Joe Manis v. U.S. Department of Agriculature, et al.

Greensboro, North Carolina civil litigation lawyers represented the Plaintiff seeking injunctive relief from Department of Agriculture ("USDA”) proceedings charging him with violating the Horse Protection Act ("HPA”).



Tennessee Walking Horses are known for their distinctive, smooth gaits. These

horses are entered into horse shows and competitions featuring their gaits. The distinctive

walking patterns are "achieved through selective breeding and training with equipment.”

Stamper v. Sec'y of Agriculture, 722 F.2d 1483, 1484 (9th Cir. 1984). Unfortunately, the

distinctive gaits can also be replicated through abuse of the horse. Making the forelimbs

of the horse "sore” by inflicting pain requires the horse to quickly lift its feet when it walks,

which mimics the desired gait. Id. In response to this practice of abuse, and to ensure

fairness in Tennessee Walking Horse competitions, Congress enacted the 1970 HPA. 15

U.S.C. § 1821 et seq.



The HPA makes it illegal to show or exhibit any horse which is "sore.” 15 U.S.C.

§ 1824(2). The HPA is enforced through inspections at horse shows. A horse found to be

"sore” is disqualified from the competition and the liable individuals may be banned from

further participation in horse competitions.



The USDA has the authority to initiate civil enforcement proceedings to ensure

compliance with the HPA. The Animal and Plant Health Inspection Service ("APHIS”) is

an arm of the USDA tasked with carrying out enforcement of the HPA. After notice and a

hearing, the Secretary of Agriculture ("Secretary”) can impose civil monetary penalties and

disqualify violators from the walking horse industry. The Secretary is permitted to delegate

this authority and create the position of the Judicial Officer∗ pursuant to 7 U.S.C.

§ 6912(a)(1) ("[T]he Secretary may delegate to any agency, office, officer, or employee of

the Department the authority to perform any function transferred to the Secretary.”).

Pursuant to this authority, the Secretary has directed that HPA violation proceedings be

conducted through the USDA in-house adjudication process, and has delegated his decision

making authority to the USDA's Judicial Officer. Despite this delegation, the Secretary

can choose to exercise adjudicatory authority himself and can revoke authority previously

delegated to the Judicial Officer. See 7 C.F.R. § 2.12 ("No delegation of authority by the

Secretary or a general officer contained in this part shall preclude the Secretary or general

officer from exercising any of the authority so delegated.”).

Affirmed