The owners of an Austin dog-breeding operation have filed a federal lawsuit against the Pulaski County Humane Society, arguing their civil rights were violated when the nonprofit organization seized 137 dogs from their property in 2012 after allegations of abuse.
The dogs were kept at the Humane Society for two years while they were considered evidence in an animal cruelty case against 60-year-old Sandra Nance. Marcus Nance, listed as living with Sandra Nance, is also named as a plaintiff in the lawsuit.
The Humane Society was overwhelmed with the dogs, placing some in a conference room. Some litters were born after the seizure, increasing the number of dogs so that 164 were eventually returned to the Nances last August, after she was found guilty of animal cruelty against only five of the dogs.
Attorneys for the Nances continue to dispute the number of dogs that should have been returned to them.
In the Nances' lawsuit filed Wednesday, their attorneys argue that the dogs were seized from her 395 Sentell Loop property unlawfully by the Humane Society, which has a policy of seizing all animals from a location where they have cause to seize one. The lawsuit asserts that because Sandra Nance faced charges on only 13 of the dogs, the seizure of the other dogs was illegal.
The suit also names former Lonoke County Sheriff Jim Roberson, Lonoke County Sheriff John Staley, Kay Simpson, Teresa Medlock, Christine Henderson and others.
Attorneys for the Nances, who sold the mostly purebred dogs under the business name Smoochie Poochies, also allege that care at the Humane Society was "inadequate" and "improper" and that conditions led to severe oral hygiene problems, rectal prolapse after dogs were unable to defecate outside their cages, and even death.
A Humane Society official argued last year that the 137 dogs seized were in poor condition upon arrival at the Humane Society. The official said six adult dogs and six puppies died, and 11 puppies were stillborn.
Officials with the Human Society did not respond to requests for an interview Thursday afternoon.
The seizure took place with Humane Society and Lonoke County sheriff's officials during a sweltering 2012 summer with numerous 100-degree days. The dogs were kept in pens outside and had more-limited-than-usual access to air conditioning because of a remodeling job.
Sandra Nance said last year that the dogs had access to pools outside and some fans during that summer.
She was convicted of five misdemeanor counts of animal cruelty in March 2013 and was found innocent of numerous other animal cruelty charges. She was sentenced to a $500 fine and 100 hours of community service.
Attorneys for the Nances also argue that the law under which the dogs were seized, Arkansas Code 5-62-106, is unconstitutional under the 14th Amendment to the U.S. Constitution.
Attorneys for Sandra Nance argued that the law was unconstitutional before the Arkansas Supreme Court last year, but justices upheld it in May 2014.
Metro on 06/26/2015