NEW ORLEANS – A man claims the Louisiana Society for the Prevention of Cruelty to Animals obtained an illegal search warrant in the seizure of his hens and roosters.
Trinh Tran filed suit against Louisiana Society for the Prevention of Cruelty to Animals (LSPCA) in the Orleans Parish Civil District Court on Aug. 14.
Tran argues that on Aug. 13, 2014, the director of the LSPCA on behalf of the Criminal District Court for the Parish of Orleans executed a search warrant of the property located at 14321 Chef Menteur, New Orleans. The raid, led by Animal Control Officer (ACO) Amanda Pumilia, included the seizure of roosters, hens, medicine, equipment and housing.
Additionally, days after the incident employees working for the plaintiff handed over approximately 620 hens and executed 395 of the roosters that were confiscated. Tran also contends a Rolex watch was stolen during the raid.
The petitioner disputes that Pumilia legally secured the search warrant thus rendering the raid of his property illicit. Tran also allegedly contends his hens and roosters were well treated and out of harm's way, making the destruction of his property completely unethical and irrational. The plaintiff’s main assertion rests in the Louisiana Municipal Code allowing Tran up to five days to comply with any violations he supposedly committed before his property was confiscated.
The defendant is accused of violating the plaintiff’s right to due process, rights pursuant to the Louisiana State Constitution, right to farm, performing an illegal search warrant, conversion of property and false arrest.
The petitioner is seeking upwards of $50,000 in damages for demolition of private property, public humiliation, anxiety, depression, emotional turmoil and loss of enjoyment of life.
The plaintiff is represented by attorney Steven B. Badeaux.
The case has been assigned to Div. F Judge Christopher J. Bruno.
Case no. 2014-07990.