United States DC Circuit

In an action by Fourteen African American farmers alleging that the U.S. Department of Agriculture discriminated against them on the basis of race (and, in one case, gender) in administering the agency's federally funded credit and benefit programs, summary judgment for defendants is affirmed where: 1) in order to exhaust their administrative remedies, the plaintiffs would have had to request a formal hearing before an Administrative Law Judge; and 2) plaintiffs suggested no reason to think a formal hearing of that nature would not have proceeded expeditiously.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

• Before GINSBURG and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Ben Whaley Le Clercq argued the cause and filed the briefs for appellants. Stephen A. Bogorad entered an appearance.


• For Appellees:
  
• Benjamin M. Shultz, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Marleigh D. Dover, Assistant Director. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.