I accidentally deleted my original post about this, so I'm reposting it now. Sorry for any confusion!
On November 10, 2008, The U.S. Court of Appeals for the Sixth Circuit denied the Dericksons' petition to review the results of their case. Click here for the link directly to the docket as posted on the USDA's website.
Direct quote from the conclusion of the docket:
"Because we conclude that the JO [Judicial Officer] had substantial evidence to support his findings that: (1) the Dericksons are liable for transporting Just American Magic; (2) J. Derickson is liable for entering Just American Magic; and (3) the Operating Plan does not limit APHIS’s ability to impose legal sanctions on H. Derickson, we DENY the Dericksons’ petition for review."
There we have it, folks. They sored their horse and they are now paying for it. The sad part is that Herbert Derickson's father, H.T. Derickson, used to sore his horses, but he changed his ways and now shows only sound horses. It's really too bad that his son did not follow in his footsteps. Perhaps this will make him rethink his decision to do what he's done. We can only hope.
Showing posts with label Derickson Case. Show all posts
Showing posts with label Derickson Case. Show all posts
Wednesday, February 25, 2009
NEWS and ARTICLE - Repost: HSUS Applauds Court of Appeals Decision on Derickson Case
I accidentally deleted my original post about this article, so I'm reposting it. Sorry for any confusion!
Click here for the press release as posted on the HSUS website on November 17, 2008.
Direct quotes from the article:
"The Humane Society of the United States applauds a recent decision by the U.S. Court of Appeals for the Sixth Circuit upholding a U.S. Department of Agriculture ruling that Herbert and Jill Derickson of Tennessee violated the Horse Protection Act when they transported and entered a sored Tennessee Walking Horse, Just American Magic, in a 2002 horse show.
"Soring involves the deliberate infliction of pain on the legs and feet of a horse, creating severe pain and forcing an exaggerated, high-stepping gait.
" 'This decision sends a clear message to anyone who abuses a Tennessee Walking Horse that the U.S. Department of Agriculture can and will strictly enforce the Horse Protection Act,' said Keith Dane, director of equine protection for The HSUS. 'We commend the court for its decision and hope this case signals a renewed USDA resolve to protect Tennessee Walking Horses and other victims of soring.' "
Click here for the press release as posted on the HSUS website on November 17, 2008.
Direct quotes from the article:
"The Humane Society of the United States applauds a recent decision by the U.S. Court of Appeals for the Sixth Circuit upholding a U.S. Department of Agriculture ruling that Herbert and Jill Derickson of Tennessee violated the Horse Protection Act when they transported and entered a sored Tennessee Walking Horse, Just American Magic, in a 2002 horse show.
"Soring involves the deliberate infliction of pain on the legs and feet of a horse, creating severe pain and forcing an exaggerated, high-stepping gait.
" 'This decision sends a clear message to anyone who abuses a Tennessee Walking Horse that the U.S. Department of Agriculture can and will strictly enforce the Horse Protection Act,' said Keith Dane, director of equine protection for The HSUS. 'We commend the court for its decision and hope this case signals a renewed USDA resolve to protect Tennessee Walking Horses and other victims of soring.' "
Tuesday, December 2, 2008
RESEARCH - HPA Docket concerning the Derickson case; Black Gold Farm & representatives disqualified for one year on the same case
Now this is very fascinating. I happened to find this HPA Docket online when I was trying to find out when the Dericksons received their ticket for soring Just American Magic. Click here for the link to the Docket. Unfortunately I can't post a PDF here, so if you'd like a PDF copy, please respond to this post to let me know.
This is fascinating, for if you take a look at the Order starting on page 38, Christopher B. Warley was issued a $2,200 civil penality and has been disqualified from showing, etc. for one year. Robbie J. Warley, possibly his wife, was also issued a $2,200 civil penality and disqualified for one year. Their farm, Black Gold Farm, was also fined and disqualified from showing, etc. for one year. There is specific detail in the docket as to why they were also fined. I'm not sure why this didn't end up in the news...?
Anyway, it's another farm and names to add to the Sore Horse People Not To Buy Horses From List. THANK YOU to the Court of Appeals for upholding the law in this case. We are SO happy to see it!
Edited 2-4-09 to correct the spelling of the Dickerson's last name.
This is fascinating, for if you take a look at the Order starting on page 38, Christopher B. Warley was issued a $2,200 civil penality and has been disqualified from showing, etc. for one year. Robbie J. Warley, possibly his wife, was also issued a $2,200 civil penality and disqualified for one year. Their farm, Black Gold Farm, was also fined and disqualified from showing, etc. for one year. There is specific detail in the docket as to why they were also fined. I'm not sure why this didn't end up in the news...?
Anyway, it's another farm and names to add to the Sore Horse People Not To Buy Horses From List. THANK YOU to the Court of Appeals for upholding the law in this case. We are SO happy to see it!
Edited 2-4-09 to correct the spelling of the Dickerson's last name.
Saturday, November 29, 2008
NEWS and ARTICLES - Court Upholds Soring Decision
Here is a new article from Horse.com. Click here. So add the Dericksons to your Sore Horse Poeple Not To Buy Horses From List!
I do want to point out that this is an excellent example of why we should not allow appeals. In this case the court decided they were guilty, but it did waste a lot of time and money for them to be in court. I also imagine that they were still showing their horses in the meantime.
Let's also remember that suspensions never seem to work--they can always show their horses under someone else's name. We STILL need a serious penalty for these issues, and the USDA needs to listen to the sound horse community and start doing it, period. No more input from the sore horse community--we all know they're going to do everything they can to keep abusing horses to win money.
Keep fighting, everyone....
I do want to point out that this is an excellent example of why we should not allow appeals. In this case the court decided they were guilty, but it did waste a lot of time and money for them to be in court. I also imagine that they were still showing their horses in the meantime.
Let's also remember that suspensions never seem to work--they can always show their horses under someone else's name. We STILL need a serious penalty for these issues, and the USDA needs to listen to the sound horse community and start doing it, period. No more input from the sore horse community--we all know they're going to do everything they can to keep abusing horses to win money.
Keep fighting, everyone....
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