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

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.

www.ratemyhorsepro.com

Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 2 of 22/ I

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)


Case 2:12-cv-00693-CW-PMW Document 3 Filed 07/17/12 Page 3 of 22

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]



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

http://www.horsechannel.com/western-horse-training/western-perception-

2660l.aspx article on the bad judging [4]



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]



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]



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]



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]



(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]



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]



(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]



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]



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]



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]



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]



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]



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



[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]



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.


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.


Defendants and agents of AQHA have absolutely no intention of creating and

implementing any substantive changes through the Animal Welfare Commission.


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]




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 .


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.

[20]



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,

[21]



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


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.)

I. (a) PLAINTIFFS

; t:J.t/1/l ;J /Jtc 4 N EPC;<-.. //l!JVr s~:: ......r:l .,.f

(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

Product Liability 0 690 Other 28 USC 15 7 Ll 410 Antitrust

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 •

Conditions of Confinement

463 Habeas Corpns • Alien Detainee (Prisoner Petition)

L1 465 Other Immigration Actions

V. ORIGIN

r.l Original Proceeding

(Place an 'X" in One Bo::< Only) . Transferred from 0 2 Removed from 0 3 Remanded from 0 4 Remstated or 0 5 another district 0 6 Multidistrict

State Court Appellate Court Reopened 8 ci Litigation

Cite the U.S. Civil Statute underwbich you are ftling (lNHWtcitejurisdlctimlalSlllllltesunlessdlversity):

VII. REQUESTED IN COMPLAINT:

VIII. RELATED CASE(S) IF ANY

FOR Ori'l:CEUsEONLY

RECEIPT# AMOUNT

(See instnJclions):

CJ Yes

JUDGE DOCKET NUMBER

SI~

APPLYING IFP Case: 2:12cv00693 Assigned To : Waddoups, Clark Assign. Date : 7/13/2012 Description: Buck '1. American Quarter Horse Association et al

ONo


Documents

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