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151796P.pdf   08/18/2016  Curtis Johnson  v.  AGRI
   U.S. Court of Appeals Case No:  15-1796
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Kelly, Author, with Gruender, Circuit Judge, and Ericksen, District Judge] Civil case - Equal Credit Opportunity Act. In action alleging the USDA discriminated against plaintiff on the basis of his race in administering its loan programs, plaintiff's claims under the Equal Credit Opportunity Act were not precluded by the Office of the Assistant Secretary for Civil Rights' final decision on his complaint as the USDA's procedures under 7 C.F.R. Pt. 15d are too barebones to bar future federal court litigation; plaintiff's complaint was sufficient to state a claim against agency employees who met the relevant definition of creditor; two employees of the USDA's National Appeals Division did not meet the definition and they were properly dismissed; plaintiff's conspiracy claims were properly dismissed under the intracorporate conspiracy doctrine; when a remedial scheme is entirely created by regulation, it does not preclude a Bivens claim, and the court erred in dismissing this claim. Reversed in part, and remanded for further proceedings.