Horse Sues Former Owner For Neglect

ESTACADA, OR — A horse is apparently suing its former owner over previous mistreatment. The horse, called Justice in the civil suit filed in Washington County this past May, is currently living at an animal rescue facility in Estacada ran by animal welfare nonprofit Sound Equine Options (SEO), based in Gresham.

The Washington Post on Monday published a story describing Justice's neglect while living with his former owner Gwendolyn Vercher at a farm in Cornelius and his current plight to sue Vercher for damages caused by that neglect. In the Post's article, reporter Karin Brulliard explains that while many animal rights activists are excited and eager to see Justice's case prosecuted, Oregon state law may not provide them the justice they seek.

This is primarily because no animal, not even a horse, can actually sue a human being; or, at least, that's what Vercher's defense attorney — the aptly named Geordie Duckler — hopes he can convince a Washington County judge.

Using probably too many horse puns and numerous examples of previous cases where a human advocate tried to sue someone on behalf of an abused or neglected animal, Duckler on Tuesday filed a 22-page motion that laid out his argument in detail for why the entire case should be dismissed with prejudice immediately.

Among the variety of reasons for why he thinks Justice's case is a complete misuse of the state's Criminal Justice System, Duckler states, "A horse is simply not an entity with a recognized legal ability to bring or appear (in a court proceeding)."

Justice's entire case is built around neglect he endured while under Vercher's so-called care. According to court documents filed on Justice's behalf, the Oregon Horse Rescue on March 4 received a call from Vercher's neighbor in Cornelius requesting the rescue organization take Justice because he was underfed and emaciated.

Click here for photos and details regarding Justice's neglect on SEO's website

A veterinarian called out to examine Justice shortly after his removal from Vercher's care reportedly found the horse was 300 pounds underweight, struggling to walk, and suffering from a horribly scabbed and prolapsed penis, likely caused by a combination of poor health and frostbite. Additionally, Justice had lice and "rain rot," which is described in the court filing as "a bacterial skin infection that irritates a horse’s hair and skin and may result in a continuous painful sheet of scabbing."

Justice's condition, prosecutors believe, was caused by untold months of neglect; and although Justice is on the mend, because a part of his penis may still need to be amputated Justice isn't even out of the woods yet.

According to Brulliard, Justice's case is the latest in a long history of U.S. judicial cases wherein a civil court is meant to recognize an animal as a legal plaintiff — which is a history that does not include many prosecutorial victories.

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Justice, however, has a few things going his way, such as being represented in part by attorneys from the Animal Legal Defense Fund — which is working the case with Justice's guardian and current caretaker Kim Mosiman, who is also the co-founder and current executive director for SEO.

Duckler, on the other hand, views the synergistic and, in his view, self-gratifying relationship between Mosiman, the Animal Legal Defense Fund, and SEO as a subversion of the rule of law, calling the entire case "a poorly thought out fantasy, designed apparently to test this Court’s patience for tolerating political rhetoric and frivolous lawsuits."

Follow this link to view the complete Washington Post story, "Seeking justice for Justice the horse."

Stock image of black horse via Renee Schiavone/Patch