White v. Vilsack
80 F. Supp. 3d 123
D.D.C.2015Background
- White sues USDA for historical discrimination against African American farmers seeking credit and benefits; pro se plaintiff cites ECOA, Civil Rights Act Title VI, Fifth Amendment due process/equal protection, and 42 U.S.C. § 1983.
- Case relies on Pigford v. Glickman consent decree and related In re Black Farmers Discrimination Litigation settlements.
- Pigford class was resolved via a consent decree; thousands benefited, with funds over $1 billion; later Farm Bill provided additional relief.
- White seeks to reopen or create a new class for those left out or inadequately represented, and challenges consent/settlement provisions.
- Court dismisses for lack of standing, lack of jurisdictional authority under sovereign immunity, lack of timely claims, and res judicata effects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether White has standing to challenge the settlements. | White seeks relief for would-be class members. | White lacks standing as non-member; settlements preclude new claims. | Supported – White lacks standing to object to terms. |
| Whether Pigford and In re Black Farmers settlements foreclose new claims. | Class members left out deserve relief. | Settlements bind those not timely pursuing claims. | Foreclosed; preclusive effect applies. |
| Whether the settlements can be modified or reopened for new claims. | Potentially, based on ineffective counsel or notice. | No modification absent specific grounds; deadlines passed. | No modification or new claims permitted. |
| Whether FTCA or other federal statutes create a live claim against the United States. | FTCA might waive immunity. | FTCA does not apply to this claim. | FTCA does not apply; no viable federal cause of action. |
Key Cases Cited
- Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) (context of discrimination and consent decree mechanics)
- Pigford v. Veneman, 208 F.R.D. 21 (D.D.C. 2002) (preclusion of new claims under settlement)
- Pigford v. Veneman, 355 F. Supp. 2d 148 (D.D.C. 2005) (standing and relief limitations under settlements)
- In re Black Farmers Discrimination Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) (narrow class; settlement definitions and deadlines)