Pigford v. Glickman
Case history
The lawsuit was filed in 1997 by
Timothy Pigford, who was joined by 400 additional African-American
farmer plaintiffs. Dan Glickman, the Secretary of Agriculture, was the
nominal defendant. The allegations were that the USDA treated black
farmers unfairly when deciding to allocate price support loans, disaster
payments, "farm ownership" loans, and operating loans, and that the
USDA had failed to process subsequent complaints about racial
discrimination.[1][2]
After the lawsuit was filed,
Pigford requested blanket mediation to cover what was thought to be about 2,000
farmers who may have been discriminated against, but the U.S. Department of
Justice opposed the mediation, saying that each case had to be investigated
separately. As the case moved toward trial, the presiding judge certified as a
class all black farmers who filed discrimination complaints against the USDA
between 1983 and 1997.
The Pigford consent decree
established a two-track dispute resolution
mechanism for those seeking
relief.
The most widely used option was
called "Track A".[2] which could provide a monetary settlement of
$50,000 plus relief in the form of loan forgiveness and offsets of tax
liability.
Track A claimants had to present
substantial evidence (i.e., a reasonable basis for finding that discrimination
happened) that:
claimant owned or leased, or
attempted to own or lease, farm land;
claimant applied for a specific
credit transaction at a USDA county office during the applicable period;
the loan was denied, provided
late, approved for a lesser amount than requested, encumbered by restrictive
conditions, or USDA failed to provide appropriate loan service, and such
treatment was less favorable than that accorded specifically identified,
similarly situated white farmers; and
the USDA’s treatment of the loan
application led to economic damage to the class member.
Alternatively, affected farmers
could follow the "Track B" [2] process. Track B claimants had to
prove their claims and actual damages by a preponderance of the evidence (i.e.,
it is more likely than not that their claims are valid). The documentation to
support such a claim and the amount of relief are reviewed by a third party
arbitrator, who makes a binding decision. The consent decree also provided
injunctive relief, primarily in the form of priority consideration for loans
and purchases, and technical assistance in filling out forms. Finally,
plaintiffs were permitted to withdraw from the class and pursue their
individual cases in federal court or through the USDA administrative
process.[2]
This settlement was approved on
April 14, 1999, by Judge Paul L. Friedman of the U.S. District Court for the
District of Columbia.
Daniel R.
Glickman
Daniel R.
Glickman was the secretary for the U.S. Department of Agriculture, a
senior adviser for Akin, Gump, Strauss, Hauer & Feld, LLP, is a
director, Congressional Program for the Aspen Institute (think tank), a
member of the Council on Foreign Relations (think tank), and a director
at Oxfam America.
Note: David Carlin was
the assistant secretary for the U.S. Department of Agriculture, and is a
partner at Akin, Gump, Strauss, Hauer & Feld, LLP.
Vernon E. Jordan Jr. is a senior
counsel for Akin, Gump, Strauss, Hauer & Feld, LLP, a member of the
Council on Foreign Relations (think tank), an honorary trustee at the Brookings
Institution (think tank), Valerie B. Jarrett’s great uncle, a director at
the American Friends of Bilderberg (think tank), and a 2008 Bilderberg
conference participant (think tank).
Cyrus F.
Freidheim Jr. is a member of the Council on Foreign Relations (think
tank), an honorary trustee at the Brookings Institution (think tank),
and a member of the Commercial Club of Chicago.
Valerie B. Jarrett
is Vernon
Foundation
to Promote Open Society was a funder for the Aspen Institute (think
tank), the Brookings Institution (think tank), and the Center for
American Progress.
George
Soros is the chairman for the Foundation to Promote Open Society, a
member of the Council on Foreign Relations (think tank), and the founder
& chairman for the Open Society Foundations, and was a supporter for
the Center for American Progress.
Open
Society Foundations was a funder for the American Constitution Society,
the Alliance for Justice, and the Center for American Progress.
Ramona E. Romero
was a director at the American Constitution Society, and is the general
counsel for the U.S. Department of Agriculture.
Eric H. Holder Jr.
was a board member for the American Constitution Society, and is the
attorney general at the U.S. Department of Justice for the Barack
Obama administration.
Henry F.
Schuelke III was the assistant U.S. attorney for the U.S.
Department of Justice, and a member, committee on grievances for the U.S.
District Court for the District of Columbia.
Michael E.
O'Neill was an appellate litigator for the U.S.
Department of Justice, and is nominated to serve for the U.S. District
Court for the District of Columbia.
Janet
Reno is a board of adviser’s member for the American Constitution
Society, and was the attorney general for the U.S. Department of Justice.
Robert
Raben is a director at the American Constitution Society, a director
at the Alliance for Justice, the president of the Raben Group,
and was the assistant attorney general for the U.S.
Melody
C. Barnes was a principal for the Raben Group, the domestic policy
council, director for the Barack Obama administration, the EVP for the Center
for American Progress, and is a Barack Obama’s golf partner
Gayle
E. Smith was a senior fellow at the Center for American Progress, a
board member for the Africa-America Institute, an advisory council
member at the Acumen Fund, a director at Oxfam America, and is a
member of the Council on Foreign Relations (think tank).
Carlton A.
Masters is a board member at the Africa-America Institute, and a
member of the Council on Foreign Relations (think tank).
Mora
L. McLean is the president & CEO for the Africa-America Institute,
and a member of the Council on Foreign Relations (think tank).
Maurice
Tempelsman is a board member at the Africa-America Institute, and a
member of the Council on Foreign Relations (think tank).
Steven B.
Pfeiffer is a board member at the Africa-America Institute, a member
of the Council on Foreign Relations (think tank), and a director at the NAACP
Legal Defense & Educational Fund.
Adebayo O.
Ogunlesi was a board member at the Africa-America Institute, is a
director at the NAACP Legal Defense & Educational Fund, and a
trustee at the Carnegie Endowment for International Peace (think tank).
Open
Society Foundations was a funder for the Carnegie Endowment for
International Peace (think tank), and Amnesty International.
Amnesty @ Oxfam Get Together
Join us at the East Oxford Community Centre on Monday 4th
March from
7pm for our showing of EQUALS: Making Women Matter-a film
about the
challenges and choices facing young women in Africa and Asia as they
strive to improve their life chances.
A raffle and refreshments will also be available on the
night, and
tickets are available on the door priced at £5. All money
raised goes
towards Oxfam’s Get Together campaign which raises
money for women
living in poverty, and there will be actions to sign in
support of Amnesty International.
George
Soros is the founder & chairman for the Open Society Foundations,
a member of the Council on Foreign Relations (think tank), Andrea Soros
father, and the chairman for the Foundation to Promote Open Society.
Andrea
Soros is George Soros daughter, and a director at the Acumen Fund.
Foundation
to Promote Open Society was a funder for the Carnegie Endowment for
International Peace (think tank), the NAACP Legal Defense &
Educational Fund, and the Aspen Institute (think tank).
Daniel R.
Glickman is a director, Congressional Program for the Aspen Institute
(think tank), a director at Oxfam America, a member of the Council
on Foreign Relations (think tank), was a senior adviser for Akin, Gump,
Strauss, Hauer & Feld, LLP, and the secretary for the U.S.
Department of Agriculture.
Gayle
E. Smith was an advisory council member at the Acumen Fund, a
director at Oxfam America, a senior fellow at the Center for American
Progress, a board member for the Africa-America Institute, and is a
member of the Council on Foreign Relations (think tank).
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