Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 1 of 22 ( Edward Allan Buck, Pro se P.O. Box 711908 Salt Lake City, UT RECEIVED CLERK JUL 13 2012 IN THE UNITED STATES DISTRICT COURT U.S. DISTRICT COURT DISTRICT OF UTAH-- CENTRAL DIVISION EDWARD ALLAN BUCK Plaintiff v. AMERICAN QUARTER HORSE ASSOCIATION, Mr. Peter J. Cofrancesco III; Mr. Gene Graves; Don Treadway; Alex Ross; Ms. Johne Dobbs; Mr. Johnny Trotter; Mr. George Phillips; ten (10] John Does Defendants Complaint for Relief: Intentional tort; FILED IN practices, FraucCOURT, DISTRICT MisrepresentatiOn, ICT OF UTA!·/ Intentional Interference With JUL 17 Prospective Economic · 2012 BY JONes CL .... ___ . ·- ,, ., i:RK __ ,, I y Case: 2:12cv00693 Assigned To : Waddoups, Clark Assign. Date : 7/1.3/2012 Description: Buck v .. American Quarter Horse .Association et al Plaintiff, Edward Allan Buck, [Herein after referred to as the Plaintiff] alleges as follows: JURISDICTION 1. Jurisdiction is proper in this Court according to: Jurisdiction 28 USC 1337 2. Defendants are named in their individual and official capacities. 3. Defendant American Quarter Horse Association [AQHA] is a non-profit organization headquartered at 1600 Quarter Horse Drive, Amarillo, TX 79104 4. Following Defendants are or were officers of AQHA: Peter J. Cofrancesco- 519 Houses Corner Road- Sparta NJ 07871-3445 I Gene Phillips - 1711 S Stuhr Road -Grand Island NB 68801-8114 I Johne Dobbs- 1011 Hadley Drive- Champaign IL 61821-6616 I Johnny Trotter Sr.- 3409 FM 1058- Hereford TX 79054-7417 I George Phillips- 130 Daughtrey Holbrook Road- Sumral MS 39482-4827, Don Treadway, home address unknown. Ten unnamed John Does addresses unknown. www.ratemyhorsepro.com
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FILED IN D~ceptive trad~ - Horse Authority Complaint_RMHP.pdf · (A) a horse, pony, mule, donkey, or hinny (7) "Torture" includes any act that causes unjustifiable pain or suffering.
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Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 1 of 22(
Edward Allan Buck, Pro se P.O. Box 711908 Salt Lake City, UT
RECEIVED CLERK
JUL 13 2012 IN THE UNITED STATES DISTRICT COURT U.S. DISTRICT COURT DISTRICT OF UTAH-- CENTRAL DIVISION
EDWARD ALLAN BUCK Plaintiff
v.
AMERICAN QUARTER HORSE ASSOCIATION, Mr. Peter J. Cofrancesco III; Mr. Gene Graves; Don Treadway; Alex Ross; Ms. Johne Dobbs; Mr. Johnny Trotter; Mr. George Phillips; ten (10] John Does
Defendants
Complaint for Relief: Intentional tort; FILED IN UN!~ D~ceptive trad~ practices, FraucCOURT, D!~~tTATI?.S DISTRICT MisrepresentatiOn, ICT OF UTA!·/ Intentional Interference With JUL 1 7 Prospective Economic AdvaJD~IMARI( · 2012
BY JONes CL ....___ . ·- ,, ., i:RK o~u,...; __ ,,
I y ~~............___
Case: 2:12cv00693 Assigned To : Waddoups, Clark Assign. Date : 7/1.3/2012 Description: Buck v .. American Quarter Horse .Association et al
Plaintiff, Edward Allan Buck, [Herein after referred to as the Plaintiff] alleges as follows:
JURISDICTION
1. Jurisdiction is proper in this Court according to: Jurisdiction 28 USC 1337
2. Defendants are named in their individual and official capacities.
3. Defendant American Quarter Horse Association [AQHA] is a non-profit
organization headquartered at 1600 Quarter Horse Drive, Amarillo, TX 79104
4. Following Defendants are or were officers of AQHA: Peter J. Cofrancesco- 519
Houses Corner Road- Sparta NJ 07871-3445 I Gene Phillips - 1711 S Stuhr Road
-Grand Island NB 68801-8114 I Johne Dobbs- 1011 Hadley Drive- Champaign
IL 61821-6616 I Johnny Trotter Sr.- 3409 FM 1058- Hereford TX 79054-7417 I
George Phillips- 130 Daughtrey Holbrook Road- Sumral MS 39482-4827, Don
Treadway, home address unknown. Ten unnamed John Does addresses unknown.
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NATURE OF COMPLAINT
5. Plaintiff cannot participate in the acquisition of clients for the schooling of
Quarter Horses for competitions held under the auspice of the American Quarter
Horse Association [hereafter referenced as AQHA] because the Plaintiff will not
use the abuse techniques required, condoned and sanctioned by AQHA in the
schooling of horses for competition. Said abusive schooling techniques are
visually presented by the winning competitors in competitions held under the
auspice of AQHA. Said presentations violate the descriptive rules of how the
horse shall appear and how the gaits shall appear. Trainers/riders who do not use
such techniques and present horses as prescribed by the descriptions contained in
the rules and regulations of AQHA do not win and are not even placed.
6. AQHA is 'willfully, knowingly, and intentionally' and with gross negligence,
allowing the violations of the rules which cause direct and proximate abuse to the
horses, in order that a select few trainers/riders will earn national points by
winning and/or placing.
7. AQHA created, produced and made public, a video that teaches AQHA
membership to violate the stipulated descriptions contained in the rules regarding
how a horse shall appear and how the gaits shall appear.
8. AQHA has ignored the communications by the Plaintiff regarding the abuse of the
horse and 'willfully, knowingly and intentionally' and with gross negligence has
chosen to not allow the Plaintiff to participate in the newest Animal Welfare
Commission because the Plaintiff is not a member of AQHA. The newest Animal
[2)
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Welfare Commission is simply a reincarnation of the 2009 Commission which
AQHA created under pressure. That Commission accomplished nothing to
protect the horses from the abusive schooling and competing being done by
trainers/riders.
9. To date of this filing, the AQHA has not publicly nor in its membership
magazine, published any rule changes, punishments, stewards rule changes,
judges rule changes, protocols or any other documentation that clearly
demonstrates the complaints addressed by the Plaintiff starting in October of
2011.
10. In a letter dated October 27, 2011, the Plaintiff specifically addressed the issue
regarding deceptive trade practices when he wrote: "Such actions by the AQHA
do, as a material fact, constitute deceptive trade practices which mandate, through
'gross negligence', that competitors inflict abuse upon their horses in order to be
able to either win or place high in the standings."
11. In the letter dated October 27, 2001 the Plaintiff specifically clarified what, under
law, constitutes abuse of a horse by the following:
"There is a legal standard for the definition of abuse to the horse. In 2004, the
Washington State Supreme Coutt held in 118 Wn. App. 730, State v.
Zawistowski, that Webster's Third New International Dictionary 1621 (1969)
definition of "pain" as "a state of physical or mental lack of well-being or
physical or mental uneasiness that ranges from mild discomfort or dull distress to
acute often unbearable agony" clearly defines abuse of a horse.
[3]
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While the State of Texas Penal Code 42.09 Cruelty to Livestock Animals states:
(a) A person commits an offense if the person intentionally or knowingly
(1) tortures a livestock animal
(b) In this section
(5) "Livestock animal" means
(A) a horse, pony, mule, donkey, or hinny
(7) "Torture" includes any act that causes unjustifiable pain or suffering.
12. The Plaintiff contends that the preponderance of evidence will clearly demonstrate
the 'willful, intentional, knowing and malicious' and gross negligent actions by
the AQHA directly and proximately interfere with the Plaintiff's ability to earn a
living producing competitive Quarter Horses simply because the Plaintiff will not
use the abusive techniques required, condoned, sanctioned and taught by the
AQHA in order to win and/or place in competitions; which are in direct violations
of the rules and regulations set forth by the AQHA.
MATERIAL FACTS
13. These are just some of Y outube video links that demonstrate the abuse
upon Western Pleasure horses that is condoned, sanctioned and taught by the
American Quarter Horse Association.
http://youtu.be/DXz1 Clob Vpk
http://youtu.beN7ryGEljjzO Riechert Celebration warm up arena
http://youtu.be/ONzvxOGOyXo horses begin at 3:14 in the video
Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 5 of 22(
14. The material fact that the silence of communications that has come from AQHA
since the Plaintiff's first contact on October 10, 2011 is deafening and speaks
volumes as to the AQHA effort to conceal, keep and maintain the stipulated
abusive schooling and competition techniques as their condoned, sanctioned and
educated standard; in complete violation of the rules and regulations set forth by
AQHA, which constitutes gross negligence. ·
15. The material fact is that AQHA has, through gross negligence, failed to
implement rule changes, protections and protocols for the prevention of abuse to
the horses as so stipulated in the AQHA press release of January 16, 2009
regarding implementing recommendations of its Animal Welfare Assurance Task
Force.
16. The material fact is that Defendant Director of Judges Alex Ross states on the
video produced by AQHA how to school and ride the Western Pleasure horse
against the stipulated rules of AQHA.
17. The material fact is that Defendant Director of Judges Alex Ross stated to the
Plaintiff in a telephone call that Defendant Ross placed to the Plaintiff on October
10, 2011, that is was the fault of the horses for their way of going in the
competition arena. In other words, he felt that no blame should be made upon the
trainer and/or rider for the techniques that created the horse incapable of carrying
itself in its natural frame of carriage.
18. AQHA has stipulations within its rules and regulations regarding abuse of the
horse, as well as, how the horse shall appear in its way of going. AQHA has
[5]
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condoned, sanctioned and taught through the gross negligent scoring by judges
and gross negligent non-enforcement by stewards, that the stipulated rules and
regulations are not the standards to be met. Rather the winning/placing standards
have been manipulated in such a manner that the horses' health and welfare are
not a part of the schooling and competition, thus the horses are schooled and
ridden with abusive techniques .
19. POLICY STATEMENT
"THE WELFARE OF THE AMERICAN QUARTER HORSE"
AQHA is the world's largest breed registry and equine recreational organization,
with more than 5 million American Quarter Horses registered worldwide and
AQHA membership in excess of 300,000. AQHA international headquarters in
Amarillo, Texas, issues and maintains the pedigrees and registration records of all
American Quarter Horses, and oversees various programs and incentives -
including races, shows, recreational activities and supporting sponsorships- that
promote America's oldest distinct breed of horse.
AQHA provides beneficial services for its members that enhance and encourage
American Quarter Horse ownership and participation, and strives to generate
growth of AQHA membership via the marketing, promotion, advertising and
publicity of the American Quarter Horse. Furthermore, AQHA actively protects
the welfare and integrity of American Quarter Horses, as evidenced by the
following Statement of Position:
[6]
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AQHA STATEMENT OF POSITION
American Quarter Horse Association's mission is to record and preserve
pedigrees of American Quarter Horses, while maintaining the integrity of the
breed. Further, AQHA encourages American Quarter Horse ownership and
participation. AQHA actively protects the American Quarter Horse by
establishing and strictly enforcing rules that govern every AQHA-approved
event in order to reflect the natural ability of the animal. To that end, AQHA is
committed to the following beliefs:
• Every American Quarter Horse, all other horses and all animals, shall, !!!.!!!!
times, be treated humanely and with dignity, respect and compassion.
• Stringent rules established and enforced by AQHA demand that American
Quarter Horse breeders, owners, trainers and exhibitors are continually
responsible for the well-being and humane treatment of any American Quarter
Horse entrusted to their care.
• Above all, the American Quarter Horse's welfare is paramount to other
considerations, and the continual development o(procedures that ensure
humane treatment of the breed and of all other horses and all animals involved
with AQHA events,
AQHA Section I. General Rules & Regulations
104. VIOLATIONS.
(a) No person shall treat any horse in a cruel or inhumane manner. Cruel
or inhumane treatment shall include, but not be limited to, the prohibited conduct
[7]
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specified in the Show Rules and Regulations section of this Handbook. Cruelty to
horses other than American Quarter Horses is included in this prohibition as it
indicates a general course of dealing with horses that is unacceptable to AQHA.
For purposes of this rule, a person responsible for the care of a horse is also
responsible for and may be disciplined for the inhumane conduct of their agents,
representatives and employees. For violation of this rule, an AQHA member may
be disciplined, suspended, fined and/or expelled from AQHA, and a non-member
may be denied AQHA privileges.
20. 437.5 AQHA STEWARDS.
Designation as an AQHA Steward is a privilege, not a right, bestowed by the
Executive Committee according to procedures formulated by it, to individuals
whose equine expertise and personal character merit the honor. An
individual's conduct as an AQHA Steward must be exemplary and is subject to
continual Executive Committee review, with an automatic review after three (3)
years of becoming an AQHA Steward. Designation as an AQHA Steward is
revocable by the Executive Committee at any time with or without cause and with
or without notice and formal hearing. An AQHA Steward's responsibilities are as
follows:
(a) Monitor show grounds for inhumane treatment of horses and
unsportsmanlike conduct;
(b) Answer exhibitors' questions about rules;
(c) Assist show officials with proper set up of practice jumps and courses;
[8]
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(d) Investigate complaints of class filling;
(e) Evaluate potentially unsafe conditions related to the show, e.g. poor footing in
the warm-up area, and bring to attention of show management to correct;
(f) Issue warning or removal cards from show ground as warranted
according to AQHA rules and/or guidelines;
(g) Timely file an AQHA Steward's report and evaluation with AQHA; and
(h) Adhere to the AQHA Stewards Code of Ethics.
21. 438. JUDGES.
Designation as an AQHA-approved judge is a privilege, not a right, bestowed by
the Judges Committee according to procedures formulated by it, to individuals
whose equine expertise and personal character merit the honor. A judge
shall judge an AQHA approved event in accordance with all rules,
regulations, directives and guidelines issued by AOHA. A judge shall honestly,
fairly and impartially judge each horse exhibited to him or her, strictly on the
horse's conformation and/or its performance as the rules of the particular event
dictate. An individual's conduct as a member, exhibitor and judge must be
exemplary; is subject to continual Judges Committee review, with an automatic
review after (5) five years of becoming an AQHA judge; and such designation is
revocable by the Judges Committee with or without notice and formal hearing,
subject only to ultimate review by the Executive Committee, with or without
notice and formal hearing.
[9]
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22. 441. PROHIDITED CONDUCT
(c) Inhumane Treatment.
Inhumane treatment of any horse (whether registered with AQHA or not) or any
other animal on show grounds is strictly prohibited. Treatment of any horse will
be considered inhumane if a person, educated or experienced in accepted
equine training techniques, would perceive the conduct o(an individual to be
inhumane.
Inhumane treatment includes, but is not limited to:
(1) placing an object in a horse's mouth so as to cause undue discomfort or
distress;
(2) leaving a bit in a horse's mouth for extended periods of time so as to cause
undue discomfort or distress;
(3) tying a horse up or around in a stall in the manner as to cause undue
discomfort or distress;
(4) lounging or riding in a manner as to cause undue discomfort or distress;
(5) tieing or fastening any foreign object onto a horse, halter, bridle and/or
saddle in order to de-sensitize the horse;
(6) use of training techniques or methods such as poling or striking a horse's legs
with objects;
(7) excessive spurring or whipping;
(8) excessive jerking of reins;
(9) excessive fencing;
[10]
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(10) excessive spinning (defined as no more than eight (8) consecutive turns
in either direction);
(11) poling (altering an obstacle while the horse is negotiating the obstacle);
(12) schooling over ramped oxers in reverse order (i.e., from highest to lowest
instead of lowest to highest);
(13) schooling using rails higher than four (4) feet;
(14) use of prohibited equipment, including, but not limited to, saw tooth bits,
hock hobbles, tack collars or tack hackamores;
(15) use of any item or appliance that restricts movement or circulation of the tail;
(16) exhibiting a horse which appears to be sullen, dull, lethargic, emaciated,
drawn or overly tired; or
(17) Intentional or negligent treatment which results in any bleeding.
This prohibition against inhumane treatment applies to AQHA members and
non-members. AQHA members may be held responsible for the actions of their
trainers, agents, representatives and/or employees. For violation of this rule, an
individual may be disciplined, suspended, fined, denied AQHA privileges,
disqualified, expelled from show grounds and/or expelled from AQHA.
23. AQHA is affiliated with the United States Equestrian Federation and must adhere
to their rules and regulations.
SUBCHAPTER 8-F WELFARE OF THE HORSE.
GR839 Cruelty to and Abuse of a Horse.
1. Cruelty to or the abuse of a horse by any person at a Licensed Competition
[11]
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is forbidden, constitutes a violation under Chapter 7, and renders the offender
subject to penalty. The Show Committee must bar violators from further
participation for the remainder of the competition. It is the duty of the competition
officials and any properly constituted humane organization to report to the
Federation any person who indulges in this practice for such further action as may
be deemed appropriate.
4. The following acts are included under the words Cruelty and Abuse but are not
limited thereto; I. Inhumane treatment of a horse in a stall, runway, schooling
area, competition ring or elsewhere on the competition grounds, by any person.
24. AQHA is an affiliate with the Federation Equestre Internationale and must adhere
to their rules and regulations.
GENERAL REGULATIONS 23rd edition,
1 January 2009, updated 1 January 2010
CHAPTER VI- PROTECTION OF ATHLETES AND HORSES
Article 142 - Abuse of Horses
1. No person may abuse a Horse during an Event or at any other time. "Abuse"
means an action or omission which causes or is likely to cause pain or
unnecessary discomfort to a Horse, including without limitation any of the
following:
2. Any person witnessing an Abuse must report it in the form of a protest
(Article 163) without delay. If an Abuse is witnessed during or in direct
connection with an Event, it should be reported as a protest (Article 163) to an
[12]
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Official. If the Abuse is witnessed at any other time it should be reported as a
protest (Article 63) to the Secretary General for referral to the FEI Tribunal.
25. The Courts of the States and the District Courts of the United States do have
available to them a case law that does set a legal precedence for a description of
horse abuse. In 2004, the Washington State Supreme Court held in 119 Wn.
App. 730, State v. Zawistowski, that; "As "pain" is not defined by the statute, we
must give it its ordinary dictionary meaning. Webster's Third New International
Dictionary 1621 (1969) defines "pain," in pertinent part, as "a state of physical or
mental lack of well-being or physical or mental uneasiness that ranges from mild
discomfort or dull distress to acute often unbearable agony."
26. Dictionary definitions of the following:
Abuse
1. a corrupt practice or custom
2. improper or excessive use or treatment
Veterinary Abuse
1. misuse, maltreatment or excessive use.
Torture
1. a: anguish of body or mind : agony b: something that causes agony or
pain
2. the infliction of intense pain, to punish, coerce
27. AQHA rules and regulations clearly stipulate how the horses' body and gaits
should appear in certain classes. Examples are 453B Western Riding, 454B Trail
[13]
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and 465B Western Pleasure. These criteria are referenced by Defendant Alex
Ross in a 2010 article entitled "Western Pleasure Defined" and in which in parts
reads as follows: Showing Me The Way
"As part of AQHA's ongoing mission to improve the understanding of Western
Pleasure principles, the 2008 and 2009 AQHA Judges Conferences covered the
topic; the goal was for judges to know and reward positive characteristics once
exhibitors improved the presentation of their horses.
Training and education, for both judges and competitors, is needed to get
everyone on the same page when it comes to the standards, and visuals can be
invaluable for teaching what's correct.
In 2009, AQHA released an informational DVD called 'Showing to Win: Western
Pleasure,' that provided clear examples of what's expected; it's been used in
educational outreach for judges, and is available for purchase via their Web site.
{This is the video in which Defendant Alex Ross shows and states clear
methodologies that violate the rules and regulations and are abusive to the horse}
What effect, if any, has it had on behaviors? Ross thinks the DVD has served its
intended purpose.
"I feel the 'Showing to Win: Western Pleasure' DVD did a good job of educating
our judges and exhibitors. We're now seeing horses that maintain greater forward
motion at the walk, seldom demonstrating the 'interrupted walk' we saw for many
years. I think exhibitors now understand the judges will call the 'interrupted walk'
a break of gait," says Ross."
[14]
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28. Plaintiff claims that AQHA, the named Defendants, unnamed Defendant John
Does and unnamed judges and ring stewards, do not enforce the stipulated
requirements for the competitive Quarter Horse as defined above. It is a material
fact, through visual evidence, the horses under the auspice of AQHA trainers,
riders, judges and stewards; are, through gross negligence, violating the
descriptions contained in the rules and regulations. Such violations are, as a
material fact, imposing abusive schooling and riding techniques upon the
competitive Quarter Horse. Said techniques are mandated because the AQHA
ring stewards are allowing, through gross negligence, abusive schooling in the
warm up arenas and AQHA judges are allowing and rewarding the abusive riding
in the competition arena.
29. Plaintiff claims that the visual evidence will demonstrate that riders who present
the horses in the required stipulated descriptions and gaits "do not" win and are
rarely even placed in the top ten positions. This prevents the Plaintiff from the
possibility of earning a living by schooling competitive Quarter Horses that meet
the stipulated descriptions and gaits as issued by the AQHA.
30. Plaintiff claims that the AQHA violates its abuse rules through its failure to
incorporate rule changes that would allow hitless competitors in all open classes
and/or to compete against bitted competitors because of the declaration of special
classes such as snaffle bit and hackamore classes.
31. Plaintiff claims that AQHA consistently has allowed abuse of the horses through
the gross negligent 'misuse' of bits in the horses mouths. The visual evidence
[15]
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will demonstrate that AQHA, named and unnamed Defendants and AQHA agents
do routinely ignore rule 441. PROHffiiTED CONDUCT, (c) Inhumane Treatment
(1) placing an object in a horse's mouth so as to cause undue discomfort or
distress; (8) excessive jerking of reins.
CAUSE OF ACTION
32. The State of Texas provides for the legal protection of consumers through the
Business and Commerce Code, Title 2, Competition and Trade Practices,
Subchapter E, Deceptive Trade Practices and Consumer Protection Sec. 17 .41.
33. Sec. 17.45. DEFINITIONS.
(5) "Unconscionable action or course of action" means an act or practice
which, to a consumer's detriment, takes advantage of the lack of
knowledge, ability, experience, or capacity of the consumer to a grossly
unfair degree (9) "Knowingly" means actual awareness, at the time of the
act or practice complained of, of the falsity, deception, or unfairness of the
act or practice giving rise to the consumer's claim or, in an action brought
under Subdivision (2) of Subsection (a) of Section 17 .50, actual awareness
of the act, practice, condition, defect, or failure constituting the breach of
warranty, but actual awareness may be inferred where objective
manifestations indicate that a person acted with actual awareness.
(13) "Intentionally" means actual awareness of the falsity, deception, or
unfairness of the act or practice, or the condition, defect, or failure
constituting a breach of warranty giving rise to the consumer's claim,
[16]
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34.
coupled with the specific intent that the consumer act in detrimental
reliance on the falsity or deception or in detrimental ignorance of the
unfairness. Intention may be inferred from objective manifestations that
indicate that the person acted intentionally or from facts showing that a
defendant acted with flagrant disregard of prudent and fair business
practices to the extent that the defendant should be treated as having acted
intentionally.
Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False,
misleading, or deceptive acts or practices in the conduct of any trade or
commerce are hereby declared unlawful and are subject to action by the
consumer protection division under Sections 17.47, 17.58, 17.60, and
17.61 of this code (b) Except as provided in Subsection (d) of this section,
the term "false, misleading, or deceptive acts or practices" includes, but is
not limited to, the following acts: (2) causing confusion or
misunderstanding as to the source, sponsorship, approval, or certification
of goods or services
35. TEXAS CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 84. CHARITABLE IMMUNITY AND LIABILITY
Sec. 84.005. EMPLOYEE LIABILITY. Except as provided in Section 84.007 of
this Act, in any civil action brought against an employee of a nonhospital
charitable organization for damages based on an act or omission by the person in
the course and scope of the person's employment, the liability of the employee is
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[17]
limited to money damages in a maximum amount of $500,000 for each person and
$1,000,000 for each single occurrence of bodily injury or death and $100,000 for
each single occurrence for injury to or destruction of property.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
36. Sec. 84.006. ORGANIZATION LIABILITY. Except as provided in Section
84.007 of this Act, in any civil action brought against a nonhospital charitable
organization for damages based on an act or omission by the organization or its
employees or volunteers, the liability of the organization is limited to money
damages in a maximum amount of $500,000 for each person and $1,000,000 for
each single occurrence of bodily injury or death and $100,000 for each single
occurrence for injury to or destruction of property.
37. Sec. 84.007. APPLICABILITY. (a) This chapter does not apply to an act or
omission that is intentional, wilfully negligent, or done with conscious
indifference or reckless disregard for the safety of others.
38. Plaintiff claims that the preponderance of evidence will show that the named and
unnamed Defendants have taken improper actions and failed to take proper
actions under their fiduciary responsibilities, and have done so with intentional,
willful, gross negligent, conscious indifference and total disregard for the rules
and regulations of AQHA that are designed to protect the Quarter Horse from
abusive schooling and competitive riding techniques; designed to create a fair and
unbiased competition venue for owners, trainers and riders.
[18]
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39. The named and unnamed Defendants have and are committing an intentional tort
against the Plaintiff and thus directly and proximately committing intentional
interference with the Plaintiff's prospective economic ability to earn a living by
acquisition of clients for the schooling and competition of the Quarter Horse
under the stipulated rules and regulations of the AQHA.
CONCLUSION
40. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA have not and do not enforce the horse abuse
Rule.
41. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA have not and do not enforce the clearly
stipulated descriptions of how the horse shall appear in its body frame and in its
performance of gaits.
42. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA have absolutely no intention of creating and
implementing any substantive changes through the Animal Welfare Commission.
43. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA condone, sanction and teach, abusive schooling
and riding of the competitive Quarter Horse, through gross negligence; which
results in the abuse of the Quarter Horse under the rules and regulations of the
FBI, USEF, and the AQHA. And results in the inability of riders and horses who
meet the stipulated criteria of placing and or winning at the National level.
[19]
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Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 20 of 22
44. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA "willful, intentional, knowing and malicious"
conduct regarding the failure to communicate with the Plaintiff show the intent to
maintain the abusive techniques found in the schooling and riding of the
competitive Quarter .
45. The evidence will clearly demonstrate that the AQHA, named and unnamed
Defendants and agents of AQHA "willful, intentional, knowing and malicious"
conduct regarding the failure to communicate with the Plaintiff show the intent to
impede and prevent the Plaintiff from earning a living from the schooling and
competing of the Quarter Horse pursuant to the clearly defined and stipulated
rules and regulations set forth by AQHA.
46. What is appalling is that the conduct of the AQHA, named and unnamed
Defendants and agents for AQHA, is that such conduct can and does reach the
level of criminal conduct. The Plaintiff reminds this Court, that Texas abuse
statute Sec. 42.09. Cruelty to Livestock Animals does not create a civil cause of
action for damages or enforcement of this section. The Plaintiff, however,
believes that the seriousness of the acts of gross negligence on the part of the
AQHA, named and unnamed. Defendants and agents for the AQHA warrants the
Court being aware that the conduct of the named and unnamed Defendants, which
condones, sanctions, and teaches abusive schooling and competitive riding; which
prevents the Plaintiff from earning a living schooling and competing the Quarter
Horse according to the rules, can be clearly defined as criminal acts.
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Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 21 of 22
Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS. (a) A person commits an
offense if the person intentionally or knowingly:
(1) tortures a livestock animal;
(2) "Cruel manner" includes a manner that causes or permits unjustified or
unwarranted pain or suffering.
(5) "Livestock animal" means: (B) a horse, pony, mule, donkey, or hinny;
(7) "Torture" includes any act that causes unjustifiable pain or suffering.
PRAYER FOR RELIEF
47. Wherefore, the Defendants have 'willfully, intentionally, knowingly and
maliciously' chosen through gross negligence, to condone, sanction, and teach
abusive schooling and competitive riding techniques in violation of the AQHA
rules and:,
48. Whereas, the gross negligent actions and omissions by the Defendants have
committed deceptive trade practices, fraud and misrepresentation upon the
Plaintiff with regards to the 'willful, intentional, knowing and malicious'
violations of the rules in the competition arena which are the direct and proximate
cause of the infliction of abuse to competitive Quarter Horses,
49. Whereas, the actions and omissions by the Defendants have committed 'willful,
intentional, knowing and malicious' interference with the Plaintiff's prospective
economic ability to earn a living through the schooling and showing of the
competitive Quarter Horse in the manners defined and stipulated in the AQHA
rules and regulations,
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Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 22 of 22
50. Plaintiff hereby asks for actual damages in the amounts of $200,000.00 per
Defendant as individuals and $200,000.00 per Defendant as employees of the\
Defendant American Quarter Horse Association.
51.. Plaintiff hereby asks for punitive damages in the amounts of $200,000.00 per
Defendant as individuals and $200,000.00 per Defendant as employees of the
Defendant American Quarter Horse Association.
Dated this L'5 ;:PJ day of July, 2012 •
Edward Allan Buck, Prose
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Case 2:12-cv-00693-CW-PMW Document 3-1 Filed 07/17/12 Page 1 of 1JS 44 (Rev. 09/11) CIVIL COVER SHEET The JS 44 civil covernheet and the infomntion contained herein neither replace nor supplem:nt the filing and service of pleadngs or other papers as required by law, except as pllvided by Inca! rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of COurt for the purpose of mitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff (F'XCEPT IN U.S PLAINTIFF CASES)
FILED IN UNITE COURT, DIS
County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)
siliAlies DISTRICTNLAND COJ','DEMNNeN CASES. USE THE LOCATION OF
RICT OF UTAH THETRACI'OFLAN ~·'EO '-'C:fV, CLERK
(c) Attorneys (Firm Name, Address, Telephone Number, and Email Address) JUL 1£Ul'rfKnown) JUL f 3 2012 NES, CLERK
II. BASISOFJURISDICTION (P/acean"X"tnOneBaxU1!~v)---t'-!!;:::;:!~~~~DJ.L.l.U:..~INCIPALPA I e " 6J.Ui;;f70rPiamt!tl) and One Bax for Defondant)
Federal Question DEF PTF DEF L1 I U.S. Government Plaintiff (U.S. Government Not a Party) Citizen ofThis State Ll I Incorporated ar Principal Place 0 4 0 4
of Business In This Slate
Ll 4 Dive<sity Citizen of Another Slate 0 2 0 5 0 2 U.S. Government Defendant (Indicate Citizenship of Parties in Item lll)
Incorporated and Principal Place of Business In Another State
NATURE OF SUIT
L1 II 0 Insurance Ll 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument Ll 150 Recovery of Overpayment
& Enforcement of Ll !51 Medicare Act 0 !52 Recovery of Defimlted
Student Loans (Excl. Veterans)
Ll !53 Recovery of Overpayment ofVeteran's Benefits
CJ 160 Stockholders' Suits L1 190 Other Contract a 195 Contract Product Liability L1 196 Franchise
PERSONAL INJURY 0 310 Airplane Ll 315 Airplane Product
Liability Ll 320 Assault, Libel &
Slander 0 330 Federal Employers'
Liability L1 340 Marine
34 5 Marine Product Liability
350 Motor Vehicle 355 Motor Vehicle
Produd Liability Other Personal Injury
362 Personal Injwy •
Citizen or Subject of a Forei C
0 3 Ll 3 Foreign Nation 0 6 Ll 6
PERSONAL INJURY Ll 625 Drug Related Seizure Ll 422 Appeal28 USC !58 0 375 False Claims Act Ll 365 Personal Injury • ofPtoperty 21 USC 881 0 423 Withdrawal Ll 400 State Reapportionment
0 367 Health Carel ~~~w~EiWiwC:::j 0 430 Banks and Banking Pharmaceutical P-: Ll 450 Commerce Personal Injury 0 460 Deportation Product Liability 0 470 Racketeer Influenced and
CJ 368 Asbestos Personal Corrupt Organizations Injury Product 0 480 Consumer Credit
Liability h;::;;::::;~~L:;:::;::=t~~!!¥~~iiijl=~ 0 490 Cable/Sat TV PERSONAL PROPERTY Ll 850 Securities/Commodities/
L1 370 Other Fraud 0 862 Black Lung (923) Exchange 0 371 Troth in Lending 0 720 Labor/Mgmt Relations Ll 863 DIWCIDIWW (405(g)) 0 890 Other Statutury Actiorul 0 380 Other Personal 0 740 Railway Labor Act 0 864 SSID Title XVI 0 891 Agricultural Acts
Property Damage 751 Family and Medical Ll 865 RSI (405(g)) 0 893 Environmental Matters Ll 385 Property Damage Leave Act Ll 895 Freedom of Information
Product Liability 0 790 Other Labor Litigation Act
[;;::::=:;iEii;Bi;m!i!n==t:J~~~~fj:==:Rfiij~~!1ii!;ij!id o 791 Empl. Ret. Inc. l---==,.,.,,.,..,.,.,.,==::'!:'"--l o 896 Arbitration Security Act Ll 899 Administrative Procednre 0 210 Land Condemnation 510 Motions to Vacate Act/Review or Appeal of L1 220 Foreclosure Sentence Agency Decision 0 230 Rent Lease & Ejectment 0 240 Torts to Land
Habeas Corpus: a 950 Constitutionality of Ll 530 General State Statutes
0 24 5 Tort Product Liability Ll 290 All Other Real Property
Other 448 Education
:J 535 Death Penalty a 540 Mandamus & Other :J 550 Civil Rights L1 555 Prison Condition 0 560 Civil Detainee •