Posts Tagged ‘Keepseagle v. Vilsack’

From left, Marilyn Keepseagle, Claryca Mandan, and Porter Holder, plaintiffs in a class-action lawsuit by American Indian farmers, celebrate outside the federal courthouse in Washington, Tuesday, Oct. 19, 2010. The lawsuit filed in 1999 contends Indian farmers and ranchers lost about $500 million because they were denied USDA loans. (AP Photo/J. Scott Applewhite)


The historic Keepseagle settlement was granted final approval by a judge in Washington, D.C., this week.

The suit, brought against the USDA by George and Marilyn Keepseagle 11 years ago, held that Native farmers seeking loans through the federal department had long faced discrimination on many fronts. It was settled for a record $760 million dollars; $680 million will be paid in damages $80 million will be used to forgive outstanding farm loan debt, according to the ICTMN.

    According to lawyers for the plaintiffs, the settlement’s $760 million in monetary relief represents about 98 percent of what the plaintiffs could possibly have won at trial.

    Of note, all funds for the settlement will be paid from the federal Judgment Fund, which is controlled by the U.S. Department of Justice, and will not have to be approved by Congress. In contrast, last year’s infamous Cobell settlement was set up in such a way that required congressional approval—thus causing multiple delays.

    Native American farmers and ranchers now have until Dec. 24, 2011 to file claims for damages and debt relief.

Jenna Cederberg

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Happy Father’s Day!
Jim Boyd’s song, “Father and Farther,” was featured in “Smoke Signals,” the movie based on Sherman Alexie’s short stories. Meanwhile, in Carroll County, Ark., the annual Father’s Day Powwow is going on this weekend, according to this Carroll County News story. Happy Father’s Day to all the dads!

Sounding off on New York’s latest cigarette tax plan aimed at Native Americans

Managing editor Eric DuVall of the Tonawanda News does not think much of New York’s plan to tax tribes’ cigarette sales. Of the complicated plan, he says here: “Either system would be surely subjected to a court review, and considering either system does mean that Native Americans will be taxed on sales to fellow Native Americans, it’s likely to be struck down. And if it isn’t, I sincerely hope they go back to burning tires on the Thruway.”

Deadline extended in Keepseagle suit on behalf of Indian farmers and ranchers
Shades of Cobell – the deadline to settle a lawsuit on behalf of Native American farmers and ranchers denied access to USDA loans has been extended until July 29. A tentative agreement in a similar case involve Hispanic ranchers reportedly has been reached, Rob Capriccioso of Indian Country Today writes here. A report in the Keepseagle v. Vilsack case estimates Native farmers and ranchers were denied about $3 billion in credit, resulting in between $500 million and $1 billion in damages.

Salish language camp attracts students of all ages
Last week’s Salish language camp on the Flathead Indian Reservation in western Montana was a blend of old and new, B.L. Azure writes here in the Char-Koosta News. Part of the Salish Language and Culture Camp held by the Salish Pend d’Oreille Culture Committee involved lessons by Shirley Trahan, who used a MacBook Pro computer loaded with the Salish language font.

Wisconsin tells school to dump Ho-Chunk chief logo
The state of Wisconsin wants the Osseo-Fairchild high school to ditch its nickname — the Chieftains — and logo of a Ho-Chunk chief. Local parents Harvey and Carol Gunderson filed a complaint about the logo. “It’s about a matter of psychological harm to students. Research has found that it lowers the self-esteem of American-Indian students, but it raises the self-esteem of European-American students,” Harvey Gunderson tells WQOW, here. The state agrees, but a school board member is fighting the order. A hearing is set for June 28.

Gwen Florio

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Native American farmers and ranchers have been waiting a long time for results from their Keepseagle v. Vilsack case.

The case seeks redress for Indian people denied millions of dollars in the same sorts of ag loans that went to their white neighbors (see previous post, here). But hope may be on the horizon.

As the AP’s Ben Evans reports here:

George Keepseagle of Fort Yates, N.D., lead plaintiff in the Keepseagle v. Vilsack case. (AP photo)

George Keepseagle of Fort Yates, N.D., lead plaintiff in the Keepseagle v. Vilsack case. (AP photo)

    The Obama administration on Tuesday offered $1.3 billion to settle complaints from female and Latino farmers who say they faced discrimination from the Agriculture Department.

    The proposal comes as Congress is poised to approve a $1.25 billion settlement with African-American farmers in a similar discrimination case. The agency also is negotiating with Native American farmers over another lawsuit.

Meanwhile, Friday is the court-mandated deadline for congressional approval in the historic Cobell v. Salazar case that would distribute $3.4 billion to Native Americans bilked out of oil, timber and other royalties held in trust for them by the federal government.

As lead plaintiff Elouise Cobell, who is Blackfeet from Browning, Mont., told the AP’s Matt Volz, here, earlier this week:

“I want us to win for once, you know? Indians are always losing.”

Gwen Florio

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George and Marilyn Keepseagle, who filed a lawsuit alleging discrimination against Native American farmers more than a decade ago, at their kitchen table last winter in Fort Yates, N.D.  (AP/Will Kincaid)

George and Marilyn Keepseagle, who filed a lawsuit alleging discrimination against Native American farmers more than a decade ago, at their kitchen table last winter in Fort Yates, N.D. (AP/Will Kincaid)

April 15 is the day taxes are due, but this year, the date has special significance for Native American farmers and ranchers who lost out on millions of dollars in loans from the federal government.

That’s the day a status report is due in the case of Keepseagle v. Vilsack, as in U.S. Agriculture Secretary Tom Vilsack.

The case is a huge discrimination lawsuit against the USDA, which alleges the agency favored white farmers and ranchers over Native Americans when it gave out loans – resulting in the loss of billions of dollars in credit over a quarter-century, according to this National Law Journal story by Marcia Coyle. It says the agency also ignored complaints by Native farmers and ranchers.

Vilsack is seeking a settlement in the case, originally filed in 1999, so U.S. District Judge Emmet Sullivan of the District of Columbia agreed to halt the litigation for 60 days.

That stay runs out April 21, with the status report due to Sullivan next week.

“We are nowhere close to a settlement, but it remains to be seen what our clients are prepared to do in connection with the stay,” says lead counsel Joseph Sellers, of Cohen Milstein Sellers & Toll in Washington, D.C.

“Given the case has been pending more than 10 years and has lost some of the named plaintiffs, the passage of time can be very cruel,” he tells Coyle. “The concern is moving the case along, whether through settlement or continuing the litigation.”

She writes that:

    U.S. Reps. Dale Kildee, D-Mich., and Tom Cole, R-Okla., co-chairs of the Native American Caucus, sent a letter on March 26 urging Vilsack to settle the litigation on terms comparable to the department’s recent settlement with African-American farmers. The department settled late-filed claims of black farmers for $1.25 billion, in addition to the $1 billion previously awarded for timely filed claims in that litigation.

Gwen Florio

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Russia's Oksana Domnina and Maxim Shabalin displayed their First Nations blankets as they receive their scores for the compulsory dance during the ice dance figure skating competition Friday at the Vancouver 2010 Olympics. (AP Photo/Ivan Sekretarev)

Russia's Oksana Domnina and Maxim Shabalin display their First Nations blankets as they receive their scores for the compulsory dance during the ice dance figure skating competition Friday at the Vancouver 2010 Olympics. (AP Photo/Ivan Sekretarev)


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Will they or won’t they? Olympics viewers find out tonight if Russian ice dancers stick with aboriginal costumes
Domnina and Shabalin in their controversial costumes. (AP photo)

Domnina and Shabalin in their controversial costumes. (AP photo)


Russian ice dancers Maxim Shabalin and Oksana Domnina made a point – after winning the compulsory portion of their competition – of showing off the red, white and black blankets given them by members of Canada’s Four Host First Nations. The pair met with First Nations representatives who talked to them about cultural sensitivity after a furor arose over their Australian aboriginal-style costumes and music during an earlier competition, the AP’s Nancy Armour writes here. International Olympic Committee president Jacques Rogge even said he might intervene. But, says Shabalin, “Our routine was very fair, and we respect this culture.” He and Domnina remain coy as to whether they’ll wear the costumes – consisting of dark body stockings, white aboriginal-style markings, and large leaves – tonight in the Olympics.

No curse on Norwegian athletes, First Nations leader says
In fact, Bob Chamberlin, chairman of the Musgamagw Tsawataineuk Tribal Council and secretary treasurer of the Union of B.C. Indian Chiefs, says cursing has never been part of First Nations tradition. Nonetheless, the Montreal Gazette reports here, there have been suggestions aboriginal people put a curse on the Norwegian Olympic team because of Norwegian-owned fish farms along wild-salmon migration routes.

Native ranchers praise settlement of black farmers’ suit; urge quick action on their own
The Obama Administration announced late last week that it will settle untimely civil rights claims of black farmers for $1.25 billion. Now, those involved in the 12-year-old case of Keepseagle v. Vilsack regarding Native farmers and ranchers urge the administration to follow up on talks it started in the fall with a quick eye toward resolving that suit, too, Farm Forum reports here.


Storage of nuclear waste on Indian reservations “economic racism akin to bribery”

Health News Digest says here that it gets why some impoverished tribes host hazardous waste on their sovereign reservations – which are not subject to the same environmental and health standards as U.S. land – as a way to bring in money. But Bayley Lopez, of the Nuclear Age Peace Foundation, says that “in the quest to dispose of nuclear waste, the government and private companies have disregarded and broken treaties, blurred the definition of Native American sovereignty, and directly engaged in a form of economic racism akin to bribery.”

Crow Creek Sioux Tribe launches telephone system
The Crow Creek Sioux Tribe’s lephone system is up and running on the reservation, according to the AP, here. Tribal leaders say the telephone and advanced broadband services provided by Native American Telecom-Crow Creek will pave the way for business, economic, social and educational development on the reservation.

Gwen Florio

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