Dunklin County cotton farmers, through Stinson Morrison Hecker LLP attorneys Don Downing and Gretchen Garrison, obtained a $2.25 million settlement with the United States Department of Agriculture in a class action seeking relief on behalf of cotton farmers in Dunklin County, Missouri. The settlement was recently approved by Judge Lewis Blanton of the United States District Court for the Eastern District of Missouri, and the settlement funds were distributed this week.
Charles Parker, of Senath, led the effort that resulted in the settlement. Working with Parker, and as also serving as named plaintiffs and class representatives in the suit, were Dunklin County farmers Allen Brewer, Bill Brigman, Steven Droke, Robby Shrum, Marty Vancil, Harold Lee Watson, John Wilcox, Jimmie Wilkins and Roger Glueck. Serving as treasurer of the group was George Paul Harris of Farmers Union Gin in Senath.
Dozens of other Dunklin County farmers, businessmen and others supported, financially and otherwise, the case. Mike Mowrer, of the Dalton, Treasure and Mowrer law firm in Kennett, was appointed by the court to serve as the claims administrator. The local FSA office also cooperated and assisted in administering the settlement.
“This was a tremendous collective effort by the citizens of Dunklin County,” said Downing, who is a Pemiscot County native and who graduated from Kennett High School in 1975. Downing added, “The settlement demonstrates the power of people working together toward a common goal. They say you can’t beat the government. But these Dunklin County farmers, through their hard work and dedication, did just that. I am proud to have had the opportunity to represent them.”
Plaintiffs alleged that they and other farmers in Dunklin County received substantially less in loan deficiency payments than they were entitled to receive because they were instructed by Farm Services Administration officials to sign the wrong form. The action asserted 12 counts for relief, including constitutional violations and challenges to the validity of USDA regulations and policies denying equitable relief contrary to statutory authority. The plaintiffs also asserted bias on the part of the director of the USDA National Appeals Division who, statistics reveal, denies farmer claims in the great majority of cases.
According to Downing, the USDA defended its position vigorously, seeking dismissal on grounds of failure to exhaust administrative procedures as well as summary judgment. The government also attempted to limit discovery and evidence to documents from the administrative record.
“We prevailed on the dispositive motions and in opening discovery to all information and documents requested under Federal Rules of Civil Procedure, including the depositions of agency officials,” said Downing.
After the court ruled against the government on these issues, the case settled for $2.25 million, an amount which, according to Downing “represents approximately 75 percent of the maximum theoretical damages. Many farmers received more than 75 percent of their actual losses. The adequacy of the settlement from the farmers’ perspective is reflected by the fact that not a single farmer in the county objected to or opted out of the settlement.”
“We are very pleased with the outcome,” said Downing. “The case presented complex issues of administrative law and review of agency actions. We believe that ultimately, justice prevailed in a manner intended by Congress when it created a statutory exception to the general rule against estopping the government as to farmers who rely in good faith on what they are told by agency representatives.
Downing and Garrison practice in the St. Louis office of Stinson Morrison Hecker. Downing, who hails from southeastern Missouri, said the firm has represented hundreds of farmers in that region in previous cases, as well as a number of agribusinesses, co-ops and related concerns. The firm has more than 330 attorneys in St. Louis, Kansas City, Overland Park and Wichita, Kansas, Omaha, Phoenix and Washington, D.C.
