin Islands was no different from the procedure in any state and that the plaintiffs had not produced sufficient evidence that the defendant made distinctions between applicants on the basis of a protected status. Moreover, the district court found that the statute of limitations had run on the plaintiffs’ ECOA claims. 2008 WL 3925260. 

The plaintiffs appealed this decision. On December 4, 2009, the Third Circuit Court of Appeals affirmed the District Court’s decision. Writing for the court, Judge Julio M. Fuentes agreed with the analysis of the District Court and found the arguments raised by the plaintiffs unpersuasive. 362 F. App’x 252. This case is closed. 

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5001624/parties/watson-chiang-gail-v-glickman-daniel/


Attorney for Plaintiff

Douglas, Dana L (Virgin Islands)

Attorney for Defendant

Carroll, James S (Virgin Islands)

Edney, Marsha S (Virgin Islands)

Expert/Monitor/Master/Other

Brady, Douglas A (Virgin Islands)

Chavez, Fernando F (Virgin Islands)

show all people

Documents in the Clearinghouse

Document

1:00-cv-00004

Memorandum

Chiang v. Veneman

Feb. 28, 2003

Feb. 28, 2003

Order/Opinion

213 F.R.D. 213

08:08-CV-04356

Opinion of the Court

Chiang v. Veneman

U.S. Court of Appeals for the Third Circuit

Sept. 20, 2004

Sept. 20, 2004

Order/Opinion

385 F.3d 385

1:00-cv-00004

Memorandum

Chiang v. Schafer

Aug. 20, 2008

Aug. 20, 2008

Order/Opinion

2008 WL 2008

08:08-CV-04356

Opinion of the Court

Virgin Island v. Vilsack

U.S. Court of Appeals for the Third Circuit

Jan. 27, 2010

Jan. 27, 2010

Order/Opinion

362 Fed.Appx. 362

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5001624/watson-chiang-gail-v-glickman-daniel/

Last updated April 7, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
556

NOTICE of appearance of class member Clarence A. Molloy III eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
557

NOTICE of appearance of class member Trinisia Milligan-Jones eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
558

NOTICE of appearance of class member Angela Miller eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
559

NOTICE of appearance of class member Debra Miller eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
560

NOTICE of appearance of class member Armando Munoz eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
561

NOTICE of appearance of class member Tricia Y. Motta eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
562

NOTICE of appearance of class member Charlesworth Nicholas eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
563

NOTICE of appearance of class member Virginia Noel eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
564

NOTICE of appearance of class member Jeniece O'Reilly eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
565

NOTICE of appearance of class member Reeshemah Malika Payne eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
566

NOTICE of appearance of class member Eulogio Perez, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
567

NOTICE of appearance of class member Anna Petersen eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
568

NOTICE of appearance of class member Petrine Phillip-Allen eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
569

NOTICE of appearance of class member Martina L. Rodney eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
570

NOTICE of appearance of class member Avonelle Sackey eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
571

NOTICE of appearance of class member Cheryl Sam eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
572

NOTICE of appearance of class member Eva Sampson eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
573

NOTICE of appearance of class member Medinet Edole eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
574

NOTICE of appearance of class member Anna Encarnacion eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
575

NOTICE of appearance of class member Estate of Pedro Veronica Paulina, Sr. eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
576

NOTICE of appearance of class member Mariel Y. Felix eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
577

NOTICE of appearance of class member Wendy Ann Fleming eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
578

NOTICE of appearance of class member Veronica France-Rqwlins eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
579

NOTICE of appearance of class member Reola A. Garcia eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
580

NOTICE of appearance of class member David Gonzalez eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
581

NOTICE of appearance of class member Michelle Grant eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
583

NOTICE of appearance of class member John Green eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
584

NOTICE of appearance of class member Emile A. Hansen, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
585

NOTICE of appearance of class member Diane L. Hansen eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
586

NOTICE of appearance of class member Monet Harrigan eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
587

NOTICE of appearance of class member Millicent Hendrickson-John eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
588

NOTICE of appearance of class member Annette L. Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
589

NOTICE of appearance of class member Claudette V. Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
590

NOTICE of appearance of class member Erica Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
591

NOTICE of appearance of class member Nathalie Humphreys eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
592

NOTICE of appearance of class member Arah Howard eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
593

NOTICE of appearance of class member Ralph Ible eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
594

NOTICE of appearance of class member Dillon Inglis eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
595

NOTICE of appearance of class member Lloyd Jacobs, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
596

NOTICE of appearance of class member Michael E. Javois eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
597

NOTICE of appearance of class member Carol Azille eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
598

NOTICE of appearance of class member Laurie E. Berley eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
599

NOTICE of appearance of class member Lynncia A. Blyden eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
600

NOTICE of appearance of class member Antoinette Boissiere eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
601

NOTICE of appearance of class member Maxima Brabell eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
602

NOTICE of appearance of class member Iva Brandy eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
603

NOTICE of appearance of class member Dawn Brodhurst eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
604

NOTICE of appearance of class member Rosenel Brown eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
605

NOTICE of appearance of class member Dutchelle C. Browne eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
606

NOTICE of appearance of class member Geraldine Bryar eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
607

NOTICE of appearance of class member Thrisha M. Byron eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
608

NOTICE of appearance of class member John Camacho eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
609

NOTICE of appearance of class member Andrea Christian eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
610

NOTICE of appearance of class member Juanita Teresa Clarke eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
611

NOTICE of appearance of class member Mervyn Constantine, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
612

NOTICE of appearance of class member Paula Sydney Cumbermack eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
613

NOTICE of appearance of class member Donald Donovan eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
614

NOTICE of appearance of class member Eurita Donovan eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
615

NOTICE of appearance of class member Ann Edney eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
616

NOTICE of appearance of class member Matthew Edole eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
617

NOTICE of appearance of class member Reuben H.M. Aaron eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
618

NOTICE of appearance of class member Adelle Allen-Marcus eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
619

NOTICE of appearance of class member Edith Augustine eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
620

VOLUME (11) ELEVEN eod 07/08/02 [NAH] (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
621

NOTICE appearance of class member Veronica Aldonza eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
622

NOTICE appearance of class member Liz M. Ayala eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
623

NOTICE appearance of class member Trevor Belgrave eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
624

NOTICE appearance of class member Regna A. Bersford eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
625

NOTICE appearance of class member Earl Braffith eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
626

NOTICE appearance of class member Urscelyn Charles eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
627

NOTICE appearance of class member Avril Christian eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
628

NOTICE appearance of class member Neisha Christopher eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
629

NOTICE appearance of class member Leonard Cruz eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
630

NOTICE appearance of class member Christine Danielson eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
631

NOTICE appearance of class member Karlena De leon eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
632

NOTICE appearance of class member Sylvia Edwards eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
633

NOTICE appearance of class member Carmen Espinosa eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
634

NOTICE appearanc eof class member Kaye Evans eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
635

NOTICE appearance of class member Rochelle Felix eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
636

NOTICE appearance of class member Verna France eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
637

NOTICE appearance of class member Constantin Francis eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
638

NOTICE appearance of class member Roger Gaston eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
639

NOTICE appearance of class member Holly Gay Adeen/Dukhie eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
640

NOTICE appearance of class member Meriba Greenridge-Jacobs eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
641

NOTICE appearance of class member Lorna Joseph eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
642

NOTICE appearance of class member Trevor Kelly eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
643

NOTICE appearance of class member Louise Lazare eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
644

NOTICE appearance of class member Mary Jane Leon eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
645

NOTICE appearance of class member Greta Thomas Liburd eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
646

NOTICE appearance of class member Janette Liburd eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
647

NOTICE appearance of class member Marilyn V. Martin eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
648

NOTICE appearance of class member Barbara McBean eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
649

NOTICE appearance of class member Germaine A. Miller eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
650

NOTICE appearance of class member Denice Miller-Watts eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
651

NOTICE appearance of class member Fariline Moorehead eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
652

NOTICE appearance of class member Patrick Noel eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
653

NOTICE appearance of class member Arlene O'Reilly eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
654

NOTICE appearance of class member Bernadette A. Parrish eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
655

NOTICE appearance f class member Marisol Perez eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
656

NOTICE appearance of class member Claudia Payne eod 07/10/02 [MWR] (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER

Case Details

State / Territory: Virgin Islands

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Jan. 10, 2000

Closing Date: Dec. 4, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are individuals who resided in the United States Virgin Islands who claimed that the Rural Housing Service discriminated against them on the basis of their race, gender, and national origin through the course of administering rural housing programs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Agriculture, Federal

Defendant Type(s):

Housing Authority

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Housing

Housing assistance

Pattern or Practice

Public assistance grants

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

Discrimination Area:

Disparate Treatment

Housing Sales/Rental

Lending

Discrimination Basis:

National origin discrimination

Race discrimination

Sex discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

Black

Affected Sex/Gender(s):

Female