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Shade v. United States Congress
942 F. Supp. 2d 43
D.D.C.
2013
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Background

  • Seven pro se plaintiffs (led by Shade) filed identical one-page handwritten complaints in this court alleging discrimination by USDA.
  • Defendants are Congress, the U.S. Government, the U.S. House of Representatives, and Secretary of Agriculture Vilsack; motions to dismiss under Rule 12(b)(1) and 12(b)(6) are pending.
  • Many attachments accompany the complaints, including records from Shade’s Pigford v. Glickman claims adjudication; Shade’s submission includes an extra page elaborating his theory.
  • Shade received $50,000 under Pigford Track A; other plaintiffs’ damages or Pigford status are unclear from the filings.
  • Court discusses sovereign immunity, the Speech and Debate Clause, standing, and the Pigford Consent Decree as to why the complaints fail; ultimately, all claims are dismissed.
  • The court issues an order dismissing the complaints and explains the rationale for dismissal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the United States is immune from the suit Shade argues discrimination claims against USDA. Government claims no waiver of sovereign immunity. Claims barred by sovereign immunity.
Whether Congress and the House are protected by Speech and Debate Clause Plaintiffs allege conduct by Congress/House. Claims arise from legislative actions; protected. Claims barred by Speech and Debate Clause.
Whether plaintiffs have standing to sue the United States/Congress/House Plaintiffs suffered injuries from USDA discrimination. No concrete, traceable injury linked to defendants. Lack of standing; dismissal appropriate.
Whether any viable claim exists under Pigford/FEA timing Potential damages beyond $50,000; otherwise unresolved. Track A payment fixed; Track B options; decree limitations. No statutory authority; claim barred by Pigford Consent Decree and SOL.

Key Cases Cited

  • United States v. Meyer, 510 U.S. 471 (1994) (sovereign immunity waivers must be unequivocal)
  • United States v. Wade, 255 F.3d 833 (D.C. Cir. 2001) (waiver must be explicit; jurisdictional bar)
  • Eastland v. U.S. Servicemen’s Fund, 421 U.S. 491 (1975) (Speech and Debate Clause absolute immunity for legislative acts)
Read the full case

Case Details

Case Name: Shade v. United States Congress
Court Name: District Court, District of Columbia
Date Published: Apr 19, 2013
Citation: 942 F. Supp. 2d 43
Docket Number: Civil Action No. 2012-1774
Court Abbreviation: D.D.C.