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