Federal court dismisses Gilfus lawsuit

By: Citizen staff report

Wednesday, September 20, 2006 5:36 PM EDT

A May 2003 lawsuit alleging that a Cayuga County family farm was raided on an unconstitutional basis during an animal cruelty investigation was dismissed in a federal court decision last week.
Senior U.S. Northern District Judge Howard G. Munson dismissed a case filed by Werner Flier, Daniel Gilfus, Lisa Gilfus, Michael Gilfus, Timmothy Gilfus, Edward Haskin and Jennifer Swan.

During a December 1, 2001, raid on the Gilfus family's farm at 1996 Sarr Road in the town of Mentz, more than 300 animals were seized by law-enforcement officers and volunteers from animal rights groups because the officials said the animals were left without shelter, in substandard pens and without access to clean water.

Munson wrote that the suit should be dismissed because the plaintiffs failed to prove their allegation that the Cayuga County District Attorney's Office, the Cayuga County Sheriff's Office and other officials "devised a fraudulent scheme to cover-up their wrongful conduct," including providing a false story about the farm raid. Munson also wrote the case should be dismissed because of the plaintiffs' failure to follow the rules governing civil litigation, including filing their papers on time.

Read the full report in Thursday's edition of The Citizen.

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