Stewart v. United States Department of Agriculture

64 F. App'x 941
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 15, 2003
DocketNo. 01-4204
StatusPublished
Cited by2 cases

This text of 64 F. App'x 941 (Stewart v. United States Department of Agriculture) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stewart v. United States Department of Agriculture, 64 F. App'x 941 (6th Cir. 2003).

Opinion

OPINION

COLE, Circuit Judge.

Petitioner Derwood Stewart petitions this Court for review of a decision of the Secretary of the United States Department of Agriculture (“USDA”) finding that he violated the Horse Protection Act (“HPA”), 15 U.S.C. §§ 1821-31, when he entered his horse in a horse show while “sore.”

For the reasons that follow, we DENY Stewart’s petition for review.

I. BACKGROUND

The HPA was enacted to prohibit the practice of deliberately inflicting pain on a horse to reproduce the high-stepping gait of a champion Tennessee Walking Horse. See Baird v. United States Dep’t of Agric., 39 F.3d 131, 132 n. 1 (6th Cir.1994). Soring occurs when an injury to or sensitization of a horse’s legs, rather than training or breeding, is used to induce the desired gait. Rowland v. United States Dep’t of Agric., 43 F.3d 1112, 1113 (6th Cir.1995). A horse is presumed to be sore if it exhibits abnormal sensitivity in both of its forelimbs or both of its hindlimbs. 15 U.S.C. § 1825(d)(5). Managers of horse shows appoint Designated Qualified Persons (“DQPs”) to inspect horses for compliance with the HPA. 15 U.S.C. § 1823; 9 C.F.R. §§ 11.1, 11.7. The showing, exhibiting, or entering into a show of any sore horse is prohibited by the HPA. 15 U.S.C. § 1824(2).

In 1988, Stewart owned seven Tennessee Walking Horses, including one named “JFK’s 0 My Jackie 0” (“Jackie 0”). Stewart’s horses were boarded with and trained by Don Milligan. At that time, Jessie Smith was working for Milligan as a horse trainer. In mid-1998, Stewart moved his horses to his own barn and hired Smith to train them. Stewart instructed Smith not to abuse his horses “in any shape, form, or fashion.”

In late October 1998, Jackie 0 was entered in the 30th Annual National Walking Horse Trainers Show (“the Show”) in Shelbyville, Tennessee. On October 28, 1998, as part of the pre-exhibition inspection, Jackie 0 was found to be sore. Stewart was not present at the examination of Jackie 0. When Stewart learned that Jackie 0 had been found to be sore, he fired Smith.

The Administrator of the Animal and Plant Health Inspection Service (“APHIS”), an agency of the USDA, filed a complaint charging Stewart, his daughter Rhonda Stewart, and the additional respondents (together, the “family busi[943]*943ness”), with violating the HPA. Following an administrative hearing, the Chief Administrative Law Judge (“ALJ”) dismissed the complaints against Rhonda Stewart and the family business, but determined that Stewart violated the HPA and assessed a $2,000 penalty against him. Both Stewart and the USDA appealed the decision to the Secretary, and a Judicial Officer to whom the Secretary delegated authority over the case generally adopted the ALJ’s decision, but modified the decision to increase the penalty to $2,200 and to disqualify Stewart from showing horses for one year. Stewart now appeals that decision.

II. ANALYSIS

A. Violation of § 182b(2)(B)

Our review of an administrative decision regarding the HPA is limited to a determination of whether proper legal standards were used and whether substantial evidence exists to support the decision. Bobo v. United States Dep’t of Agric., 52 F.Sd 1406, 1410 (6th Cir.1995). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, means more than a scintilla of evidence but less than a preponderance, and must be based on the record taken as a whole. Id.

Section 5(2)(A) of the HPA prohibits any person from showing or exhibiting, in any horse show or exhibition, any horse which is sore. See 15 U.S.C. § 1824(2)(A). Section 5(2)(B) prohibits any person from entering for the purpose of showing or exhibiting, in any horse show or exhibition, any horse which is sore. See- 15 U.S.C. § 1824(2)(B). Section 5(2)(C) prohibits any person from selling, auctioning, or offering for sale, in any horse sale or auction, any horse which is sore. See 15 U.S.C. § 1824(2)(C). Section 5(2)(D) prohibits any horse owner from allowing another person to do one of the acts prohibited in sections 5(2)(A), 5(2)(B), and 5(2)(C). See 15 U.S.C. § 1824(2)(D). The amended complaint filed by the USDA alleged that Stewart violated section 5(2)(B) by entering a sore horse, and that Rhonda Stewart and the family business violated 5(2)(D) by allowing the entry of a sore horse. The ALJ found that Stewart violated section 5(2)(B), and dismissed the complaints against Rhonda Stewart and the family business.

Stewart argues that he is not liable under section 5(2)(B) because Jackie O was entered into the show by Smith, and Stewart therefore did not enter a sore horse. Stewart contends that, for purposes of the HPA, “entry” has been held to encompass all requirements, including inspection and time necessary to complete these requirements. In support of this proposition, Stewart cites Elliott v. Administrator, Animal and Plant Health Inspection Service, 990 F.2d 140, 145 (8th Cir.1993). As the Judicial Officer noted, however, nothing in Elliott requires that all steps or any particular step in the process of entry must be personally completed by the owner of the horse, rather than by the trainer, in order to conclude that the owner, entered the horse. Indeed, requiring an individual to have personally performed every step of the entry process in order to qualify as having entered the horse for HPA purposes would result in the untenable holding that if two individuals divide the entry responsibilities, both are able to escape liability under section 5(2)(B).

In the present case, the Judicial Officer found, and the evidence in the record demonstrated, that Stewart decided to exhibit Jackie O at the Show, paid the entry fee to enter Jackie O, and provided the means to transport Jackie O there. Thus, substantial evidence existed to sup[944]*944port the claim that Stewart entered Jackie 0 in the Show. Additionally, Stewart does not contest the finding that Jackie 0 was sore. Accordingly, we do not find error in the Judicial Officer’s determination that Stewart entered Jackie 0 in the Show while sore.

Stewart also argues that this Court’s decision in Baird

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64 F. App'x 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-united-states-department-of-agriculture-ca6-2003.