Case: Faust v. Rollins

1:25-cv-00854 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: June 16, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged three funding programs operated by the U.S. Department of Agriculture (USDA) which allegedly gave preferential treatment to women and racial minorities. Plaintiff, a white male, double amputee, and Wisconsin dairy farmer, claimed that he was statutorily ineligible for fee waivers, better loan guarantees, and higher reimbursement rates because he was not a member of a group defined as "socially disadvantaged" by USDA. Plaintiff cited three January 2025 executive orders issue…

This case challenged three funding programs operated by the U.S. Department of Agriculture (USDA) which allegedly gave preferential treatment to women and racial minorities. Plaintiff, a white male, double amputee, and Wisconsin dairy farmer, claimed that he was statutorily ineligible for fee waivers, better loan guarantees, and higher reimbursement rates because he was not a member of a group defined as "socially disadvantaged" by USDA. Plaintiff cited three January 2025 executive orders issued by President Trump, which purported to cease "all discriminatory or illegal preferences" used by the federal government, as requiring USDA to halt its use of the challenged preferences. Plaintiff alleged USDA's alleged preferential treatment in funding violated the Equal Protection Clause.

Represented by the Wisconsin Institute for Law & Liberty, plaintiff filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin on June 16, 2025. The lawsuit named the U.S. Secretary of Agriculture as a defendant. Plaintiff requested a declaration that the three funding programs were unconstitutional, preliminary and permanent injunctions against their use of race- or sex-based classifications, and attorneys' fees. The case was assigned to Judge Byron B. Conway.

Plaintiff, along with four other white farmers, was lead plaintiff in a 2021 case that also challenged USDA's restriction of certain Covid relief funds to "socially disadvantaged" groups. That case, Faust v. Vilsack, resulted in a preliminary injunction against USDA's restrictions; the case was ultimately mooted by the repeal of the challenged provision as part of the Inflation Reduction Act of 2022.

This case is ongoing.

Summary Authors

Matt Petrillo (6/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70551775/parties/faust-v-rollins/


Attorney for Plaintiff

Esenberg, Richard M (Wisconsin)

Lennington, Daniel P (Wisconsin)

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Documents in the Clearinghouse

Document
1

1:25-cv-00854

Complaint

June 16, 2025

June 16, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70551775/faust-v-rollins/

Last updated Aug. 21, 2025, 2:03 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Adam P Faust. ( Filing Fee PAID $405 receipt number AWIEDC-4974830)(Lennington, Daniel) (Additional attachment(s) added on 6/16/2025: # 1 Civil Cover Sheet) (edr).

1 Civil Cover Sheet

View on PACER

June 16, 2025

June 16, 2025

RECAP
2

REQUEST for Issuance of Summons by Adam P Faust (Lennington, Daniel)

June 16, 2025

June 16, 2025

PACER
3

DISCLOSURE Statement by Adam P Faust. (Lennington, Daniel)

June 16, 2025

June 16, 2025

PACER
4

NOTICE of Appearance by Richard M Esenberg on behalf of Adam P Faust. Attorney(s) appearing: Richard M. Esenberg (Esenberg, Richard)

June 16, 2025

June 16, 2025

PACER

Notice of Judge Assignment

June 16, 2025

June 16, 2025

PACER

NOTICE Regarding assignment of this matter to Judge Byron B Conway; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)

June 16, 2025

June 16, 2025

PACER

Summons Issued

June 17, 2025

June 17, 2025

PACER

Summons Issued as to Brooke Rollins. (kwf)

June 17, 2025

June 17, 2025

PACER
5

Magistrate Judge Jurisdiction Form filed by Adam P Faust. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Lennington, Daniel)

July 17, 2025

July 17, 2025

PACER

SECOND NOTICE from the clerk to Plaintiff requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 21 days; the form is available here. (jmk)

July 17, 2025

July 17, 2025

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Diversity/Equity/Inclusion/Accessibility (DEIA) and/or Antisemitism)

Key Dates

Filing Date: June 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white male dairy farmer from Wisconsin.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Agriculture (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

White

Affected Sex/Gender(s):

Male