DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.