Second Gilfus suit dismissed

By The Citizen staff report

Friday, October 6, 2006 9:20 AM EDT

A second lawsuit over the seizure of animals from the Gilfus family farm by local authorities and animal rights groups was dismissed last week by a federal judge.
In the now-dismissed lawsuit, Patricia Gilfus, her sons, John S. Gilfus, Richard B. Gilfus Jr., and Werner Flier, who had a lease agreement to board his horse stock at a 15-acre Mentz farm, alleged in lawsuit they were deprived of due process and sought damages because they lost their livelihood with the seizure of livestock from the farm. They sought $50 million from more than 100 defendants.

U.S. Northern District Judge Howard G. Munson dismissed their suit because he said it was not specific enough on how the 100 defendants violated the law or caused damages to Flier and the Gilfuses. Munson advised the plaintiffs, who represented themselves, to use an attorney for another lawsuit.

A similar lawsuit was dismissed last month by the same judge, in which seven plaintiffs, including Flier, said the raid violated the U.S. Constitution.

During a Dec. 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 and without access to clean water.

Patricia, John and Richard Gilfus were convicted of 14 counts of animal cruelty by a Cayuga County jury in October 2002.

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