August 3, 2015 Evan Verbrugge Rock County Sheriffs Office 1000 N
Blue Mound Ave., PO Box 613 Luverne, Minnesota 56156 T:
507-283-5000 E: [email protected] VIA: EMAIL Re:
Petition for Investigation and Enforcement of Minnesota Cruelty to
Animals Act at Christensen Farms Dear Sheriff Verbrugge: I am
writing to direct your attention to recent conduct in Luverne,
Minnesota, witnessed and documented by a representative for Last
Chance for Animals (LCA), which constitutes violations of Minnesota
Cruelty to Animals Act 343.20-343.37. As detailed in the complaint,
Petitioners request that your office investigate and commence
enforcement against Christensen Farms' management and employees for
the mistreatment of animals in violation of Minn. Stat. Ann. 343.21
(West 2015). Please send any communications regarding this
complaint to my attention:Last Chance for Animals C/O Zeynep Graves
8949 W. Sunset Blvd. 3rd Fl Los Angeles, CA 90069 T: 310.745.7176
E: [email protected] Respectfully submitted, Zeynep Graves, Esq.
Last Chance for Animals Zeynep GravesI.INTRODUCTION From March 30,
2015 to July 30, 2015, LCA initiated a survey of Christensen Farms
Barn C-12 ("Christensen Farms"), a breed-to-wean facility, located
at 1648 50th Ave., Luverne, Minnesota 56156. An LCA witness
documented an ongoing pattern of animal cruelty and neglect while
employed by Christensen Farms. LCAs investigative findings,
consisting of daily observations with detailed written reports as
well as extensive video documentation, are summarized in this
complaint.The evidence indicates a pattern of cruelty and neglect
by Christensen Farms farm manager, Jeff Moser, and employees. Sows
with severe injuries are forced to walk various distances,
sometimes dragging their exposed internal organs along the ground,
before being euthanized. Workers punch, kick, prod and strike sows
out of frustration. Improper medical treatments and failure to
promptly euthanize pigs suffering from debilitating illness and
injuries typically results in a slow deterioration pigs health
until death. The attached industry guidelines unequivocally show
that the conduct documented herein falls far below the parameters
of usual and accepted animal husbandry standards and is willfully
cruel and neglectful. The conduct of Christensen Farms manger and
employees evidences clear incidents of poor farm management and
animal mistreatment, revealing callous indifference to the pain and
suffering experienced by animals under their care and a complete
disregard for animal welfare. Enclosed are declarations provided by
the LCA witness and edited video footage that contains examples of
violations of Minnesota law. The LCA witness is available to assist
your office upon request and at your convenience.LCA respectfully
requests that the Rock County law enforcement promptly investigate
the allegations described herein against farm manager Jeff Moser
and employees Rodney (aka "Rod") Kuehl, Tanner Vander Waal, Jamie
Davis, and Kayla Humphrey for their mistreatment of animals and
indifference to Minnesota animal cruelty laws. The Association of
Prosecuting Attorneys Statement of Principals state that "[a]nimal
cruelty, both active and passive, is a crime of violence, and as
such requires a prosecutor's full attention."1 We are confident
that you will share our concerns about the abuse of animals and
will help stop these practices by holding the culpable parties
responsible for their violations of state law.The criminal acts by
Christensen Farms' manager and its employees are detailed
below.
1 Animal Cruelty, Association of Prosecuting Attorneys,
http://www.apainc.org/programs/animal-cruelty/ 3 II.MINNESOTA LAW
A.MINN. STAT. ANN. 343.21 Mistreating Animals Minn. Stat. Ann.
343.21 (West 2015) provides in relevant part: 2
Subdiv.1.Torture-Nopersonshalloverdrive,overload,torture,cruelly
beat, neglect, or unjustifiably injure, maim, mutilate, or kill any
animal, or
cruellyworkanyanimalwhenitisunfitforlabor,whetheritbelongsto that
person or to another person.Subdiv. 2. Nourishment; shelter - No
person shall deprive any animal over
whichthepersonhaschargeorcontrolofnecessaryfood,water,or shelter.
... Subdiv.7.Cruelty.-Nopersonshallwillfullyinstigateorinanyway
furtheranyactofcrueltytoanyanimaloranimals,oranyacttendingto
produce cruelty to animals.Acts of "torture" and "cruelty" are
defined as "every act, omission, or neglect which causes or permits
unnecessary or unjustifiable pain, suffering, or death."3 Animal is
broadly defined as "every living creature except members of the
human race."4
Although neglect resulting in animal mistreatment is an offense
in violation of Minn. Stat. Ann. 343.21, subdiv. 1, neglect is not
specifically defined in the Minnesota Cruelty to Animals Act. In
the absence of a definition, statutory language should be construed
according to common and approved usage.In the context of vulnerable
adults, neglect is defined in Minn. Stat. 626.5572 as:
(a)Thefailureoromissionbyacaregivertosupplyavulnerableadult with
care or services, including but not limited to, food, clothing,
shelter, health care, or supervision which is: (1) reasonable and
necessary to obtain
ormaintainthevulnerableadult'sphysicalormentalhealthorsafety,
consideringthephysicalandmentalcapacityordysfunctionofthe
vulnerableadult;and(2)whichisnottheresultofanaccidentor therapeutic
conduct. In the animal cruelty context, North Dakota defines
neglect
as:thefailuretoprovide:(a)foodandwater...;(b)minimalprotectionfrom
adverseweatherconditions,asappropriateforthespeciesandthebreed;
2 See Ex. A. 3 Ex. A, Minn. Stat. 343.20, subdiv. 3. 4 Ex. A,
Minn. Stat. 343.20, subdiv. 2.4 and (c) Medical attention in the
event of an injury or illness, as appropriate for the species and
the breed.5
In Iowa, someone commits the offense of livestock neglect if
they do any of the following:(a) Fails to provide livestock with
care consistent with customary animal husbandry practices; (b)
deprives livestock of necessary sustenance. (c) Injures or destroys
livestock by any means which causes pain or suffering in a manner
inconsistent with customary animal husbandry practices.6
The above definitions have three common elements: (1) a failure
to provide; (2) necessary sustenance (including food and water);
and (3) appropriate care, including medical or veterinary care. In
accordance with the above analysis, the prohibition on neglecting
an animal in Minnesota arguably includes the failure to provide
necessary sustenance and appropriate care, including veterinary
care.Animal mistreatment by torture or neglect, in violation of
343.21, subdiv. 1, and mistreatment by deprivation, in violation of
343.21, subdiv. 2, are arguably strict liability offenses.7 Animal
mistreatment by cruelty, in violation of Minn. Stat. 343.21,
subdiv. 7, requires proof that that the violator willfully acted,
failed to act or neglected to act on behalf of an animal in a
manner that caused unnecessary or unjustifiable pain or suffering.
In misdemeanor statutes, the term willfully denotes an intentional,
as opposed to accidental, act.8 The Minnesota Court of Appeals
states that an act is willful
if:itisnegligentandsofarfromaproperstateofmindthatitistreatedin
many respects as if it were so intended. A person has acted
willfully if that
actorhasintentionallydoneanactofanunreasonablecharacterin disregard
of a known or obvious risk that is so great as to make it highly
probable that harm would follow, and which thus is usually
accompanied by a conscious indifference to the consequences.9 There
are no exemptions to Minnesota's animal cruelty laws. Accordingly,
the Minnesota Cruelty to Animals Act directly applies to the
numerous offenses detailed below and included in the attached
evidence. These offenses constitute misdemeanors and gross
misdemeanors under Minnesota law:
5 ND ST 36-21.2-01. 6 Iowa Code 717.2. 7 See Ex. B, State v.
Crume, WL 1182474 (Minn. Ct. App. 2000) (rejecting the defendant's
claim that a culpable negligence element should be read into the
statute).8 Ex. B, State v. Schramel, 581 N.W.2d 400 (Minn. Ct. App.
1998). 9 Ex. B, State v. Dokken, Unpub. LEXIS 828 (2013 Minn. Ct.
App. 2013), citing State. v. Cyrette, 636 N.W.2d 343, 348 (Minn.
Ct. App. 2001) (internal citations omitted).5
Exceptasotherwiseprovidedinthissubdivision,apersonwhofailsto
complywithanyprovisionofthissectionisguiltyofamisdemeanor.A person
convicted of a second or subsequent violation of subdivision 1 or 7
within five years of a previous violation of subdivision 1 or 7 is
guilty of a gross misdemeanor.10
III.VIOLATIONS OF MINNESOTA CRUELTY TO ANIMALS ACT A.Animal
Mistreatment by Cruelty at Christensen Farms The following section
outlines a number of willful acts of cruelty, in violation of Minn.
Stat. Ann. 343.21, subd. 7. These acts include: workers forcing
sows with severe injuries to walk before being euthanized; workers
kicking, punching and striking pigs; a worker admitting to anally
penetrating a sow with a gate rod; workers dragging sows by their
ears and snout; and workers failing to properly euthanize piglets.
1.Workers force sows with severe injuries to walk before being
euthanized When a decision is made to euthanize a pig, proper
procedure at Christensen Farms is to carry out the euthanasia
immediately.11 This protocol reflects the principles outlined in
the National Pork Board's Swine Care Handbook, which defines
euthanasia as "a humane death occurring without pain or distress"
with a goal of causing a quick and painless death.12 In order to
minimize pain and distress, standard protocol necessitates that
animals suffering from a severe injury be euthanized where they are
found. Examples of severe injuries in pigs include broken bones,
bleeding gashes or deep, visible cuts, pressure sores, and
prolapses "larger than a baseball or dark in color and necrotic. 13
Instead of following proper euthanasia procedures, Christensen
Farms employees force sows with large bleeding prolapses and other
severe injuries to walk multiple yards before euthanizing them in
order to minimize the distance workers have to transport the
carcass after death. The LCA witness describes one of these
incidents: Whilemovingsowssomeoneinfarrowingnoticedasowwitharectal
prolapseandcametoRodandaskedthatweeuthanizeit.Rodsaidthat we should
move her to the loading ramp before euthanizing her because it
10 Ex. A, Minn. Stat. 343.21, subdiv. 9(a). 11 Ex. C, LCA
Witness Statement 03-30-15 ("One(1) sow was euthanized with a
captive bolt gun. The sow was not moved before euthanasia. It is
policy that when a decision is made to euthanize a pig the
euthanasia must be carried out immediately."). 12 Ex. D, National
Pork Board, Swine Care Handbook, 31 (2003),
www.pork.org/pqa-plus-certification/program-materials/. 13 Ex. E,
Temple Grandin, Recommended Animal Handling Guidelines and Audit
Guide: A Systematic Approach to Animal Welfare, 42 (AMI Foundation,
2013), http://www.animalhandling.org/ht/d/sp/i/26752/pid/26752. 6
wouldbealotofworktousethedeadscart.Hewenttothemostsenior
personatworktodaywhowasKaylaHumphrey,sheisthefarrowing
manager,shehas10+yearsofexperience.Kaylasaidmakingherwalk
wouldbefine.Theprolapsewasabout10indiameterandabout18
long,ittouchedthefloorwhileshewalkedleavingatrailofblood.Rod had to
push and kick her to keep her walking. He asked why I did not help
more, I told him I didn't think what we were doing was correct. He
said it wasfine.Whenwegottothetopoftheloadingramp,about3feetfrom
the exit door he had me snare her upper jaw and he used the captive
bolt pistol to euthanize her.14 The willful act of moving sows with
large bleeding prolapses and swollen leg injuries, cause them
extreme unnecessary pain and suffering in violation of Minn. Stat.
343.21 subiv. 7. Specific instances of Christensen Farms employees
forcing sows with severe injuries to relocate before being
euthanized are as follows:Clips MAH06579, MAH06580, MAH06581: show
Tanner Vander Waal forcing sow PID# 965162 with a grossly swollen
foot to walk before being euthanized. The stress of walking causes
the foot to rupture and bleed profusely. The witness states, Tanner
moves the sow into the farrowing hallway, the sows swollen leg
begins bleeding. Tanner sees the large amount of blood and decides
to shoot her where she is now. We have moved her about 30 meters.
Tanner has me snare the sow, then he shoots her with the captive
bolt pistol. Kayla and Rod gather around as the sow dies, she takes
about 3 minutes to fall still. BEFORE she stops moving Rod drives
the dead cart over her still moving body, Tanner catches the dead
cart on the other side.15 Clips MAH05232, MAH05236: show the
discovery of a sow with a vaginal prolapse and conversations
regarding moving the sow. The witness, who observed the incident,
states, "One of these sows had a vaginal prolapse. It was about 10
long and about 6 in diameter. I was not present for the euthanazia
of this sow. However, I asked Tanner who had euthanized the sow and
he told me that himself and Jamie Davis did. He said they walked
her to the end of the loading ramp and shot her with the captive
bolt pistol. He said that while it was dying it shook and kicked
and tore open it's vaginal prolapse."16 Clips MAH05293 - MAH05295:
show Rodney Kuehl forcefully moving a lame sow with a large
bleeding prolapse. The witness states, I noticed a sow in Pen 4B in
the South Barn had a prolapsed anus. I told Rod about the prolapse,
he said I should shoot it. I told him I have never done this [H]e
said I should try to move her out of her pen. I opened the pen and
tapped on her back with my fingers, she would not stand and instead
dragged her rear
14 Ex. C, LCA Witness Statement 04-17-15. 15 Ex. C, LCA Witness
Statement 07-22-15. 16 Ex. C, LCA Witness Statement 04-17-15. 7
end, her prolapse was leaving a trail of blood as she moved. She
moved about 10 feet before I went to get Rod to see what he wanted
to do. He poked her in the back using the back of a pen, and kicked
her along with his boots. She went about another 40 feet reaching
the med hallway which is between the breeding barns."17 Clip
MAH05383: shows a sow with a large bleeding prolapse being
euthanized after she was forced to walk approximately 100-150 feet.
The witness, who observed the incident, states:"A sow prolapsed
during labor last night as reported to me by Kayla Humphry. Tanner
and I found the sow who had been moved from room 6 where she was
found with the prolapse to the hallway outside of room 2, there was
a trail of blood splatter down the hallway. Tanner used the captive
bolt pistol to shoot the sow twice."18 Clips MAH05628, MAH05630:
show Tanner Vander Waal forcing a sow with a large bleeding
prolapse to exit her crate. The witness, who observed this
incident, states, "While moving the boars with the boar-bot for
Tanner I find sow PID# 965663 AID# 27401 who is the sow a couple
weeks ago whose genitals looked deformed so I wrote on her card
watch for prolapse. When I found her she had a vaginal prolapse
about 4 in diameter and about 14 extended. ... Tanner and I go to
the crate where the sow with the prolapse is laying down, after
Tanner removes the front gate she stands up on her front legs, her
hind still on the ground. Tanner uses his open palm to slap her
back until she stands and exits the crate. Once the sow is out of
the crate Tanner walks toward the center of the barn where I left
the pistol, the sow walks on her own about halfway from her crate
near the end of her row to the center of the barn, aprox. 50 feet.
I follow well behind. The sow leaves a trail of droplets of blood,
part of her inside that are protruding out have a large cut and she
is bleeding. Tanner snares her by the top of her mouth, he has
forgotten to load the pistol so I take the snair while he loads the
pistol. The sow is in great distress the moment she is snared until
she is shot. Tanner says aloud, I didnt think it through that well,
but (sic).19
Forcing sows with large bleeding prolapses to drag their
expelled organs various distances, as well as forcing a sow with a
severely swollen leg to walk, are willful acts which cause
unnecessary pain and suffering. Accordingly, Tanner Vader Waal,
Jamie Davis, Rodney Kuehl and Hayla Humphrey are all guilty of
causing unnecessary pain and suffering, in violation of Minn. Stat.
343.21, subdiv. 7.2.Workers willfully kick, punch and strike pigs
Under no circumstances is it acceptable for workers to resort to
violent acts to move animals. According to the American Meat
Institute Animal Welfare Committee
17 Ex. C, LCA Witness Statement 05-03-15. 18 Ex. C, LCA Witness
Statement 05-20-15. 19 Ex. C, LCA Witness Statement 06-17-15.8
"[w]illful acts of abuse include... hitting or beating an animal"
and can never be tolerated.20 Employees at Christensen Farms were
documented kicking, punching, prodding and striking pigs with metal
gate rods. Physical abuse, including kicking, punching and striking
animals with gate rods, causes animals obvious pain and
suffering.21 These are intentional acts of cruelty where the
workers are knowingly hurting the sows by repeatedly striking the
sows with objects and/or their own bodies. These incidents,
described in detail below, are willful acts, which cause
unnecessary and unjustifiable pain and suffering to the pigs, in
violation of Minn. Stat. Ann 343.21, subdiv. 7. Specific instances
of Christensen Farms employees kicking, punching and striking pigs
can be found in the following examples:The LCA witness states, "A
gilt who was being stubborn on her way to farrowing was kicked in
the vagina by Jamie Davis. She laughed when she did this and said
that it ...always gets them moving to give 'em a good kick"22 The
LCA witness states, " a very stubborn Gilt who was inexperienced
with the moving process turned around before entering her crate and
ran back toward Rod. The gilt hit Rod's knee pretty hard and she
pushed him out of the way trying to get past. The upset Rod greatly
and he through his sort board across a couple rows of crates, then
he chased down the gilt and kicked it many times with great force
in the vagina."23 The LCA witness describes multiple incidents
where employees mistreated multiple sows while moving them out of
farrowing. The witness, who observed these incidents, states, "The
next sow that refused to move forward was kicked and punched by
Tanner Vander Waal, the sow became more terrified as the attacks
increased in force. ... As we continued to have sows not wanting to
move forward other methods were used such as Tanner using the back
of a pen to stab into their backs, this was done forcefully enough
to cause red scratch marks, when the sows were very near their
crates Jamie and Tanner would use the gate rods to poke into their
backs and sides to attempt to jab them into moving forward.24
20 Ex. E, Recommended Animal Handling Guidelines & Audit
Guide, supra note 13, at 44; See also Ex. D, Swine Care Handbook,
supra note 12 (according to the Pork Producer Code of Practice,
management and husbandry practices for good swine care include
"zero tolerance for mistreatment of swine"). 21 Ex. F, Temple
Grandin, The Importance of Measurement To Improve the Welfare of
Livestock, Poultry and Fish, in Improving Animal Welfare: A
Practical Approach, Table 1.2 (CABI Publishing, 2010),
http://www.grandin.com/importance.measurement.improve.welfare.html.
22 Ex. C, LCA Witness Statement 04-03-15. 23 Ex. C, LCA Witness
Statement 04-13-15. 24 Ex. C, LCA Witness Statement 04-28-15. 9
Clip MAH06673: shows Kayla Humphrey stabbing a lame sow with a pen,
forcing her to drag herself down the farrowing hallway. Deep
bleeding welts are visible across the sows back. The witness
states, Kayla moves Sow PID# 925279 AID# 89318 , down the hallway
from farrowing room 6 to iso. The sow is unable to stand on her
back legs. I lift the sows back end and she will not use her legs.
Terina asks Kayla if she is putting the sow down, and Kayla says
no. Kayla uses her pen to jab the sows back, this leaves red lines
on the sows skin Terina tries to lift the sows back end. Same
result as before the sow does not use her back legs. Terina asks me
to go get a lead rope. When I return Terina gets the rope under the
sow and we attempt to lift the sows back end, Kayla constitutes to
jab the sow in the back with her pen, the sow moves forward about
20 feet before we give up. I suggest that maybe the rope is too
thin and we should not try again, the sows rear legs are shaking,
Terina says this is not because of the rope, her legs were shaking
when we started. Terina removes the rope from the sow, then Kayla
tells me to tell Tanner the he must shoot the sow.25 Clip MAH05791:
shows Rodney Kuehl and Jamie Davis kicking and slapping a downed
sow. The LCA witness states, "Rod and Jamie team together to hit
and kick a downed sow out of her crate, the sow screams loudly and
louder when she gets her leg caught between the feeder spout and
the feeding trough.26 Clips MAH05800, MAH05802: The LCA witness
states, "today there is a sow who [] will not go around the last
corner before farrowing so is effectively stuck in the med hallway.
Jamie first tries to move the sow by pulling out hair, then a lot
of slapping, then she tries brute force, then Rod reaches in a[nd]
stabs the sow with his pen, and the sow moves."27
Clips MAH05889, MAH05890: The LCA witness states, "Tanner uses
his knees against the sows hind, and his arms outstretched next to
the sow, hands grasped on the rails of the crates on either side,
and in a rowboat like action he uses his whole body to force the
sow a foot or two ahead. After a couple minutes of this he becomes
very frustrated and the sow becomes very fatigued from fighting the
forward movement, and lays down. This sets off Tanner who begins
violently punching the sow in the back with his left hand balled
into a fist, he punches the sow four times in rapid succession
pulling his fist behind his shoulder between each blow. During this
he screams at the sow Get the fuck up! After a few moments the sow
has recovered her strength and begins backing up, overpowering
Tanner for a moment, he hits her with both hands, then returns to
his rowboat technique, he screams at the sow again
"[inaudible]...not a fucking option!" After resting for awhile
Tanner gives up on moving her forward and tries to move her
backward. He start by slapping
25 Ex. C, LCA Witness Statement 07-26-15. 26 Ex. C, LCA Witness
Statement 06-26-15. 27 Id. 10 her face with his hand, after this
does not work he grabs a gate rod and jabs her in the neck and side
then her back. This also does not start the sow moving.28 Kicking,
punching, jabbing and striking pigs constitute willful acts that
cause unnecessary pain and suffering to animals, in violation of
Minn. Stat. 343.21, subdiv. 7. Therefore, Christensen Farms
employees, Rodney Kuehl, Tanner Vander Waal, Jamie Davis and Kayla
Humphrey are guilty of multiple violations of Minn. Stat. 343.21,
subdiv. 7. 3.Worker admits to anally penetrating sow with gate rod
Penetrating an animal in sensitive areas such as they eyes, anus or
mouth is an abusive practice that causes obvious suffering.29 In a
conversation about the medical treatment of a sow, a senior
Christensen Farms employee, Rodney Kuehl, informs the LCA witness
that he used a gate rod to remove feces out of a live sow's bowels.
Anally penetrating a sow with a metal gate rod is a willful act,
which causes unnecessary and unjustifiable pain and suffering to
the sow, in violation of Minn. Stat. 343.21, subdiv. 7. A
conversation regarding this incident can be found in the following
clip: Clip MAH05555: The LCA witness states, "Rod and I went
through what treatments to give out today, he talked about a sow
who needed to be given 15 or so cc of mineral oil orally, he said
she was backed up very tightly and he ...used a gate rod to loosen
things up..." 30 The inhumane and brutal act of anally penetrating
a sow with a gate rod is a willful act, which causes unnecessary
pain and suffering to an animal. Accordingly, Christensen Farms
employee Rodney Kuehl is guilty of violating Minn. Stat. 343.21,
subdiv. 7. 4.Workers willfully drag sows by their snout and ears
Dragging an animal is a prohibited handling practice that causes
obvious suffering.31 Christensen Farms employee, Tanner Vander
Waal, was documented snaring a sow and then dragging the snared sow
by her snout down a hallway. Although using a snare is common
practice when euthanizing an animal, dragging a snared sow by her
snout is not. Employees Rod Kuehl and Tanner Vander Waal were also
documented pulling sows by their ears, in an attempt to get them
out of their gestation and farrowing
28 Ex. C, LCA Witness Statement 06-30-15. 29 Ex. F, The
Importance of Measurement To Improve the Welfare of Livestock,
Poultry and Fish, supra note 21, at Table 1.2. 30 Ex. C, LCA
Witness Statement 06-13-15. 31 Ex. F, The Importance of Measurement
To Improve the Welfare of Livestock, Poultry and Fish, supra note
21, at Table 1.2.11 crates respectfully. Pulling a sow out of their
crate by their ears is also a prohibited practice.32 Pulling and
dragging a sow by her ears and/or snout are willful acts, which
cause unnecessary and unjustifiable pain and suffering to sows, in
violation of Minn. Stat. 343.21, subdiv. 7. According to industry
professionals, pigs will vocalize when something causes them pain
or fear.33 The sows screams and squeals are blatant indicators that
the sows are in extreme fear and are unnecessarily suffering while
they are being dragged.These specific incidents are detailed below:
Clip MAH05751: shows Tanner Vander Waal snaring sow PID 975886 and
then dragging her a few feet down the loading ramp towards the
door. The sow screams loudly. Clip MAH06009: shows Rodney Kuehl
pulling a downed sow out of her gestation crate by her ear. The
sow's screams become louder as he continues to pull. The LCA
witness states, "Rod finds a sow (PID #963162) who has been down
for awhile and decides to move her to a pen, he does this by
opening her crate and trying to lift her head by her ear, he pulls
very hard, the skin stretches farther than I could have imagined it
would. Eventually the sow pushes her way out of her crate without
standing up, her left rear leg is very swollen from the knee to the
hoof. Once she is out of her crate Rod grabs her by the tail and
pulls her up, the sow stands on three feet holding her swollen leg
in the air and hopping. When she reaches the pen she stands in
place on three legs, her swollen leg is trembling and it makes her
whole body shake."34
Clip MAH06255: The LCA witness states, "Tanner's next action is
to pull the sow by her left ear. He pulls very hard stretching her
ear and face skin. The sow screams loudly and her pitch changes
after his second attempt. Tressa and Tanner work together to get
the sow back into the isle, after this Tanner returns to unloading
another sow, he hits her with a gate rod also."35 Dragging animals
by sensitive body parts, including their snout and ears, are
willful acts which cause unnecessary pain and suffering.
Accordingly, Christensen Farms employees Tanner Vander Waal and
Rodney Kuehl are guilty of violating Minn. Stat. 343.21, subdiv.
7.
32 Ex. G, National Farm Animal Care Council, Code of Practice
For the Care and Handling of Pigs, 30 (2014),
http://www.nfacc.ca/pdfs/codes/pig_code_of_practice.pdf . 33 Ex. E,
Recommended Animal Handling Guidelines & Audit Guide, supra
note 13, at 24. 34 Ex. C, LCA Witness Statement 07-02-15. 35 Ex. C,
LCA Witness Statement 07-10-15.12 5.Workers fail to properly
euthanize piglets i.Failure to promptly euthanize piglets in
critical condition Piglets suffering from life threatening injuries
are routinely left to suffer for prolonged periods before they are
euthanized at Christensen Farms. This practice violates both
company policy and the principles outlined in the National Pork
Boards Swine Care Handbook.36 Once a piglet in critical condition
is discovered, Christensen Farms employees typically set the piglet
aside for several hours before the piglet is transported to a
vessel where they are eventually euthanized by carbon dioxide (CO2)
inhalation. Failure to promptly euthanize piglets suffering from
life threatening injuries constitutes cruelty by omission, which
causes unnecessary and unjustifiable pain and suffering in
violation of Minn. Stat. 343.21, subdiv. 7. A specific incident
where a Christensen Farms employee failed to promptly euthanize a
piglet in critical condition is described below:Clips GOPR067,
MAH06680: In the following clips, a piglet was left to suffer for
over 2.5 hours, after its organs were expelled through a castration
incision. The LCA Witness states, I notice a piglet laying in front
of the crates in room 9 where Kayla and Terina are still processing
piglets. The piglet is alive and responsive. The piglets intestines
have come out of the cut made during castration. Instead of being
euthanized the piglet was just set out of the crate onto the
concrete. After collecting the feedback I return to check on the
piglet, it is standing now with his intestines hanging outside of
his body. AFTER Kayla and Terina finish processing Kayla picks up
the piglet as she leaves the room. I ask Kayla if the piglets wound
is from being cut to deep during castration. She explains to me
that the piglet had an internal rupture to begin with, then flips
the piglet upside to show me the injury. She says when they cut the
piglet open for castration his intestines just came out. I follow
Kayla as she walks to the CO2 chamber, when we arrive she opens the
lid she notices the piglets that were put in for euthanasia earlier
are still alive, Terina says oh, it is out (of CO2)[.] Kayla pulls
out one dead piglets from the chamber and two live piglets. Now the
piglet in her hand with whose intestines are outside of his body is
beginning to bleed, his back end is smeared with blood.37 Failure
to promptly euthanize a piglet whose internal organs are displaced
outside of their body cavity through a castration incision causes
extreme unnecessary and unjustifiable pain and suffering.
Therefore, Christensen Farms employee Kayla Humphrey is guilty of
violating Minn. Stat. 343.21, subdiv. 7.
36 These policies are described in detail above. See supraParts
III. A. 1. 37 Ex. C, LCA Witness Statement 7-26-15. 13 ii.Failure
to confirm death of piglets after euthanasia results in prolonged
suffering According to the National Pork Board and the American
Association of Swine Veterinarians, proper euthanasia procedure
requires confirmation of death after any euthanasia method has been
applied.38 Three minutes after euthanasia, it is proper procedure
to check for the following vital signs: breathing, heartbeat,
movement or muscle tone, response to painful stimulus,
vocalization, and corneal reflex.39
Christensen Farms procedure for euthanizing piglets does not
provide for a timely confirmation of death. In fact, piglets
euthanized at the end of the day are not confirmed dead until the
next day.After an employee starts a cycle with the CO2 controller,
the employee is
toreturntowork.Theconfirmationofdeathistotakeplaceatthe
beginningoftheemployeesinteractionwiththeCO2chamber,thatis when the
employee removes the piglets from the previous euthanasia cycle
beforeenteringtheircurrentpigletstobeeuthanizedintothechamber.
Thismeansthatconfirmationofeuthanasiaisdependentontherebeing
anotherpiglettoplaceintothechamberatalatertime/date.Which
logicallydeterminesthatEVERYDAYthelastpigletstobeenteredinto the
chamber are not checked until the next days first euthanasia.40 On
one occasion the LCA witness discovered live piglets in the CO2
vessel after the euthanasia by carbon dioxide inhalation cycle had
run its course. By failing to provide for a timely confirmation of
death, Christensen Farms procedure for euthanizing piglets leaves
piglets suffering for prolonged periods, constituting cruelty by
omission, which causes unnecessary and unjustifiable pain and
suffering in violation of Minn. Stat. 343.21, subdiv. 7. This
specific incident is detailed below: Clip MAH06680: The LCA witness
states, "I follow Kayla as she walks to the CO2 chamber, when we
arrive she opens the lid she notices the piglets that were put in
for euthanasia earlier are still alive, Terina says oh, it is out
(of CO2) Kayla pulls out one dead piglets from the chamber and two
live piglets. I ask Kayla it ran out of CO2 in the middle of a
cycle? Kayla says yes Terina explain the one dead piglet and the
two live by saying the piglet that died was streppy and because he
was laying down there was only enough CO2 to displace the oxygen
below the standing piglets heads."41
38Ex. H, National Pork Board, On-Farm Euthanasia of Swine:
Recommendations for the Producer, 15 (2008),
https://www.aasv.org/aasv/documents/SwineEuthanasia.pdf. 39 Id.40
Ex. C, LCA Witness Statement "Euthanasia of Infant Piglets at barn
C-12 Christensen Farms" 7-27-15. 41 Ex. C, LCA Witness Statement
7-26-15. 14 By failing to require a timely confirmation of death,
Christensen Farms procedure for euthanizing piglets leaves piglets
that have survived a CO2 cycle unnecessarily suffering for
prolonged periods. Accordingly, barn manger Jeff Moser is guilty of
violating Minn. Stat. 343.21, subdiv. 7. B.Animal Mistreatment by
Neglect at Christensen FarmsChristensen Farms farm manager Jeff
Moser is responsible for making on-farm euthanasia decisions, as
well as overseeing all medical treatments, including the
administration of antibiotics. Although senior employees have the
authority to euthanize animals and initiate medical treatments,
Jeff Moser retains primary responsibility for the care and
treatment of all pigs in barn C-12.The following sections outline a
number of incidents where sows suffering from major physical
injuries, prolonged systemic illnesses, and other undiagnosed
conditions compromising animal welfare were neglected by management
at Christensen Farms. Failure to humanely euthanize, or provide
necessary care and appropriate medical treatments, exacerbate the
conditions of pigs, resulting in many sows becoming lame and in the
prolonged unnecessary suffering of these animals. These sows were
left to suffer for extended periods of time, sometimes as long as
10 weeks, while their health visibly deteriorated.The LCA witness
documented sows suffering from leg injuries and systemic illnesses
who became unable to walk to the feeders and rise to the water
taps. On many occasions Jeff Moser declined to euthanize these sows
leaving them to suffer until death. This practice is irreconcilable
with the National Pork Boards guidelines, which state "that any pig
that is unable to walk or that is ill and will not recover should
be humanely euthanized on the farm....Where the likelihood of
recovery is low, even with treatment, the pig should be
euthanized." 42 On a few occasions grossly neglected sows were
euthanized only when corporate representatives were scheduled visit
the barns, indicating Jeff Mosers cognizance of the unacceptable
physical condition of these sows.43 The cases described below
constitute animal mistreatment by neglect, in violation of Minn.
Stat. 343.21, subd. 1. These incidents also constitute willful acts
of cruelty by omission or neglect in violation of Minn. Stat.
343.21, subd. 7, i.e. management omitted or neglected to act on
behalf of a number of pigs described herein, in a manner that
caused these animals unnecessary and unjustifiable pain and
suffering.
42 Ex. D, Swine Care Handbook, supra note 12, at 6."# See e.g.
Ex. C, LCA Witness Statement 6-25-15 (Later I see a middle aged
male in the hallway between the breeding barns, later Tanner refers
to him as our Agronomist and tells me that we are going to
euthanize a couple of our worst looking sows because he is from our
office in sleepy eye, MN."). See also LCA Witness Statement
05-31-15. 15 i.Neglect of sows with progressing prolapses According
to the American Meat Institute Animal Welfare Committee, prolapses
larger than a baseball are considered severe injuries, compromising
the animal.44 Multiple sows at Christensen Farms suffer from large
vaginal or rectal prolapses, all grossly exceeding the size of a
baseball. During LCAs survey, the prolapsed sows never recovered or
showed any signs of improved health. In all cases the sows
conditions progressively worsened until the sows either died or
were euthanized in an untimely manner. It was common practice at
Christensen Farms to allow prolapses to progress until they either
tore or became so large that internal organs dragged on the
ground.Minnesota law demands the provision of adequate care for
animals in ones custody. Failure to provide such care constitutes
neglect. Severe injuries, such as large untreatable prolapses,
necessitate prompt euthanization. Jeff Mosers failure to promptly
euthanize sows suffering from untreatable prolapses constitutes
animal mistreatment by neglect, in violation of Minn. Stat. 343.21,
subd. 1. These incidents also constitute willful acts of cruelty by
omission or neglect in violation of Minn. Stat. 343.21, subd. 7.The
cases where Jeff Moser failed to promptly euthanize sows suffering
from untreatable prolapses are outlined in detail below:Clip
MAH05360 shows a prolapsed sow who was intentionally kept alive by
Jeff Moser, because she was close to farrowing. When the LCA
witness first encountered this sow, the witness noted, "At the
start of today Jeff Moser showed me a sow Sow PID# 925179 in the
South breeding barn that is beginning to prolapse. This is a
vaginal prolapse, she is about 9 days from farrowing. Jeff does not
want to euthanize her, so he asked that every couple of hours I
check on her, get her to stand, and push on the area between her
vaginal opening and anus that is beginning to bulge with enough
force so that when I am done she looks normal for awhile again.."45
Two days later, the witness states, " I noticed is the prolapsed
sow(Sow PID # 925179) from Friday looks much worse, her information
card has written on it Watch Prolapse! This was written Friday by
Jeff Moser our farm manager who does not want to euthanize this sow
because she is about 7 days from farrowing as of today.46 Clip
MAH05500: The LCA witness states,"Jeff euthanized a sow while I was
scraping crates, which was while Jamie and Terina were moving sows.
I ask him about this and he says he used a large knife to cut off
the prolapse. This sow started to prolapse this weekend. Jamie said
over the weekend her
44 Ex. E, Recommended Animal Handling Guidelines & Audit
Guide, supra note 13, at 42 (Examples of severe injuries for pigs
include broken legs, bleeding gashes or deep, visible cuts,
prolapses (larger than a baseball or dark in color and necrotic),
and body pressure sores."). 45 Ex. C, LCA Witness Statement
05-15-15 46 Ex. C, LCA Witness Statement 05-17-15. 16 and Tanner
thought that the sow should be euthanized, but Terri called Jeff at
home and had him 'ok' keeping the sow alive until Monday, The sow
was euthanized on Tuesday(today)."47 Barn manager Jeff Mosers
failure to euthanize sows with untreatable prolapses in a timely
manner constitutes neglect, as well as cruelty by omission and
neglect, causing unnecessary and unjustifiable pain and suffering
to the sows in his care. Accordingly, Jeff Moser guilty of
violating Minn. Stat. 343.21, subdivs. 1 & 7. 2.Failure to
properly treat or euthanize lame sows with swollen legs and open
lesions. A number of sows at Christensen Farms suffer from
conditions that cause their rear legs to swell. Unable and
unwilling to stand on their swollen hind legs, the legs develop
lesions that quickly become infected. The injuries worsen because
the sows constantly sit on their hind legs and because they drag
their hind legs along the ground whenever they try to move.
Christensen Farms provides these injured sows with various,
incomplete and improper treatments that are obviously ineffective.
Left suffering for prolonged periods, the health of these sows
rapidly deteriorates as more sores develop and become infected.
Large swellings and failure to properly treat obvious health
problems are both considered severe welfare problems that cause
obvious suffering.48 It is the position of the National Pork Board
"that any pig that is unable to walk or that is ill and will not
recover should be humanely euthanized on the farm....Where the
likelihood of recovery is low, even with treatment, the pig should
be euthanized." 49 Failure to give these sows adequate medical
treatment, and/or euthanize these sows in a timely manner
constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1.
These incidents also constitute cruelty by omission and neglect
which causes unnecessary and unjustifiable pain and suffering to
the sows in violation of Minn. Stat. 343.21, subdiv. 7. Specific
instances of lame sows with swollen legs and open lesions are as
follows: Sow PID 925705:Clips MAH05408, MAH05407, MAH05392,
MAH05408: The LCA Witness states, "After dropping feed in the North
breeding barn I walked the east side while Rod walked the west
side. I found sow PID# 925705 AID#85540 was in very bad condition,
both of her hind legs are swollen from the hoof to the top joint,
midway up the leg. One of them was bloody and had an open wound.
She had a history of incomplete treatments, when we give treatments
they are
47 Ex. C, LCA Witness Statement 06-09-15.48 Ex. F, The
Importance of Measurement To Improve the Welfare of Livestock,
Poultry and Fish, supra note 21 at Table 1.2.49 Ex. D, Swine Care
Handbook, supra note 12, at 6 17 to be given for 3 consecutive
days, her complete treatment history is 919 Tylan Banamine, 920
Tylan, 921 Tylan, 929, Linco Dex, 946(Today) Linco Dex. ... I
checked on Sow PID#925705 at the end of the day, On[e] of her
swollen ankles has split open and pus was coming out, it was very
solid and had the appearance of a thick white worm." 50 Sow PID
934303: The following clips show sow PID 934303 over the course of
7 weeks:Clip GOPR0439: The witness states, "I found sow PID# 934303
AID# 72169 Her hind legs are swollen below the knee first joint to
the size of softballs, this is both hind legs. Her rear right leg
has open bleeding sores on the swollen leg. She began treatment on
932, today is 949. Her first round of treatment was Tylan, this is
what we give to pigs who are sick or off of feed. She must have
been unable to get up but was keeping her legs underneath herself
as she was when I found her, this appears to be to prevent them
from further injury. On 938 she was given Linco and Dexamine, these
are drugs we give to sows with leg problems, Linco is labeled use
is for a bacteria that causes arthritis in the pigs joints.
Dexamine is a steroid. 939 and 940 should have been days when this
treatment was continued but it was not. Her next treatment was 942,
again she was given Linco and Dex. Again linco should have been
administered for the next two days 943 and 944, it was not. Her
next treatment was today 949 as instructed by Rod Kuehl she was
administered Linco 10cc. Her oldest recorded treatments are 854
Tylan; 879, 880, and 881 Linco."51 Clips GOPR0455, GOPR0476: The
witness states, "I checked on the sow with swollen hind legs
PID#934303. Her condition has not changed. There is puss coming
from an open wound on her right hind leg. She will not stand on
either of her hind legs even when I lift her back end entirely off
of the ground.52 GOPR0513: The sow remains in her gestation crate.
The LCA witness observes, "Sow PID#934303 with the swollen back
legs does not appear to be making any recovery progress."53 Clips
GOPR0634, GOPR0637 show sow PID 934303 on June 13th with swollen
hind legs, bloody open sores on her ankles, and a developing sore
on her backside. The sow sits on her back legs, dragging her
backside along the ground as she struggles to move. Clip MAH05671
shows the sow on June 22, unable to stand. The witness notes, "Sow
PID# 934303 AID# 92169 Swollen right ankle, with open wound on the
right side of her hoof. Open wound on left ankle. Open wound on hip
from dragging rear end on the floor. Treatment began (854)".54
50 Ex. C, LCA Witness Statement 05-25-15. 51 Ex. C, LCA Witness
Statement 05-28-15. 52 Ex. C, LCA Witness Statement 05-30-15. 53
Ex. C, LCA Witness Statement 06-04-15. 54 Ex. C, LCA Witness
Statement 06-22-15. 18 Clip MAH05723: The witness states, "Sow
PID#934303 continues to be unable to stand with swollen back legs
and open sores."55 Clips MAH05905, MAH05925, MAH05924: The witness
states, "Sow PID# 934303 AID# 72169Still down, swollen back legs,
both legs have open sores, purulenceright ankle. Sore on her rear
is getting worse."56 Clip MAH06081: The witness states, "Sow PID#
934303 AID# 72169 rear end sore caked with feces, swollen legs have
open wounds caked with feces, still unable to stand."57 Clips
MAH06166, MAH06161 show white puss oozing out of the sow's back
leg. The witness states, " Sow PID# 934303 AID# 72169 swollen legs,
Open wound on both swollen legs, open wound on rear from dragging.
Unable to stand."58 Clip MAH06345: The witness states, " Sow PID#
94303 AID# 72169 swollen legs, stands today, for the short period
of time before she goes down again she stands on the tips of her
hooves, scabbed over sore on her rear end has become a large
abscess, both rear hooves still have open wounds."59 Clip MAH06364:
The witness states, " Sow PID# 934303 AID# 72169 Swollen legs,
unable to stand, open wound on rear end from dragging herself."60
Clip MAH06404: The witness states, "Sow PID# 934303 AID# 72169
Swollen legs open wound on both rear hooves, drags herself instead
of walking, sore on rear end from dragging, has healed and
re-injured so many times it is a large mass now."61
Clip GOPR0026: shows the sow extremely emaciated. The witness
states, Sow PID# 934303 rear right leg is beginning to swell again,
sow is down and is getting thin, she looks much worse than she has
ever before. I try to get her up and she will not attempt to stand.
Before she was up on her front two legs dragging her rear around.
The sore on her rear end is healed over, though there is still a
large mass where the wound was.62
55 Ex. C, LCA Witness Statement 06-25-15. 56 Ex. C, LCA Witness
Statement 07-01-15. 57 Ex. C, LCA Witness Statement 07-06-15. 58
Ex. C, LCA Witness Statement 07-07-15. 59 Ex. C, LCA Witness
Statement 07-11-15. 60 Ex. C, LCA Witness Statement 07-12-15. 61
Ex. C, LCA Witness Statement 07-15-15 62 Ex. C, LCA Witness
Statement 07-22-15.19 Sow PID 402119: The following clips show sow
PID 402119 over the course of 10 days: Clip GOPR0518: The witness
states, "I found a sow in the North barn who has a very swollen
back leg. PID#402119 AID#62520. Her hind right leg is disfigured
and swollen but does not show any sign of bleeding or puss at this
time. She was kicked-out (KO) of farrowing on 918, seven days after
giving birth to 3 piglets. This was her fourth litter of piglets,
her other three were 12 piglets on day 287, 11 piglets on day 537,
and 15 piglets on 708. She was heeded-no-service on day 927. Her
first treatment was on 947 with Linco and Dex.Today is 956."63 Clip
MAH05521: The witness notes, "PID# 402119 Swollen hind right leg,
large scabbed over sore that has broken open and is emptying a
pinkish fluid."64 Clip GOPR0646: The witness notes, "PID# 402119
Swollen hind legs, large open wound showing seepage on right leg.
Open right shoulder wound."65 Clip GOPR0670 shows the sow on June
14, 2015 suffering from an infected swollen hind leg. The infected
area is seeping white puss. Barn manager Jeff Mosers failure to
properly treat and/or euthanize these sows in a timely manner
constitutes neglect, as well as cruelty by omission and neglect,
causing unnecessary and unjustifiable pain and suffering to the
sows in his care. Accordingly, Jeff Moser guilty of violating Minn.
Stat. 343.21, subdivs. 1 & 7. 3.Failure to treat or euthanize
sows with gaping pressure sores Various factors can lead to the
development of pressure sores, including prolonged lying periods on
hard floors as well as constant contact between the sows shoulder
and the bars of their gestation and/or farrowing crates. The sores
are caused by pressure that interrupts blood flow to the skin and
tissues covering the shoulder blade, resulting in tissue damage and
the formation of lesions.66 Pressure sores range from: small sores
in the top layer of skin (degree 1); sores in the top layer of the
skin, with crust formation and scar tissues (degree 2); sores in
the deeper layer of the skin and with crust formation and severe
scar tissue (degree 3); and deep sores into the muscles, sometimes
with visible shoulder bone (degree 4).67 According to industry
experts, [i]f a sow has a
63 Ex. C, LCA Witness Statement 06-04-15. 64 Ex. C, LCA Witness
Statement 06-12-15. 65 Ex. C, LCA Witness Statement 06-13-15. 66
Ex. I, BPEX, Shoulder Sores in Sows: Causes and Treatment, The Pig
Site (July 18, 2008),
www.thepigsite.com/articles/2345/shoulder-sores-in-sows-causes-and-treatment/.67
Id (emphasis added). 20 shoulder sore scale of 3 or 4 euthanasia
should be the only solution to prevent unnecessary pain and
suffering. A number of sows at Christensen Farms suffer from gaping
pressure sores on one or both of their shoulders. Proper treatment
of developing pressure sores requires daily application of a
topical disinfectant, wound dressings and in some cases providing
the sows with rubber mats to lie on.68 These simple treatments were
never provided to sows at Christensen Farms. Left untreated, the
pressure sores grew wider and deeper, becoming infected and
blackened due to high levels of ammonia in the barn. On the scale
described above, these sores have a score of 3 or 4.In one instance
a sow with a pressure sore was administered Acepromazine (Ace)
after farrowing. Ace is a tranquilizer that produces a widespread
muscular paralysis while the animal is fully conscious and still
sensible to pain. Unable to move because of the tranquilizer, the
piglets constantly chewed on a pressure sore until it grew into a
gaping wound several inches in diameter. No treatments were given
to the sow.Large gaping wounds from untreated pressure sores cause
severe pain and suffering. Failure to give these sows adequate
medical treatment when the sores first developed, and failure to
euthanize these sows in a timely manner once the sores developed
into gaping wounds constitutes neglect in violation of Minn. Stat.
343.21, subdiv. 1. These incidents also constitute cruelty by
omission and neglect which causes unnecessary and unjustifiable
pain and suffering to the sows in violation of Minn. Stat. 343.21,
subdiv. 7.Specific instances of sows with untreated gaping pressure
sores are as follows:Clip GOPR0055 shows sow PID# 934328 lying in a
pen. The sow appears emaciated. The sow stands, revealing the left
side of her body that is covered in deep pressure sores.Clip
GOPR0374: The LCA witness notes, "I asked Kayla Humphrey about
weaned sow ID# 402119, her right shoulder has a large gaping
bleeding hole. Kayla informed me that her piglets had chewed on her
shoulder and she was unable to move because they had administered
Acepromazine, which is a tranquilizer they use after delivery to
keep the sows from moving around to much and hurting the
piglets."69 Clip GOPR0339 shows sow PID# 925716 with a large
bleeding and infected pressure sore on her left shoulder.
68 Ex. J, Duane Reese, Barbara E. Straw & Jess M. Waddell,
Shoulder Ulcers in Sows, Paper 34 Nebraska Swine Reports 6, 8
(2005), available at
http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1033&context=coopext_swine
69 Ex. C, LCA Witness Statement 05-08-15. 21 Barn manager Jeff
Mosers failure to treat and/or euthanize these sows in a timely
manner constitutes neglect, as well as cruelty by omission and
neglect, causing unnecessary and unjustifiable pain and suffering
to the sows in his care. Accordingly, Jeff Moser guilty of
violating Minn. Stat. 343.21, subdivs. 1 & 7. 4.Neglect of sick
sows with retained piglets causing unnecessary pain and
sufferingAssisted birthing is common in pig breeding facilities,
especially with mature sows that have been re-bred multiple
times.70 Once a sow in farrowing difficulty is discovered, prompt
assistance must be provided.71 Failure to provide birthing
assistance to these sows frequently results in piglet retention,
which can lead to systemic illness and death. During LCA's survey,
the LCA witness only documented one instance where Christensen
Farms employees attempted to remove retained piglets from sows.
Common practice at Christensen Farms is to relocate sows with
retained piglets from farrowing to breeding, placing them in group
pens designated for sick sows. Given incomplete and ineffective
medical treatments, these sows remain in the group pens for
multiple weeks while their health deteriorates. Sows become too ill
to stand up and develop pressure sores from spending extended
periods of time lying on concrete floors. Unable to drink or eat on
their own, they commonly become emaciated and dehydrated and are
later found dead.Failure to treat obvious health problems is a
severe animal welfare issue caused by neglect that causes obvious
suffering.72 Farrowing difficulty that results in retained piglets
with obvious sign of systemic illness is a severe condition that
requires immediate euthanasia.73 Christensen Farms failure to
provide adequate medical treatment to sick sows with retained
piglets, as well as their failure to euthanize sows suffering from
systemic illness constitutes neglect in violation of Minn. Stat.
343.21, subdiv. 1. These incidents also constitute cruelty by
omission and neglect which causes unnecessary and unjustifiable
pain and suffering to the sows in violation of Minn. Stat. 343.21,
subdiv. 7.Specific instances where Christensen Farms has neglected
sick sows with retained piglets are as follows:
70 See Ex. D, Swine Care Handbook, supra note 12, at 6 ("Gentle
assistance may be required for sows having difficulty delivering
piglets."). 71 Ex. G, Code of Practice For the Care and Handling of
Pigs, supra note 32, at 27. 72 Ex. F, The Importance of Measurement
To Improve the Welfare of Livestock, Poultry and Fish, supra note
13, at Table 1.2. 73 Ex. K, Trish Holyoake, Kristy Richards &
Peter McKenzie, Australian Pig Veterinarians Sick and Injured Pig
Guidelines for Veterinarians, 13 (AVP Welfare Subcommittee,
2012),www.ava.com.au. 22 Clip GOPR0487: The LCA witness states, "I
checked the pens with the sows who had retained piglets. All 4 of
them were in poor condition. Signs that they had not moved in quite
a long time included, laying in a pool of urine while the
surrounding floor was dry, mostly unresponsive to touch (whereas
most sows would startle and stand up immediately), feeders
completely full before feed-lines have been run today."74
Clip MAH05483 shows a sow who is visibly underweight. The LCA
witness states, "The smallest sow still alive who had retained
piglets looks very bad, she is thin and dehydrated. It appears she
was not helped to her feet throughout the weekend.75 Sow PID
956978: The following clips show sow PID 956978 over the course of
14 days: Clip MAH05509 shows sow PID 956978 who is extremely thin.
Her hip and shoulder bones protrude and her vertebrate are very
visible. The witness states, "PID# 956978 AID# 23902 retained
piglets on 936, sick, very thin. Treated 935 and 936 missed third
treatment that should have been on 937"76 Clips MAH05674, MAH05671:
The witness states, "Sow PID# 956978 AID# 23902 Kicked-out of
farrowing on 936 two days after farrow due to retain very sick as
written on card. Treated 935, 936, 964, 965, 966. Today she is
extremely thin. Appears to be suffering greatly. Scabbed over
wounds on her right side: Face near eye, shoulder toward jaw line,
lower shoulder, center of upper thigh."77 Clip MAH05713: The
witness observes, "Sow PID# 956978 AID# 23902 written on card
retain very sick is extremely thin, same place she was when I saw
her yesterday. She does not look like she has ate or drank in a
very long time, it appears that it is hard for her to breath, or
possibly breathing is painful for her."78 Clip MAH05723 shows sow
PID 956978 who appears extremely dehydrated and emaciated. The
witness states, "I find Sow PID# 956978AID# 23902 laying in the
same spot as before, after examining her condition I try to help
her stand, she is very thin and very easy to lift, after helping
her stand she stays on her feet but sways and is uneasy, when she
makes it to the water nozzle she drinks and drinks. Tanner comes by
while I am looking at the sow and I ask him about her current
treatment regiment, though it is not written on her card he says he
treated her yesterday, he also says she will not eat, and scoops
out some feed from the pen's feeder to show me that she doesn't
eat."79
74 Ex. C, LCA Witness Statement 05-30-15. 75 Ex. C, LCA Witness
Statement 06-08-15. 76 Ex. C, LCA Witness Statement 06-12-15. 77
Ex. C, LCA Witness Statement 06-22-15. 78 Ex. C, LCA Witness
Statement 06-23-15. 79Ex. C, LCA Witness Statement 06-25-15. 23 Sow
PID# 925465: The following clips show sow PID 925465 over the
course of 11 days: Clips MAH05861, MAH05862 show sow PID# 925465
lying motionless in a group pen. The sow does not even respond to
the witnesses touch. The witness notes, "Rod says we will have to
shoot SowPID# 925465 AID# 92711 tomorrow. She farrowed on 919 and
has not been bred back since, she was a retain sow that has failed
to be treated for 3 consecutive days since [kicked out] of
farrowing. Rod decided today we would give her Linco and Ban. Rod
says if she doesn't look better tomorrow we will probably shoot
her."80 Clip MAH06162: The witness notes, "Sow PID# 925465 AID#
92711 scabbed over wounds on face and side, thin, weak.
Trembles/shivers when laying down.81 Clip MAH06189 shows the
emaciated sow with multiple pressure sores that are scabbed over.
The witness helps the sow to her feet and the sow hobbles on three
legs. The witness, who observed this incident, notes, "Sow PID#
925465 AID# 92711 K/O 919, thin, weak, scabbed over wounds on face
and body, difficult for her to stay standing."82 Sow PID
956265:Clip GOPR0671 shows an extremely sick and discolored sow
lying in a group pen. The sow is unresponsive to the presence of
the witness. The witness states, Sow PID# 956265 is more bruised
than I have ever seen anything before. Her ears are blue and purple
and these bruises cover almost 100%to her shoulders and around her
neck. She has sores on her front right leg, She is breathing very
hard, and is unresponsive except for slightly opening her eyes.
Sows rear end and stomach are also covered in these deep bruises
ranging in color from dark red to purple/black.83
Three days later, the witness, who observed the sow, states, Sow
PID# 956265 is very beaten up with dried blood on her face and
body, and heavy bruising and abrasions covering most of her skin.
Her card was not to be found today, I hand Jeff the card that was
in place above her pen that did not belong to her.84 Sow PID
401855: This sow was kicked out of farrowing on May 15, 2015 (936)
because she had retained piglets and was "very sick", as recorded
on her sow card. The following clips show the sow's health
deteriorate over the course of two months after she was kicked out
of farrowing:
80 Ex. C, LCA Witness Statement 06-28-15. 81 Ex. C, LCA Witness
Statement 07-07-15. 82 Ex. C, LCA Witness Statement 07-08-15. 83
Ex. C, LCA Witness Statement 06-14-15. 84 Ex. C, LCA Witness
Statement 06-17-15. 24 Clip MAH05789 shows an emaciated sow in a
group pen. According to her card, the sow is "very sick" and was
kicked out of farrowing on 936 because of retained piglets.Clips
MAH05788, MAH06088: the witness states, "Sow PID# 401855 AID# 64555
written on card 936 K/O retain very sick Sow is extremely thin,
less than 6 total width under spine and behind rib cage. Ribs are
individually visible."85 Clip MAH06267: the witness states "Sow
PID# 401855 AID# 64555 Written on card 936 K/O retain very sick,
Jeff stands next to me while I am looking at this sow, and gives me
the identity and location of a sow who needs to be treated, Jeff
speaks about this sow, who has been in this pen for 50+days now she
is up and eating but she isn't gaining any weight, she might
actually be loosing weight, she has not been treated for like a
month, she is eating but something in her is not letting her gain
weight, a parasite maybe?, I don't know Then he leaves."86 Clip
MAH06344 shows the emaciated sow in a group pen. The witness
performs some basic tests to measure the body condition of the sow.
The witness notes "Sow PID# 401855 AID# 64555 written on card
retain very sick 936 K/Oscabbed over sore on her rear left side,
very thin"87 Clip MAH06360 shows sow PID 401855 on July 12, 2015.
The sow looks extremely emaciated. Clip MAH06415: the witness
states, "Sow PID# 401855 AID# 64555 written on card retain very
sick 936 K/O Tanner and I talk about her but do not make any
decisions other than Tanner says we will not euthanize her. Tanner
also says he never sees her eat out of the feeder."88 Christensen
Farms barn manager, Jeff Mosers cognizance of the unacceptable
physical condition of sick sows with retained piglets and his
unwillingness to take appropriate actions is illustrated in the
following conversation.Clip MAH05862: The witness describes their
interaction with Jeff Moser, "Jeff and I stand in the breeding
hallway in the South barn just in front of the pens that hold the
sickest pigs, most of whom have recently retained piglets.I ask him
about the body-condition-score of the two thinnest sows in front of
us. He says that because they are still standing, and eating and
drinking and pissing that they are ok. He says the scores go 1.0,
1.1, 1.2 to 5. I say to Jeff so that sow ( and I point to
PID#xxxxx) she is down quite a ways, but not a 1 yet?Jeff replies I
mean, she is very close, but like I said, Chris(Hansen) was
85 Ex. C, LCA Witness Statement 07-06-15. 86 Ex. C, LCA Witness
Statement 07-10-15. 87 Ex. C, LCA Witness Statement 07-11-15. 88
Ex. C, LCA Witness Statement 07-15-15. 25 here yesterday, he seen
her and... then he shrugs with his hands, turning his palms
upward." 89
Jeff Moser's failure to provide adequate medical treatment to
sick, emaciated sows, as well as his failure to euthanize sows
showing no signs of improvement constitutes neglect in violation of
Minn. Stat. 343.21, subdiv. 1. These incidents also constitute
cruelty by omission and neglect which causes unnecessary and
unjustifiable pain and suffering to the sows in violation of Minn.
Stat. 343.21, subdiv. 7. 5.Neglect of sows with undiagnosed
conditions compromising welfare For the duration of LCAs survey of
Christensen Farms, the LCA witness documented three sows who
suffered for prolonged periods from undiagnosed conditions
compromising welfare. Failure to humanely euthanize, or provide
necessary care and appropriate medical treatments, prolonged the
unnecessary suffering of these sows. Managements failure to provide
adequate medical treatment in consultation with a veterinarian
and/or failure to promptly euthanize these sows constitute neglect
in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also
constitute cruelty by omission and neglect which causes unnecessary
and unjustifiable pain and suffering to the sows in violation of
Minn. Stat. 343.21, subdiv. 7. These specific incidents are
detailed below:Sow PID 731739: This sow was kicked out of farrowing
on July 7, 2015 (898) for an unreported reason. The sow appeared to
be extremely ill. No treatments were administered to the sow from
the time it was kicked out of farrowing to the day it died. As
outlined in the notes below, Jeff Moser was aware of the poor
condition of the sow and deliberately chose to do nothing about it.
Clip MAH06231 shows an unresponsive thin sow lying on the floor of
a group pen. To date the sow has no medical treatments recorded on
her ID card. The witness states, "Sow PID# 731739 AID# 41421 989
W/O thin, small, covered in abrasions, that are likely caused from
fighting with another sow, hoof or teeth marks. Pale."90
Clip MAH06261, MAH06260 shows the sow dead in the group pen. The
witness reports, "When I go out to the breeding barn, I find that
sow PID# 731739 AID# 41421...has died over the night, Jeff stands
next to me and we talk about this situation. Jeff begins the
conversation by telling me I am trying to get Rod to make these
types of decisions on his own, without sacrificing welfare
obviously,
89 Ex. C, LCA Witness Statement 07-02-15. 90 Ex. C, LCA Witness
Statement 07-08-15. 26 but, you know, seems like I have to make the
decision on which ones to take care of, ..inaudible
rambling...91
Sow PID 984169 has an undiagnosed leg mass that was improperly
treated with multiple doses of Lincomycin (an antibiotic commonly
used for the treatment of infectious forms of arthritis).92 On May
31, 2015, it was recommended that the sow be euthanized after
farrowing because the service manager, Chris Hansen would not like
to see a sow in such bad shape bred again. 93 Deciding to euthanize
a sow at a later date contradicts company policy, which requires a
pig be euthanized immediately after a decision has been made to
euthanize.94 After farrowing, the sow was never euthanized and,
instead, she was put back into breeding. The mass developed a puss
filled, open lesion, indicating signs of infection. The following
clips show sow PID 894169 over seven weeks:Clip GOPR0660: The
witness states, "PID# 984169 AID# 35210 Swollen hind thigh, written
on her card is Euthanize after farrow she farrowed on 953, today is
966, She is still in farrowing. This contradicts Jeff's previous
statement that when you decide to euthanize, you must euthanize
immediately. Kayla said euthanizing this sow was Jeff's call, and
he decided she would be euthanized in the future because Chris (our
service manager) would not like to see her."95 Clip MAH05676: The
witness states, "I catch Kayla in the hallway and ask about Sow
PID# 984169 with the large right-side thigh that appears
disjointed. The sow has had written on her card for quite some time
Euthanize after farrow Kayla says we are not going to euthanize
this sow anymore because we will make more money if we can get her
on a cull truck."96 Clip MAH05694 shows the sow with the
undiagnosed masses in her legs being moved from farrowing back into
breading on June 23, 2015. The sow appears to have difficulty
walking, moving slower than the healthy sows. Clip MAH05994: The
witness states, "Sow PID# 984169 ...has been moved to a pen 1B at
the North-East most corner of the North breeding barn. Her
91 Ex. C, LCA Witness Statement 07-10-15. 92 Lincomycin,
Drugs.com, www.drugs.com/pro/lincomycin.html (last accessed July
20, 2014). 93 Terina showed me a sow in farrowing that will be
euthanized after she gives birth in the next week or so. Her hind
right leg muscle is set very low. She looks peculiar and no one
could quite determine what the problem was. Kayla Humphrey later
told me that the sow will be euthanized after this delivery because
our Service Manager Chris Hansen would not like to see a sow in
such bad shape bred again. This sow PID# 984169 is currently a
pregnant gilt and was treated around a dozen times with linco,
which is the drug we use for leg and joint problems. Ex. C, LCA
Witness Statement 05-31-15. 94 Ex. C, LCA Witness Statement
06-08-15. 95 Ex. C, LCA Witness Statement 06-14-15. 96 Ex. C, LCA
Witness Statement 06-22-15. 27 condition has not improved with her
putting very little weight on her rear right leg that is very
disfigured."97 Clip MAH06198: The witness observes, "Sow PID#
984169 ... Farrowed on 953 sow now has an open wound on her
swollen/deformed leg, puss is oozing out of an open hole about 1/2
diameter, near the outward most point. The wound is caked with
feces and puss, when I apply pressure around the wound the inside
feels hollow and very hot."98 Clip MAH06408 shows sow PID 984169 on
July 15, 2015 lifting and lowering her foot, testing weight on
it.Sow PID 965673:Clips GOPR0292, GOPR0290 show an emaciated sow
lying in an isolation pen on April 24, 2015. The sow's midsection
is extremely sunken in, her hip and shoulder bones protrude and
each vertebrate on her spine is visible.Clip GOPR0331 shows an
emaciated sow lying in an isolation pen on April 27, 2015. The sow
shows no signs of improvement.Jeff Moser's failure to provide
adequate medical treatment to sick, injured, and emaciated sows, as
well as his failure to euthanize sows showing no signs of
improvement constitutes neglect in violation of Minn. Stat. 343.21,
subdiv. 1. These incidents also constitute cruelty by omission and
neglect which causes unnecessary and unjustifiable pain and
suffering to the sows in violation of Minn. Stat. 343.21, subdiv.
7.C.Animal Mistreatment by Deprivation at Christensen Farms LCAs
witness documented Christensen Farms most senior employee, Kayla
Humphrey, placing a sick, lactating sow in a hallway overnight with
no access to food or water.State law demands providing animals in
ones care with necessary food and water.99 It is standard practice
that post-farrowing sows be provided with free access to clean
water.100 Industry experts estimate that lactating sows require 5 7
gallons of water per day.101 It is also recommended to increase
feed intake after farrowing, feeding two or more times daily, and
increasing nutritional density.102 In the incident described below,
Kayla Humphrey failed to provide the sick, post-farrowing sow with
any food and
97 Ex. C, LCA Witness Statement 07-02-15. 98 Ex. C, LCA Witness
Statement 07-08-15. 99 Ex. A, Minn. Stat. 343.21, subdiv. 2.100 Ex.
D, Swine Care Handbook, supra note 12, at 11.See also Ex. G, Code
of Practice For the Care and Handling of Pigs, supra note 32, at
23. 101 Ex. L, Dr. Marcia Carlson Shannon, Dehydration: The Need
for Water (Pork Checkoff),
www.pork.org/youth-and-education/fact-sheets/ (last visited July
20, 2015). 102 Ex. G, Code of Practice For the Care and Handling of
Pigs, supra note 32, at 22. 28 water for a period exceeding 24
hours. Failure to provide adequate feed and water constitutes
animal mistreatment by deprivation, in violation of Minn. Stat.
343.21, subdiv. 2.This specific incident is detailed below:Clip
MAH05558: The witness, who observed this incident, states, "At some
point Kayla Humphrey put a sow in the hallway in front of
farrowing, she has no access to food or water in the hallway. Kayla
said she is fevering and is going to stay out here tonight.103 Clip
MAH05578: the witness noted, "The sow...that was left in the [ ]
farrowing hallway was moved to the med hallway between farrowing
and the north breeding barn this morning."104 Accordingly, Kayla
Humphrey is guilty of violating Minn. Stat. 343.21, subd. 2.
IV.CONCLUSION AND REQUEST FOR PROSECUTION None of the actions
detailed throughout this complaint constitute standard husbandry
practices and are all prosecutable by law.It is imperative that the
illegal activities that occur at Christensen Farms in Rock County,
Minnesota be investigated and prosecuted so that the deliberate
infliction of pain and suffering and further violations of the
states Cruelty to Animals Act are deterred. While the use of
animals for human consumption is widely accepted by society,
standard procedures are in place to ensure that the animals are not
subjected to senseless suffering. Pigs at Christensen Farms are
unlawfully neglected and experience unnecessary pain and suffering
as a result of actions by Christensen Farms management and
employees, in violation of Minnesota Cruelty to Animals Act. LCA
along with the citizens of Minnesota look to you to take a
leadership role in the obligation to protect against violation of
this statute and respectfully request that Rock County Sheriff
promptly investigate the incidents detailed in this complaint.I am
at your disposal to discuss this case. You can contact me directly
via telephone at (310) 745-7176 or by email at
[email protected]. Sincerely, Zeynep Graves, Esq. Last Chance
for Animals
103 Ex. C, LCA Witness Statement 06-13-15. 104 Ex. C, LCA
Witness Statement 06-14-15. Zeynep Graves