“HONORS” OWNERS FILE SUIT AGAINST USDA AG SEC TOM VILSACK – CLAIMS “PREVIOUSLY ALLEGEDLY” SCARRED “HONORS” SHOULD NOT BE DISQUALIFIED – REQUESTS PRELIMINARY INJUNCTION

(Editor’s Note:  Attorneys for Mr. Keith McSwain et all have contacted www.billygoboy.com regarding this article.  Mr. Keith McSwain’s position set out in court documents is  “The USDA has never issued a formal complaint against the McSwains, thereby avoiding administrative and judicial scrutiny of its disqualifications of Honors. (Id. at ¶ 36.)   Please note that Mr. Keith McSwain has never been adjudicated by a court of law for being in violation of the Horse Protection Act.  There have been five allegations by the USDA of Horse Protection Act violations have occurred with “Honors”.  A major impetus for Mr. McSwain et al lawsuit is that the owners of “Honors” allege they have been denied Due Process under the Fifth Amendment to the U. S. Constitution.  Anonymous sources expect the Court to rule at any time on the Plaintiffs Motion For Preliminary Injunction.  Further coverage will be forthcoming.)

Citizens Campaign Against Animal Cruelty Protestors  – Fighting For “Honors” Outside the Calsonic Arena – Aug. 29, 2015 – TN Walking Horse Nat’l Celebration

ATLANTA, GA(c)  The late Mr. Claude Crowley,  owner of the famed sire and show horse Pride’s Generator,  when the future of “Big Lick” Tennessee Walking Show Horses was in peril in 1988 before U.S. Federal Judge Oliver Gasch (District of Columbia), poignantly said:

“What are we going to do?    Plow them?

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It appears that “Plowing” the “Savior Horse”  –  “Honors” –  was not an option that owners Mr. Keith McSwain, et al, of Atlanta, Georgia were ready to contemplate.

After three years of frustration at not being to show  “Honors” at the Tennessee Walking Horse National Celebration,  Mr. McSwain et al filed a federal lawsuit on April 15, 2016, in Atlanta, Georgia,  so “Honors” can show,  despite the scars on his front feet.

“SAVIOR HORSE HONORS” – USDA INSPECTION PHOTOS –  TENNESSEE WALKING HORSE NATIONAL CELEBRATION –   AUG. 29, 2015

PHOTOS FROM PACERMONITOR.COM – MCSWAIN ET AL VS UNITED STATES DEPARTMENT OF AGRICULTURE

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PHOTOS FROM PACERMONITOR.COM – MCSWAIN ET AL VS UNITED STATES DEPARTMENT OF AGRICULTURE (These two photos have been enhanced (lightened and contrasted) to more clearly depict what was being described by USDA Inspector Vet Dr. Bart Sutherland in his Affidavit (See Below)

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USDA Vet Dr. Bart Sutherland – Declaration – Examination of “Honors” – August 29, 2015 at Tennessee Walking Horse National Celebration

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COPY OF USDA APHIS – SUMMARY OF ALLEGED VIOLATIONS FORM 770

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“Honors” is recognized as being one of the most naturally talented Tennessee Walking Horses ever foaled, yet like  all “Big Lick” Tennessee Walking Horses,  “Honors” was SORED as a young horse.   “Honors” received this Horse Protection Act violation citation “Ticket” as a Two Year Old at the 2010 Tennessee Walking Horse National Celebration.

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And much like Gen’s Ice Glimmer, permanent scars were left on “Honors” front feet due to the  –  pads, chains and chemicals –  used to create the “Big Lick”.

GEN’S ICE GLIMMER – JULY 28, 2015

Glimmer's feet

GEN’S ICE GLIMMER, TWHBEA #24704770, Blood Type ‪#‎TWT050457‬

Now nine years old,  “Honors” has only shown four times in the big oval at the TWHNC. In 2011,  “Honors” won the Three Year Old Preliminary and Championship classes.  In 2012 , “Honors” won the Four Year Old Preliminary and  World Grand Championship clsses.  Many thought “Honors” was ready then to compete for the “Big Stake”  –  World Grand Championship – but instead, the decision was made to wait until 2013.

Then things went awry.

 ‘SAVIOR HORSE’ –  “HONORS” – ADVERTISED AT 2013 TWH CELEBRATION

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Disaster hit when “Honors” was turned down by the USDA,  and not allowed to enter the big ring on the first Saturday night before Labor Day in 2013.

The crowd in West Grand Stands waiting for “Honors” to enter the show ring:

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Listen here to the crowd reaction at  – 1:18 min. –  when it is announced there will be NO more horses participating – meaning “Honors” would not be allowed to show

BGB AUDIO – CROWD REACTION @ 1:18 MIN. – ALL RIGHTS RESERVED (c) – THETA SYNDICATE

CLICK HERE:

UNHAPPY PEOPLE FLOODING OUT OF THE CELEBRATION ARENA

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Aug. 24, 2013 Coverage of “Honors” Being Disqualified

NEPHEW EUGENE SAYS – HORSE OF THE CENTURY “HONORS” TURNED DOWN IN INSPECTION – THERE IS NO JOY AMONG THE “BIG LICKERS” TONIGHT IN SHELBYVILLE, TENNESSEE

The battle over “Honors” being able to show went on during 2014 and 2015.

“Honors” was turned down at the 2014 “Red Carpet Show of the South” at Pulaski, Tennessee.  (Note:  Mr. Jeff Mitchell of Pulaski, TN, was convicted in 2016 for starving 55 Tennessee Walking Horses including those with World Grand Champion lineage.)

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Here is an Exhibit – USDA investigation regarding “Honors” and  his trainer Mr. Larry Edwards – produced on May 10, 2016,  by the USDA at the Preliminary Injunction Hearing.

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In his April 15, 2016,   lawsuit,   Mr. Keith McSwain, et al,  alleged that the USDA had violated his rights to “Due Process” under the Fifth Amendment to the U. S. Constitution; exceeded its authority, and

“The USDA knowingly engaged in a scheme to destroy the Tennessee Walking Horse culture and industry by violating the Fifth Amendment Due Process rights of horse owners, including the McSwains, and those owners, persons, entities, and competitions that make the industry possible.”

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Mr. McSwain is represented by noted attorney L. Lin Wood, Esq.,  who was counsel for Mr. Richard Jewell,  falsely accused of the “back pack” bombing at the 1996 Atlanta Olympic games.   Mr. Wood is joined by two other “name” trial lawyers for the McSwains.

Ms. Darcy F. Coty is trial counsel for USDA Ag Sec. Tom Vilsack.

Presiding over the case is U. S. Federal District Judge Richard W. Story,  appointed by President Bill Clinton in 1997.

U. S. District Court Judge RIchard W. Story, Northern District of Georgia

U. S. District Court Judge RIchard W. Story, Northern District of Georgia

CHRONOLOGY

The Complaint was filed on April 15, 2016.

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On April 22, 2016,  Mr. McSwain filed a Motion For Preliminary Injunction against the USDA, accompanied by a Brief in support of the Motion.

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On May 9, 2016,  the USDA filed a Response to McSwain’s Motion for Preliminary Injunction, and a number of Exhibits including Affidavits by USDA Vet Inspectors Dr. Bart Sutherland and Dr. Jeff Baker, and a USDA Investigation regarding “Honors” Trainer Mr. Larry Edwards of Dawson, Georgia.

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Affidavit USDA Vet Dr. Jeff Baker – 2014 “Red Carpet Show of South” – Pulaski, TN

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On May 10, 2015,  Judge Story held a 90 minute Hearing to consider whether nor not to grant drastic relief to Mr Keith McSwain, et al, in the form of a Preliminary Injunction.

Here are the Court MInutes pertaining to the Hearing on Plaintiff McSwain’s Motion for Preliminary Injunction:

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According to information provided to www.billygoboy.com on Friday, May 20, 2016,  U. S. District Judge Richard W. Story has McSwain’s Motion under advisement, and has not issue a ruling on it.

Since May 10, 2016, the following has occurred:

On May 19, 2016,  McSwain provided the Court with a proposed Order Granting Entry of Preliminary Injunction.

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On May 19, 2016,  the USDA provided the Court with Proposed Procedures Applicable to VMO Soring Determinations of Plaintiffs’ Horse Honors

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The McSwain Motion would effectively give “Honors’ a ‘Get Out Of Jail Free’ card by:

  • Not paying any attention to scars on the back of his or other horses’ pasterns;
  • Put the back of a horse’s pastern inspection protocol in USDA training materials while this case is going on;
  • Not allow the USDA to disqualify “Honors” and other horses from showing until “Honors” and other horses are given notice and a meaningful hearing on alleged violations of the Horse Protection Act;
  • Not applying a so-called “Once Scarred, Always Scarred” rule, (6th U. S. Circuirt Court of Appeals – USDA v. Rowland) which Mr. Wood argues is made up particularly for “Honors”;  and provide an independent inspection of “Honors” (and other horses without regard to prior HPA violations.

Mr. McSwain wants the Judge to issue a Preliminary Injunction in the case which will allow “Honors” to be able to show at:

  1. Fun Show, May 26-28, 2016, Shelbyville, Tennessee
  2. Columbia Spring Jubilee, June 2 – 4, 2016,  Columbia, Tennessee;
  3. Christmas in July Horse Show,  June 30,  2016, Asheville, Shelbyville, Tennessee.
  4. Money Tree Classic, July 1, 2016, Shelbyville, Tennessee;
  5. Woodbury Lions Club Horse Show, July 2, 2016, Woodbury, Tennessee;
  6. Marshall County Association Horse Show, July 22, 2016, Lewisburg, Tennessee;
  7. Red Carpet Show of the South, July 23, 2016, Pulaski, Tennessee;
  8. TN Walking Horse National Celebration, August 24-September 3, 2016, Shelbyville, Tennessee
  9. NC Championship Horse Show, October 6-8, 2016, Asheville, North Carolina

“HONORS” Owner – Mr. Keith McSwain (Right)

(Right) Mr. Keith McSwain.

(Right) Mr. Keith McSwain – former University of Georgia football player – Successful Atlanta home builder.

For the Court to issue a “Preliminary Injunction”,  Mr. McSwain has to legally meet four requirements:

  1. Mr. McSwain will suffer irreparable injury if the Court doesn’t issue the injunction,
  2. Mr. McSwain is likely to prevail on the merits of his lawsuit;
  3. The threatened injury to Mr. McSwain – Honors not be allowed to show – outweighs the damage an injunction would have on opposing parties;
  4. If issued, the injunction must not be adverse to the public interest.

An injunction is an “extraordinary and drastic remedy”,  and “all four elements” (not just one) must be met for a Preliminary Injunction to be issued.

Nephew Eugene says a major question the Court might have is “Why” did Mr. McSwain et al wait until right before the 2016 Show Season to seek this remedy.   The situation has existed almost nine months since “Honors” was turned down on August 29 2015,  at the Tennessee Walking Horse National Celebration.

Here is “Honors” pedigree:

HONORSPEDIGREE

“Honors” has everything you want in a World Grand Champion,  except unfortunately,  just like Gen’s Ice Glimmer,  the “Savior Horse”  “Honors”  allegedly has “Scarred” front feet caused by “Big Lick” Animal Cruelty.    This is what results from what Mr. McSwain’s attorney Mr.  L. Lin Wood calls the (Big Lick) Tennessee Walking Horse culture and industry (racket)”.

GEN’S ICE GLIMMER – JULY 28, 2015

Glimmer's feet

GEN’S ICE GLIMMER, TWHBEA #24704770, Blood Type ‪#‎TWT050457‬\

PHOTOS FROM PACERMONITOR.COM – MCSWAIN ET AL VS UNITED STATES DEPARTMENT OF AGRICULTURE (These two photos have been enhanced (lightened and contrasted) to more clearly depict what was being described by USDA Inspector Vet Dr. Bart Sutherland in his Affidavit (See Below)

“SAVIOR HORSE” – “HONORS” – AUG. 29, 2015

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Nephew Eugene says it will be interesting to see if  U. S. District Judge Richard W. Story issues a ruling this week on the plaintiffs’ Motion for a Preliminary Injunction.

The Celebration’s Spring Fun Show starts Thursday,  May 26, 2016.

Stay tuned.

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THETA HILL TOP MARKET