John Stulp, Commissioner of Agriculture, v. Dean Schuman and Schuman Cattle, LLC, 2012COA144 (August, 30, 2012)

The Constitution does not protect a right to own cattle if the evidence overwhelmingly shows that animals under his care were subjected to severe abuse and neglect. Here, a court entered a permanent injunction in a civil action preventing a rancher from even owning cattle. The rancher had already been convicted of 14 counts of cruelty to animals. In this case, the rancher argued a total ban was too broad and it violated his Constitutionally protected property rights. The court of appeals, comparing his actions to parental neglect, and noting the lack of any remorse or willingness to change, found the remedy of a complete ownership ban appropriate. The determination that the rancher was unfit to own livestock was upheld.


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Filed under Administrative, Constitutional, Government

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