• The badge and identification provided to Ronnie Graves by the Humane Society of the United States, reportedly ordered by Scotlund Haisley & identified by a law enforcement official as ‘too similar to that of law enforcement’
• The statement by Scotlund Haisley to Ronnie Graves, “I want the scum to think we’re law enforcement,” when confronted with the potential illegality of the identification
• The response of Wayne Pacelle, “I like the Cowboy Ways that Scotlund brings to the team,” when the Scotlund Haisley’s comment was reported to him by Ronnie Graves, in person.

These items appear to tie together three potential issues: Impersonation of a Police Officer, action “under color of law” , and issues related to Section 1983 of the US Constitutional Torts Code (cited below).    These three elements appear to all be tied together by the Carroll Cox show interview, as well as additional recent court cases. 

Would you know this badge meant nothing if HSUS showed up at your door?

Impersonation of a Police Officer

Since Police Impersonation laws seem to be relatively similar across the US, I am referring to Criminal Jury Instructions as published by the Judicial Branch of the State of Connecticut:

• Element 1 – Impersonation: The first element is that the defendant <insert as appropriate:>
  • by (his/her) words or conduct, pretended to be a sworn member of an organized local police department or the division of state police within the department of public safety.
  • wore or displayed without authority a uniform, badge or shield by which a police officer is lawfully distinguished.
• Element 2 – Intent: The second element is that by such action, (he/she) intended to induce another to submit to such pretended official authority or otherwise to act in reliance upon such pretended authority. A person acts “intentionally” with respect to a result when (his/her) conscious objective is to cause such result. <See Intent: Specific, Instruction 2.3-1.>

Scotlund Haisley's Facebook photo, kicking in doors.

I am not a lawyer, and do not pretend to be, but to my layman’s eyes the elements cited in the CT Criminal Jury Instructions appear disturbingly close to being fulfilled.  Especially when considering that the badge authenticity as a law enforcement badge is irrelevant to this sort of issue:

• Commentary:  The fact that the uniform, badge or shield was not authentic is irrelevant. “The goal of the statute is to prohibit criminal impersonation. Among other things, the statute prohibits an individual from using a badge with the intent of inducing another to submit to authority that he or she does not possess. Because the state proved beyond a reasonable doubt that the defendant used a badge that appeared to lawfully distinguish him and that he used the badge in the manner proscribed by the statute, we are unable to see how the issue of the badge’s lineage or authenticity bears on the goals that the legislature sought to achieve.” State v. Guadalupe, 66 Conn. App. 819, 828 (2001), cert. denied, 259 Conn. 902 (2002).

Note the common elements between the HSUS badge and true law enforcement badges; especially the use of eagle at the top, the placement of lettering, the use of gold tone metal, the logo in the center and the use of the US flag.

Action “under color of law”

There are two scenarios where private persons (or organizations) are considered to be acting “under color of law”:

1. a private person who conspires with a state actor is a state actor for the purpose of the alleged conspiracy.
2. a private person who acts as an agent of the state acts under color of law.

 Humane Society of the United States announces its working collaboratively with government agencies on a regular basis, does this not fulfil the definition of “under color of law”?  A few of numerous examples below:

• “Yesterday, our team worked with the Pennsylvania Department of Agriculture and its Bureau of Dog Law Enforcement” (Source: Wayne Pacelle, “A Humane Nation”)
• “The HSUS’s Emergency Services team had four deployments—puppy mill raids in North Carolina, Tennessee, Mississippi and South Dakota—where we partnered with local organizations and law enforcement to rescue dogs in distress, the victims of greed and neglect.” (Source: Wayne Pacelle, “A Humane Nation”)
• “…we rescued more than 500 dogs and about 15 cats in cooperation with the Kaufman County Sheriff’s Office…” (Source: Wayne Pacelle, “A Humane Nation”)

Section 1983 of the US Constitutional Torts Code

Here is where the potential implications for the Humane Society of the United States as an organization, its volunteers personally and any government agency or official become disturbing.  According to Section 1983 of the US Constitutional Torts Code:  “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”

I know, its a lot of legal-ese.  The layman’s thumbnail sketch:  An individual (and/or organization) in an entwined relationship with government that is involved with depriving any citizen of any of their Constitutional rights “under color of law” is subject to being sued by the injured party in their individual capacity.   

So, let’s say you are a volunteer helping a private organization seize animals (property) in association with a government agency.  (entwined relationship) Under Section 1983, if there are Constitutional violations associated with the actions of the private organization, not only might the organization be in an actionable position but also the individuals associated.  That includes volunteers. 

Why should you care?

The recently filed lawsuit in Hawaii is a Section 1983 lawsuit citing violations of Mr Pang’s rights under the First, Fourth, Fifth & Fourteenth amendments. It appears that volunteers are among the included parties, even if not yet individually identified.   (Page 8 also references the use of ‘law enforcement looking badges’)

The portions of the Louisville Metro Government Animal Control law struck down in Kentucky as in violation of the Fourteenth Amendment were brought to court through a Section 1983 suit, leaving Louisville Metro Government  and associated officials potentially subject to damages and court.  Louisville Metro Animal Services Director Giles Meloche has recently resigned, officially leaving as of December 31.  The Kentucky court specifically cited that permanent deprivation of an animal owner of his property absent a finding of guilt is unconstitutional.  Another federal lawsuit on similar grounds is reportedly being filed against Louisville Metro Government on friday October30.

The information conveyed by Ronnie Graves appears to indicate an intent to deceive people as to the true level of authority of members of the HSUS Emergency Rescue Team and an acceptance of that attitude up to the highest levels of the HSUS leadership.  As per statements by Ronnie Graves, these issues were raised in January 2008, yet the use of the possibly illegal badges and identification continue to be used  as demonstrated in HSUS photos and videos on a regular basis.  (example below from a recent HSUS video)

Afterthoughts…

There have been numerous raids of animals across the US in which animals have been seized and dispersed or even euthanized prior to court decision.  This includes the Garwood case in Indiana, another case in North Kentucky just working its way through the courts, innumerable raids involving pitbulls and many more.  The number of potential cases could be staggering.

It raises questions.  Why are government agents allowing the use of this style of identification, badge and uniform by HSUS personnel under their watch?  Do they understand that they are potentially placing their agencies and themselves in an actionable position?  Do volunteers understand that they could end up personally liable for unconstitutional actions if they occur “under color of law”?

The Louisville ordinances were used as a springboard for similar legislation that has been passed or is pending across the US.  This has lead to significant speculation that the Humane Society of the United States (HSUS) was heavily involved in the drafting of this legislation; especially since the HSUS regularly announces its involvement in the drafting in legislation across the US and dedicates significant resources to legislation and legal action

Therefore, perhaps the legal experts at the HSUS and legislators everywhere should take note that the following sections of the Louisville ordinances have been struck down as unconstitutional with immediate injunction against enforcement under the Fourteenth Amendment’s Equal Protection and Due Process clauses:

• Enclosures for unaltered dogs require approval of the Director of Animal Services in writing:  “There being no apparent reason why the owners of unaltered dogs should be treated differently than the owners of their neutered counterparts, the written approval requirement lacks a rational basis and is unconstitutional”
• Confiscation of Victimized Animal (Section 91.101):  Significant analysis is dedicated to this portion of the decision (pgs 16 -20) and should be considered important reading for any animal owner.  The critical portions of the decision on this section include:
  • “As (LKC) argue, pet owners clearly have a property interest in their animals. See Besws v. Bracken County Fiscal Court, 210 S.W.3d177,180 (Ky.2006) (recognizing that dogs are personal property)  This interest is not absolute and is subject to regulation by state and municipal governments. Id.  Nonetheless, the government is not permitted to deprive an animal owner of his property without due process of law.”
  • “the portion of 91.101 that would permanently deprive a pet owner of his property, absent a finding of guilt, is unconstitutional”

Three sections were found to be problematic by the court through express authorization of seizure of animals without requirement for a warrant:

• Section 91.073(D) dealing with potential violation of tethering laws.
• Section 91.094(A) dealing with suspected animal cruelty
• Section 91.101(A) which states “Any animal found involved in a violation of any portion of this section may be confiscated by any Animal Control Officer or any peace officer and held in a humane manner”

In court, Metro was noted it “vehemently disclaims the idea that it authorizes warrantless searches”.  Metro further acknowledged the Fourth Amendment as acting as an independent check on Animal Control Officers. (although there are a number of animal owners in Louisville who might equally ‘vehemently’ disagree with that position)   The subsequent analysis by the court is entertaining, at minimum, noting as follows below:

• “This is, of course, a wise position to take; to the extent that an ordinance authorizes searches or seizures of a sort not sanctioned by the Constitution, it must be unconstitutional.  That is merely to state a truism, but as the Court has in essence been asked only to affirm that the Fourth Amendment applies to searches contemplated by the above-quoted sections, there is little else to say.”

The foresight of including this information in the decision is admirable, as it puts the observation in the record that these sections indeed violate the Constitution if applied as written should Metro Animal Control Officers decide to do so in the future, as they have been alleged to have done so in the past.

The direct ramifications of this case are immense, much more so that most realize.  This is one of the first of the Section 1983 federal suits launched in response to trampling of animal owners’ constitutional rights.  The Hawaii lawsuit by Norman Pang is another.  There are many more on the horizon and rightfully so.  The State of Indiana might want to take note.

Copyright 2009 by Erica Saunders

All rights reserved

*Restated for clarity and technical legal accuracy

This mis-understanding regarding the involvement of the HSUS in care  for companion animals doesn’t just exist in the general public but even government organizations, a point aptly demonstrated by this quote from the director of Wayne Co. Animal Control Services (NC), “”I can’t, in good conscience, euthanize any of those animals simply to make space for these dogs when I know the Humane Society of the United States can find good homes for each of the animals seized from Thornton’s Kennels”  If the people who work in Animal Services don’t understand the work of the HSUS, why are the general public blamed for not understanding?

Why wouldn’t a reasonable person believe that a group called the Humane Society of the United States was affiliated with funding Humane Societies across the US?  Especially with statements like the following from a recent HSUS membership renewal pack:

• On the HSUS “About Us” page: “We are the lead disaster relief agency for animals, and we provide direct care for thousands of animals at our sanctuaries and rescue facilities“
• The HSUS Emergency Shelter Funding Reply Form:  “to help fund essential programs such as purchasing pet carriers, collars, leashes, food and water bowls, and to provide immediate shelter for animal displaced by floods, fires or other disasters, or wherever help is needed most” (mail-out item)
• The HSUS Disaster Rescue Relief Reply Form: “to help fund essential programs such as buying animal handling equipment, enabling HSUS Disaster Rescue Teams to safely and humanely rescue animals in danger as a result of floods and other disasters, or wherever help is most needed” (mail-out item)
• The HSUS Emergency Medical Relief Reply Form: “to help fund essential programs such as paying for medical attention for an abused animal confiscated in a cruelty case, or where help is needed most”.  (mail-out item)
• The HSUS End Animal Suffering Reply Form: “Please use my gift where it is most needed to help save the animals from senseless pain, cruelty and abuse.”
• From the cover letter (mail-out item, page 1 and page 2)

“It’s so hard to believe….
that over 4,000,000 dogs, cats, puppies and kittens die each year simply because no one loves them….”

“Whatever level you’re able to renew (plus an additional $1.00 to help us offset increased operating costs, such as fuel, shelter and medical expenses….”

“And please remember that we are doing all that we can to reach out to the public- especially children- to help them understand the need to protect all animals from suffering, abuse and exploitation.”

Sincerely, Wayne Pacelle

Look at the key words that are present in these fundraising items: direct care, rescue facilities, immediate shelter, medical attention, medical expenses, leashes, water bowls, pet carriers.  Don’t forget the dog & cat picture that comes with the donation request and the message on the back, “What little sweethearts they are!  Please keep their picture in a safe place, as a beautiful reminder of why it is so important to put a stop to suffering and cruelty”   Where are the words “legislation”,  ”lobby”, “public policy” or even “lawsuit”?  Why is the HSUS not trumpeting these efforts when soliciting funds?  Why are HSUS State Lobbyists given the title Director or Economist instead of proudly proclaiming the title that describes the majority of their day-to-day efforts?   

Deception doesn’t just occur by outright falsehood, it also occurs through inference & mis-direction.  By definition, inference is defined as ” the act of passing from one proposition, statement, or judgment considered as true to another whose truth is believed to follow from that of the former.  When it comes to HSUS fund-raising material, inference is the name of the game.  

Copyright 2009 by Erica Saunders   http://AR-HR.com
All rights reserved