Couple file lawsuit over loss of birds
By Henry Bailey
A Byhalia-area couple have filed a federal civil rights lawsuit seeking damages from the DeSoto County Sheriff's Department and the Humane Society of the United States over the killing of dozens of roosters on their property.
Sheriff Bill Rasco, named individually in the suit, rejected the claims of Arnulfo and Jovita Hernandez and said Friday the birds obviously were being bred for cockfighting, which is illegal in Mississippi. He said they were being trained to fight and "the Humane Society took over and they euthanized the roosters."
Humane Society officials had accompanied Rasco and deputies in a raid on the Hernandez property on Jan. 23, 2009. Some 225 fighting cocks and breeding chickens were seized; 95 hens and chicks were sent to sanctuaries in Virginia and North Carolina.
Mississippi law against cockfighting calls for a fine of no more than $100 and/or up to 100 days of imprisonment. There is no state ban on possessing or breeding fighting birds. There is, however, a federal law that makes fighting, breeding and possessing fighting animals a felony.
Humane Society President Wayne Pacelle, also named as a defendant, has criticized Mississippi as having "an anemic" cockfighting law. "It is past time to strengthen the law to eradicate this cruel and unacceptable activity."
"It's like the pit bulls, except this is for training roosters to fight," Rasco said. He said deputies found "boxing gloves" placed over roosters' "spurs" so that they can be made to fight but avoid injury until a real match.
Officers came to the property about 10 days before the raid and searched it, "presumably for narcotics." Finding no drugs but lots of chickens, officers told Jovita Hernandez that "roosters were the problem."
On Jan. 23, officers and members of the Humane Society arrived and Anulfo Hernandez was asked to sign papers, which he refused to do. He said he was "aggrieved" by the officers' actions and left for work at a construction site; he returned four hours later to find the roosters had been destroyed.
The lawsuit filed Oct. 18 by Tupelo attorney Robert Sneed Laher in the U.S. District Court's Delta Division of North Mississippi says the killings were an unjustified deprivation of property without authorization. Messages for Laher seeking comment were not returned Friday.
The Hernandezes' suit does not list a value for the loss of the birds but says the actions by the defendants "were willful, wanton and outrageous such that punitive damages should be imposed" as well.
Rasco said what's outrageous is people raising birds for illegal fights to the death.
"They know better," the sheriff said.
-- Henry Bailey: (901) 333-2012
10/18/2010 COMPLAINT against Desoto County Sheriff's Department, Humane Society of the United States, Wayne Pacelle, Bill Rasco, Jury Demand, Filing fee $ 350, receipt number MSN300003161, filed by Arnulfo Hernandez, Jovita Hernandez. (Attachments: # 1 Civil Cover Sheet) (jtm)
10/18/2010 NOTICE OF ASSIGNMENT. Case assigned to Judge W. Allen Pepper, Jr. and Magistrate Judge S. Allan Alexander. (jtm)
11/12/2010 Summons Issued as to Desoto County Sheriff's Department, Humane Society of the United States, Wayne Pacelle, Bill Rasco. (jtm) (Entered: 11/15/2010)
02/07/2011 NOTICE of Attorney Appearance by Daniel J. Griffith on behalf of Desoto County Sheriff's Department, Bill Rasco (Griffith, Daniel)
02/07/2011 ANSWER to 1 Complaint, by Desoto County Sheriff's Department, Bill Rasco. (Griffith, Daniel)
02/08/2011 NOTICE of Attorney Appearance by Joseph David Neyman, Jr on behalf of Desoto County Sheriff's Department, Bill Rasco (Neyman, Joseph)
02/17/2011 CLERK'S NOTICE of Incomplete Process re Wayne Pacelle, Humane Society of the United States (jtm)
03/08/2011 INITIAL ORDER - RULE 16.1 Case Management Conference set for 4/19/2011 11:00 AM in Judge Alexander Chambers before S. Allan Alexander.. Signed by S. Allan Alexander on 3/8/11. (wsm)
03/10/2011 Joint MOTION to Dismiss for Insufficient Service of Process by Humane Society of the United States, Wayne Pacelle. (Attachments: # 1 Affidavit Declaration of Bobby Gupta) (Siler, Brent)
03/10/2011 MEMORANDUM IN SUPPORT re 8 Joint MOTION to Dismiss for Insufficient Service of Process. (Siler, Brent)
03/17/2011 SUMMONS Returned Executed by Robert Sneed Laher on behalf of Arnulfo Hernandez, Jovita Hernandez, Humane Society of the United States served on 2/22/2011; Wayne Pacelle served on 2/22/2011. (Laher, Robert)
On Jan. 23, officers and members of the Humane Society arrived and Anulfo Hernandez was asked to sign papers, which he refused to do. He said he was "aggrieved" by the officers' actions and left for work at a construction site; he returned four hours later to find the roosters had been destroyed.
The lawsuit filed Oct. 18 by Tupelo attorney Robert Sneed Laher in the U.S. District Court's Delta Division of North Mississippi says the killings were an unjustified deprivation of property without authorization. Messages for Laher seeking comment were not returned Friday.
The Hernandezes' suit does not list a value for the loss of the birds but says the actions by the defendants "were willful, wanton and outrageous such that punitive damages should be imposed" as well.
Rasco said what's outrageous is people raising birds for illegal fights to the death.
"They know better," the sheriff said.
-- Henry Bailey: (901) 333-2012
10/18/2010 COMPLAINT against Desoto County Sheriff's Department, Humane Society of the United States, Wayne Pacelle, Bill Rasco, Jury Demand, Filing fee $ 350, receipt number MSN300003161, filed by Arnulfo Hernandez, Jovita Hernandez. (Attachments: # 1 Civil Cover Sheet) (jtm)
10/18/2010 NOTICE OF ASSIGNMENT. Case assigned to Judge W. Allen Pepper, Jr. and Magistrate Judge S. Allan Alexander. (jtm)
11/12/2010 Summons Issued as to Desoto County Sheriff's Department, Humane Society of the United States, Wayne Pacelle, Bill Rasco. (jtm) (Entered: 11/15/2010)
02/07/2011 NOTICE of Attorney Appearance by Daniel J. Griffith on behalf of Desoto County Sheriff's Department, Bill Rasco (Griffith, Daniel)
02/07/2011 ANSWER to 1 Complaint, by Desoto County Sheriff's Department, Bill Rasco. (Griffith, Daniel)
02/08/2011 NOTICE of Attorney Appearance by Joseph David Neyman, Jr on behalf of Desoto County Sheriff's Department, Bill Rasco (Neyman, Joseph)
02/17/2011 CLERK'S NOTICE of Incomplete Process re Wayne Pacelle, Humane Society of the United States (jtm)
03/08/2011 INITIAL ORDER - RULE 16.1 Case Management Conference set for 4/19/2011 11:00 AM in Judge Alexander Chambers before S. Allan Alexander.. Signed by S. Allan Alexander on 3/8/11. (wsm)
03/10/2011 Joint MOTION to Dismiss for Insufficient Service of Process by Humane Society of the United States, Wayne Pacelle. (Attachments: # 1 Affidavit Declaration of Bobby Gupta) (Siler, Brent)
03/10/2011 MEMORANDUM IN SUPPORT re 8 Joint MOTION to Dismiss for Insufficient Service of Process. (Siler, Brent)
03/17/2011 SUMMONS Returned Executed by Robert Sneed Laher on behalf of Arnulfo Hernandez, Jovita Hernandez, Humane Society of the United States served on 2/22/2011; Wayne Pacelle served on 2/22/2011. (Laher, Robert)
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