Judge dismisses dog-seizure lawsuit

U.S. District Judge Billy Roy Wilson has dismissed a federal lawsuit against the Humane Society of Pulaski County that was filed by the owners of an Austin dog-breeding operation over the seizure of more than 130 dogs.

In Sandra and Marcus Nance's June lawsuit, their attorneys had argued the Humane Society unlawfully seized 137 dogs from her Austin property in June 2012.

The Humane Society has a policy of taking all animals from a location when there is cause to seize one. The lawsuit asserted that because Sandra Nance faced charges on only 13 of the dogs, the seizure of the other dogs was illegal.

Wilson's Tuesday order said the seizure issue already had been settled in state court and that the Nances failed to argue why they believed the law under which the dogs were seized, Arkansas Code 5-62-106, is unconstitutional under the 14th Amendment to the U.S. Constitution.

Sandra Nance was convicted in March 2013 of five misdemeanor counts of animal-cruelty and was found innocent of numerous other animal-cruelty charges. She was sentenced to a $500 fine and 100 hours of community service.

Metro on 10/04/2015

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