Hartzler v. Licking County Humane Soc., C2-88-884.

• Decision Date: 29 June 1990
• Docket Number: No. C2-88-884.,C2-88-884.
• Citation: 740 F. Supp. 470
• Parties: David HARTZLER, et al., Plaintiffs, v. The LICKING COUNTY HUMANE SOCIETY, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

740 F. Supp. 470

David HARTZLER, et al., Plaintiffs, v. The LICKING COUNTY HUMANE SOCIETY, et al., Defendants.

No. C2-88-884.

United States District Court, S.D. Ohio, E.D.

June 29, 1990.

Angelo F. Lonardo and Leonard W. Yelsky, Yelsky & Lonardo, Cleveland, Ohio, for plaintiffs.

Gregory D. Rankin, Lane, Alton & Horst, Columbus, Ohio, for defendants.

ORDER

GRAHAM, District Judge.

This case arises out of a search of the farm of plaintiff David Hartzler, the seizure of his Morgan horses, and his arrest and prosecution on a charge of cruelty to animals. In March and April, 1987 defendant Judith A. Jones, an employee of the Licking County Humane Society, received complaints from two of plaintiff's neighbors that he was neglecting the horses he kept at his farm near Centerburg, Ohio. Defendant Jones was employed by the Licking County Humane Society as a humane agent under the provisions of Ohio Rev.Code § 1717.06. Such agents are appointed "for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals" and they have the power to arrest persons found violating laws "protecting persons or animals or preventing acts of cruelty thereto." Id.

Plaintiff is the proprietor of an insurance agency located in Worthington, Ohio. For a number of years he has been active in breeding, raising, and showing Morgan horses, and has received numerous prizes and awards for his horses. He conducts his Morgan horse operation on a fifty acre farm in Knox County where he resides. Plaintiff and his wife separated in 1986. Mrs. Harztler left the family home with one of their three children. Two children, Amy and Jody, remained with plaintiff. The Hartzlers then became embroiled in a divorce proceeding and a custody dispute.

On March 30, 1989, one of Hartzler's neighbors, Mrs. Bonnie Pastor, called the Licking County Humane Society and reported that she had noticed a significant change in the condition of plaintiff's horses. She reported that the horses appeared to be undernourished and she asked the Society to investigate. Shortly thereafter, another neighbor, Rhonda Flinn, who lives directly across the road from the Hartzler farm, made a similar report to the Humane Society. Mrs. Flinn reported that she had observed the Hartzler horses becoming thinner and thinner over a period of months and that they appeared to be lethargic and deprived of adequate water and feed. Both Mrs. Pastor and Mrs. Flinn were themselves experienced in owning, breeding, and raising horses.

Defendant Jones, who worked in a veterinarian's office for three and a half years and has been around horses all her life, began an investigation in response to the complaints of Mrs. Pastor and Mrs. Flinn which included three visits to plaintiff's farm. She visited Mrs. Flinn and observed the Hartzler horses from Mrs. Flinn's property. She also established contact with plaintiff's estranged wife, who made various allegations about her husband's conduct, not only with respect to the horses, but also with respect to his personal conduct. Sometime in early April, Ms. Jones consulted the assistant law director of the City of Newark, William Rickrich, for his advice regarding a search warrant to search the Hartzler farm. Mr. Rickrich advised her to continue to monitor the situation and to have a veterinarian accompany her to the farm to observe the horses from the neighbor's property. He also advised her to take photographs and prepare a diagram of the premises. Ms. Jones then contacted veterinarian Louis W. Bremer, and on April 9, 1987, Dr. Bremer accompanied Ms. Jones to the Hartzler farm where he observed the horses from the adjoining property. Based upon his observations, Dr. Bremer concluded that the horses were underfed, underwatered and not given adequate shelter.

Sometime in late April, Ms. Jones returned to Mr. Rickrich's office and presented him with a two-page statement outlining the results of her investigation, a copy of Dr. Bremer's report, photographs of the horses, a diagram of the premises, and a statement of her subsequent observations on April 25, 1987 which revealed no change in the condition of the horses. Mr. Rickrich was satisfied that probable cause existed for the issuance of a search warrant. He proceeded to prepare the search warrant affidavit and took Ms. Jones to Judge Gregory Frost of the Licking County Municipal Court on the morning of April 27, 1987. Judge Frost reviewed the affidavit and attached documents, had Ms. Jones swear to the affidavit and granted the search warrant.

Ms. Jones arrived at the Hartzler farm to execute the warrant at approximately 11:30 A.M. She was accompanied by Mr. Rickrich, Dr. Bremer, and other individuals she had contacted to assist in transporting the horses, if necessary. Mrs. Pastor noticed the activity and stopped out of curiosity. All of the individuals who were present with Ms. Jones at the time of the search testified that the horses were in deplorable condition and that there was no food or water present on the premises. Much of this testimony was quite graphic, for instance Mr. Smith, a local farmer who was hired to move some of the horses, testified that one of them was more thirsty than any animal he had ever seen and that they were so hungry that they ate the straw on the floor of his livestock trailer which was contaminated with pig feces. Ms. Jones testified that upon observing the condition of the horses in their environment, she decided to seize them pursuant to the warrant and to file a criminal complaint against plaintiff for violating Ohio Rev.Code § 959.13(A)(1), Cruelty to Animals, a second degree misdemeanor under Ohio law.

Thereafter, Mr. Rickrich requested an arrest warrant based upon the complaint signed by Ms. Jones. Plaintiff was arrested that afternoon and transported to the Licking County Jail, where he was held overnight. Plaintiff's arrest and the seizure of his horses received considerable attention in the local media and local television stations filmed the horses and his arraignment. Plaintiff pled not guilty to the criminal charges and he was acquitted by a jury on October 22, 1987. His horses remained in the custody of the Licking County Humane Society until his acquittal.

Plaintiff subsequently brought the present action against the Licking County Humane Society and defendant Jones asserting claims for damages under 42 U.S.C. § 1983, alleging that defendants' actions violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution. Plaintiff also asserted pendent state claims for malicious prosecution and libel.

This case proceeded to trial before a jury on February 12, 1990. At the trial, plaintiff testified that he had always provided proper care for his horses, but that he had become concerned about their condition in March, 1987, when he noticed that they had lost weight. Plaintiff testified that he believed the horses had a parasite problem and he consulted his trainer, who advised that he change the "wormer" medication he was using. Plaintiff attributed the condition of his horses to parasite infestation and maintained that they had always received adequate amounts of food and water.

Plaintiff's babysitter, Emily Honiker, testified that she had begun working for plaintiff in September, 1986, watching his children after they returned from school in the afternoon. Ms. Honiker testified that there was hay in the barn and that she had never seen the horses deprived of food or water. Ms. Honiker would arrive between 2:30 and 3:00 p.m. and leave between 6:00 and 7:30 p.m. She would sometimes feed the horses in the evening.

Plaintiff's trainer, Catherine Swartz, who sometimes co-owned horses with him, testified that she had visited his farm in March, 1987. At this time, she noted that there was feed on the farm and that the horses were being fed, although she did note that there were three horses which appeared to be rather thin and she had a conversation with plaintiff about changing their medication. She said she was somewhat concerned about the condition of these three horses, describing them as "quite thin with some reduction of muscle mass." She recommended immediate worming, but plaintiff's records indicate that this was not done until April 2, 1987. Ms. Swartz testified that at the time of her visit in March, she saw no evidence of starving horses and that her observation of the Hartzler horses on May 2, 1987, shortly after they were seized, revealed that they were in good health.

The evidence revealed that the investigation of the Hartzler horses occurred at a time when the Licking County Humane Society was experiencing financial difficulties and was considering eliminating the office of humane agent. Ms. Jones was actively involved in soliciting support from the communities served by the Humane Society and from the law enforcement agencies of those communities and community groups. She had made a presentation to the Licking County Veterinarian Society on March 10, 1987. Dr. Bremer was in attendance at this meeting and the Veterinarian Society made various recommendations to increase community support for the Humane Society, including increased publicity of its activities. Dr. Bremer was one of several veterinarians who provided spaying and neutering services to the Society on a fee-paying basis. In August, 1987, Dr. Bremer became a member of the Board of Directors of the Society.

Fanchon Lewis, who was President of the Licking County Humane Society in 1987, testified that when a complaint of cruelty to animals was received it was the Society's policy to notify the animal owner prior to the filing of criminal charges. Ms. Jones testified that she attempted to contact plaintiff by telephone, but was unable to do so because his home phone was disconnected. The evidence revealed, however, that plaintiff's home telephone was operable during the month of April, 1987 and that both his home and office...