Mikey T

But in PA that is the law that allows and incourages Non-govermental agency to sieze private property with little oversight and an difficult process to regulate because there oversight is done by the courts.

An know there is a move in the legislature of PA to reduce the liability of such non-government officers

Humane officers can carry guns; may get more power

Rep. John Siptroth: SPCA not immune to lawsuits in bill

HOUSE BILL No. 2547

Michael Tefts

murraysmom

Just to clarify HB 2547:

By JOHN SIPTROTH
State Rep., 189th District
December 23, 2008

The Pocono Record recently printed a piece entitled "Humane officers can carry guns; may get more power" in which legislation I introduced was incorrectly described as providing officers with "immunity from litigation" and suggested that they "may become exempt from lawsuits."

The implication in the article was that my bill would give armed humane officers carte-blanche to do whatever they pleased without concern for a citizen's constitutional rights or the due process of law. This was a gross distortion of the intent and content of the bill.

My bill would give any humane society police officer performing a lawful investigation or enforcement of the Pennsylvania Dog Law immunity from civil action for damages. It would treat the humane officer the same as a public employee in this instance. The bill does not remove civil liability for gross negligence, intentional misconduct or reckless misconduct and I have clearly stated that in the language of the proposed legislation. HB2547 does not give immunity from criminal prosecution nor does it override a citizen's rights such as security and seizures in Article 1, Section 8 of the Pennsylvania Constitution.

Elvismom

PA isn't the only place where laws are abused - but I still say it's not the law, it's the people who are illegally enforcing it.

We have a "shelter" here who is run by a tin dictator. About 18 months ago a warrant was served on a woman based on an anonymous complaint. It stated they could ONLY take any animals suffering from neglect or abuse. They took all her animals and ONE dog has a small sore on it's leg. it took her a court case, over 18 months and 3 or 4 direct orders from the judge before her animals were returned. Most were in bad shape. She had some show dogs that probably had their careers ended.

This is a couple of pics that was smuggled out from the "shelter". One board member said at a meeting last week that ALL dogs should be chained.




Yet the local ACO will not site her for abuse/neglect. The laws are there - but the enforcement is ass backwards.

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Chris
Foodslave, chauffer & doorperson to Elvis, Georgia, Ginger & Maggie, Crissy & Dart

pinehawk

http://espomagazine.com/board/viewtopic.php?t=23505 here's more thoughts.Billy Milko

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Elvismom

I hope they can file suit against the officials who used their powers illegally. No one should abuse the powers of a public office.

__________________
Chris
Foodslave, chauffer & doorperson to Elvis, Georgia, Ginger & Maggie, Crissy & Dart

Mikey T

the problem is Humane Officer is a PSCA employee and not a government employee vested with the powers of the state. The control of disipline regulation etc are in the hands solely of the local courts The only real course of action is unfortunatly is in a civil court action. and there is legislation afoot to make this much harder by raising the threshold of from simply negligence to gross negligence et. al.



Michael Tefts