Post by Brooke on Feb 26, 2004 16:33:39 GMT -5
A breed apart
Woman's lawsuit seeks return of her 19 dogs
Published February 18. 2004 8:30AM
BY DANA ATTOCKNIE
STAFF WRITER
OCALA - Awoman whose 19 dogs were seized when she became hospitalized from a poisonous spider bite is suing Marion County to get her companions back.
Valerie Edgington, 51, claims in her federal lawsuit that her Fifth and Fourteenth Amendment rights to due process were violated when code enforcement officers picked up her dogs in December at her campsite home in the Ocala National Forest.
"One day . . . Edgington's shoulder began to hurt and she thought it was a result of chopping wood," says the suit filed in Ocala on Feb. 9. "Finally, the pain was so intense she asked a fellow camper to contact emergency personnel. Prior to the ambulance's arrival, Ms. Edgington put all of her dogs in their cages and loaded them in her cargo van."
The pain came from the bite of a brown recluse spider. Edgington was hospitalized on Dec. 22, but when she was released from a rehabilitation center on Jan. 23, she learned that Pasha, Susie, Buck, Billie, Star, Brook, Sherry, White Fang, Shawn, Tammie, Cody, Jake, Sky, Boogie, Wyatt, Sheba, Pixie, Dixie and Punky were in danger of being euthanized.
The dogs were picked up at Mason Bay Hunt Campground on Dec. 28, Edgington said.
On Tuesday, she was allowed to visit the dogs at the Marion County animal center.
Originally there were 23 dogs. One was found dead in its cage, one got loose and was hit by a car and killed, and two were loose and said to be unapproachable.
The remaining dogs' care has resulted in a $8,721 bill and increases daily, according to officials.
Edgington's lawyer, Steve Mason of Orlando, says she has been given three choices: 1) The fees can be paid in full and she can have her dogs back; 2) A handful of the dogs can be kept, and the rest euthanized, depending on what she can afford; or 3) All the dogs can be euthanized.
The pick-up fee at the center is $35 per animal and boarding is $8 a day. For Edgington's 19 dogs, it costs $152 per day. Her dogs have been in the center for some 53 days.
Jill Lancon, animal center supervisor, said the center does not offer a payment plan, and the dogs have been held well beyond the normal holding period. Three days is the average holding time for animals without a license and 10 days for those with a license. After the holding time, animals are either put up for adoption or euthanized.
Lancon said the dogs were found in poor condition, they are "mangy and uncivilized" and they "would not be adoptable."
On Feb. 24, Edgington wrote a letter to Lancon explaining the dogs found at the camp site belonged to her and she wanted them back. Edgington also wrote, "It is my understanding that you or your agent do not have a court order authorizing you to euthanize my dogs, and I do not give you permission."
Her letter also stated she tried to make arrangements for a payment plan, and informed Lancon of retaining Mason as her attorney. The suit asks for an injunction and a declaratory judgment in her favor.
Sammie L. Luckey Sr., director of code enforcement, said county officials were asked by the U.S. Forestry Service to pick up the dogs, and the sheriff's department also was aware of the situation.
Luckey said Edgington previously notified someone about her dogs and tried to make arrangements for them to be taken care of. He said the forestry service had taken the dogs out of their cages before they arrived so they did not have to remain caged.
"It bothers me," Mason said of the way Marion County has handled the situation. "A lot of things in this case can be debated."
The lawsuit claims Marion County is illegally holding Edgington's animals and that refusing to release them without payment is a violation of due process.
"I have pleaded with them, just give her back her dogs," said Mason, who is representing Edgington for free. "Their position has always been 'pay the money and we'll give you the dogs.' It seems to me it all comes down to money."
A similar situation happened in Orange County last year, when Edgington's cargo van broke down and left her stranded, unable to return to her companions. The 24 dogs were held by Orange County for approximately three or four months and were eventually released back to Edgington without fines or charges, she said.
Mason said the Orange County settlement came with the understanding that Edgington would find homes for some of her companions.
She describes the current situation as "bizarre" and "unreasonable," but vows to fight to regain custody of the dogs.
"I'm going to be here until this is over," Edgington said.
Edgington has been to the animal center three times. She was allowed to see her dogs for 15 minutes on her first visit. She was turned away a second time by an employee who said they were short-staffed and could not take her to the restricted area. Another employee told her during that trip that she was not allowed to have contact with her dogs, she said.
But on Tuesday, she was allowed to see all 19 dogs in their climate-controlled cages, and was even asked if she wanted to take a couple of them out, one at a time, to play with them. She took the oldest, White Fang, out to play, then decided the others might get jealous, so she declined the second offer. The dogs looked fine, and had put on their winter coats, she said.
As soon as she walked into their area, the dogs barked, jumped and shoved their noses and paws up against the chain link fence.
"I know they must be lonely, because I'm lonely," Edgington said. "I hope I get my dogs back. I didn't mean to drag attorneys into it, but they didn't give me any choice. I tried working with them."
Edgington said she has had most of the dogs since the day they were born. Her pack had its beginning when White Fang was abandoned at a flea market and she decided to take care of her. Then she came across another abandoned dog and took her in, and days later that dog had 10 puppies. Her family kept growing from there.
"I love those dogs very much, and it makes me cry," Edgington said. "I miss my babies."
On Friday, Marion County filed a countersuit against Edgington in order to determine the future of the dogs.
The county maintains that she had abandoned the animals, that they were not properly cared for, and that they might not ever be cared for properly. Among the problems were mange, and some were said to be very thin. The county also is demanding that it be paid.
"What the county is trying to do is declare that the dogs be euthanized," said Gordon Johnston, county attorney.
Johnston said depending on the court order, a judge will decide if the dogs are to be destroyed, and if so, when.
Dana Attocknie can be reached at (352) 867-4140.
Woman's lawsuit seeks return of her 19 dogs
Published February 18. 2004 8:30AM
BY DANA ATTOCKNIE
STAFF WRITER
OCALA - Awoman whose 19 dogs were seized when she became hospitalized from a poisonous spider bite is suing Marion County to get her companions back.
Valerie Edgington, 51, claims in her federal lawsuit that her Fifth and Fourteenth Amendment rights to due process were violated when code enforcement officers picked up her dogs in December at her campsite home in the Ocala National Forest.
"One day . . . Edgington's shoulder began to hurt and she thought it was a result of chopping wood," says the suit filed in Ocala on Feb. 9. "Finally, the pain was so intense she asked a fellow camper to contact emergency personnel. Prior to the ambulance's arrival, Ms. Edgington put all of her dogs in their cages and loaded them in her cargo van."
The pain came from the bite of a brown recluse spider. Edgington was hospitalized on Dec. 22, but when she was released from a rehabilitation center on Jan. 23, she learned that Pasha, Susie, Buck, Billie, Star, Brook, Sherry, White Fang, Shawn, Tammie, Cody, Jake, Sky, Boogie, Wyatt, Sheba, Pixie, Dixie and Punky were in danger of being euthanized.
The dogs were picked up at Mason Bay Hunt Campground on Dec. 28, Edgington said.
On Tuesday, she was allowed to visit the dogs at the Marion County animal center.
Originally there were 23 dogs. One was found dead in its cage, one got loose and was hit by a car and killed, and two were loose and said to be unapproachable.
The remaining dogs' care has resulted in a $8,721 bill and increases daily, according to officials.
Edgington's lawyer, Steve Mason of Orlando, says she has been given three choices: 1) The fees can be paid in full and she can have her dogs back; 2) A handful of the dogs can be kept, and the rest euthanized, depending on what she can afford; or 3) All the dogs can be euthanized.
The pick-up fee at the center is $35 per animal and boarding is $8 a day. For Edgington's 19 dogs, it costs $152 per day. Her dogs have been in the center for some 53 days.
Jill Lancon, animal center supervisor, said the center does not offer a payment plan, and the dogs have been held well beyond the normal holding period. Three days is the average holding time for animals without a license and 10 days for those with a license. After the holding time, animals are either put up for adoption or euthanized.
Lancon said the dogs were found in poor condition, they are "mangy and uncivilized" and they "would not be adoptable."
On Feb. 24, Edgington wrote a letter to Lancon explaining the dogs found at the camp site belonged to her and she wanted them back. Edgington also wrote, "It is my understanding that you or your agent do not have a court order authorizing you to euthanize my dogs, and I do not give you permission."
Her letter also stated she tried to make arrangements for a payment plan, and informed Lancon of retaining Mason as her attorney. The suit asks for an injunction and a declaratory judgment in her favor.
Sammie L. Luckey Sr., director of code enforcement, said county officials were asked by the U.S. Forestry Service to pick up the dogs, and the sheriff's department also was aware of the situation.
Luckey said Edgington previously notified someone about her dogs and tried to make arrangements for them to be taken care of. He said the forestry service had taken the dogs out of their cages before they arrived so they did not have to remain caged.
"It bothers me," Mason said of the way Marion County has handled the situation. "A lot of things in this case can be debated."
The lawsuit claims Marion County is illegally holding Edgington's animals and that refusing to release them without payment is a violation of due process.
"I have pleaded with them, just give her back her dogs," said Mason, who is representing Edgington for free. "Their position has always been 'pay the money and we'll give you the dogs.' It seems to me it all comes down to money."
A similar situation happened in Orange County last year, when Edgington's cargo van broke down and left her stranded, unable to return to her companions. The 24 dogs were held by Orange County for approximately three or four months and were eventually released back to Edgington without fines or charges, she said.
Mason said the Orange County settlement came with the understanding that Edgington would find homes for some of her companions.
She describes the current situation as "bizarre" and "unreasonable," but vows to fight to regain custody of the dogs.
"I'm going to be here until this is over," Edgington said.
Edgington has been to the animal center three times. She was allowed to see her dogs for 15 minutes on her first visit. She was turned away a second time by an employee who said they were short-staffed and could not take her to the restricted area. Another employee told her during that trip that she was not allowed to have contact with her dogs, she said.
But on Tuesday, she was allowed to see all 19 dogs in their climate-controlled cages, and was even asked if she wanted to take a couple of them out, one at a time, to play with them. She took the oldest, White Fang, out to play, then decided the others might get jealous, so she declined the second offer. The dogs looked fine, and had put on their winter coats, she said.
As soon as she walked into their area, the dogs barked, jumped and shoved their noses and paws up against the chain link fence.
"I know they must be lonely, because I'm lonely," Edgington said. "I hope I get my dogs back. I didn't mean to drag attorneys into it, but they didn't give me any choice. I tried working with them."
Edgington said she has had most of the dogs since the day they were born. Her pack had its beginning when White Fang was abandoned at a flea market and she decided to take care of her. Then she came across another abandoned dog and took her in, and days later that dog had 10 puppies. Her family kept growing from there.
"I love those dogs very much, and it makes me cry," Edgington said. "I miss my babies."
On Friday, Marion County filed a countersuit against Edgington in order to determine the future of the dogs.
The county maintains that she had abandoned the animals, that they were not properly cared for, and that they might not ever be cared for properly. Among the problems were mange, and some were said to be very thin. The county also is demanding that it be paid.
"What the county is trying to do is declare that the dogs be euthanized," said Gordon Johnston, county attorney.
Johnston said depending on the court order, a judge will decide if the dogs are to be destroyed, and if so, when.
Dana Attocknie can be reached at (352) 867-4140.