Legal Question in Civil Litigation in Ohio

Re: Horses taken by Humane Society

Check the Clerk of Courts records, or website, for cases in which the County or the Humane

Society have been named as parties. Find out the names of the attorneys on the other side in any such cases. Start with them as prospects to represent you in your pending matters. Your fact pattern raises many intriguing questions. Did the Humane Society officer have actual express, or statutorily implied, authority to (a) remove your animals, and (b) to board them at her farm/ranch? Was she negligent in securing and boarding them? Did she know, or should she have known, that the subject horse would be able to jump the fence? Had she ever had this happen before? Why was there such a delay between June and October? Should the Humane Society have started charges or other legal process earlier? Should you have done so? Who paid for board during the 4 months? Was there a report by a veterinarian? What was the monetary value of the horse? Was the Humane officer reprimanded or penalized in any way? Does she have a history of poor judgment in the taking and/or care of horses? What is her level of experience with horses? Is she mostly a "stray-dogs" officer? Are she and/or the County bonded or insured against such losses. Are you aware of any similar claims in recent history? What evidence exists to support your version of the taking? Witnesses? After the fact documentation or correspondence, or investigations by the Sheriff? She may have exceeded her authority, violated your due process (if you received no prior notice or opportunity for a hearing) or equal protection (if others similarly situated are not subjected to the same efforts), all under color of State law, which could justify a federal lawsuit. She may have abused her discretion, to the extreme detriment of your property. Still, if you failed to take available judicial steps for four months, you may be estopped from judicial pursuit now, or your damages may be deemed minimal or negligible by an arbitration panel or jury. Good luck. SM

Re: Horses taken by Humane Society

It sounds from the email as though the animals were taken without permission? If so, then an action for "conversion" would be appropriate against the person who took the horses. If you are being criminally prosecuted, you would want a lawyer who handles criminal matters. If you want to pursue a lawsuit against the person who took the horses, you would want to talk to a lawyer who handles "civil" matters. One lawyer who handles both types of matters can certainly handle them for you.

GOOD LUCK>>>