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W von Papineäu
at Mon Nov 3 09:40:27 2008 [ Email Message ] [ Show All Posts by W von Papineäu ]
BYU NEWSNET (Brigham Young University, Utah) 03 November 08 Cold-blooded murder? (Heather Whittle)
A Clearfield man whose 62 rubber boa snakes died in custody of state wildlife officers will contend before the Utah Supreme Court at BYU Wednesday that the government must pay for the state's negligence.
Ryan Hoyer is an amateur herpetologist-an interest in the study of snakes. In 2004, state wildlife officials used a search and seizure warrant to raid Hoyer's home. Officials took possession of 65 Charina Bottae, or rubber boas. He contends most of the snakes died because the state Division of Wildlife Resources failed to provide proper care.
The five-Justice Supreme Court will hear arguments about negligence and the snakes Wednesday at 11 a.m. in the Moot Courtroom of the J. Reuben Clark Law School. The hearing is open to students, faculty and the public.
"Why are there only three [snakes] that survived and can the state be held liable for that?" Hoyer asked in a telephone interview.
Some of Hoyer's earliest memories are of assisting his father with his studies of rubber boas.
"I can remember heading out into the field with my dad and looking for snakes - finding them, taking measurements and identifying them," Hoyer said.
In 2003 Hoyer and his father began earnest work on a project to determine if they had discovered a dwarf form of rubber boa in Southern California, studying many of the snakes at Hoyer's home.
The snakes were seized as a part of the DWR's "Operation Slither," designed to target the illegal possession and commercial trade of reptiles.
In the end, Hoyer was implicated in possessing 27 snakes imported into Utah without an agriculture permit.
By the time the Hoyers were allowed to inspect the seized snakes, over two years later, only eight snakes were still alive.
During this time, Hoyer's father made numerous attempts to provide professional care for the snakes at no cost to the state, but each request was declined by the DWR.
Last August, Ryan Hoyer was allowed to take back the final three surviving snakes.
State law mandates that if an employee causes injury while on the job, they do not have immunity and are liable.
However, Utah Code makes an exception if the injury "arises out of...prosecution of any judicial proceeding, even if malicious."
In this case, the DWR is arguing that the harm arose out of the search warrant, which qualifies as a judicial proceeding, and so they are immune from responsibility.
The plaintiffs allege that the injuries arose out of the DWR's negligence and that they should be held liable for the snakes' deaths.
The plaintiff's argument summary asserts that the DWR's stance would free the state from any responsibility to care for seized property. Private citizens would have to simply trust the state to safeguard their property.
Cold-blooded murder?
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 UT Press: Cold-blooded murder? - W von Papineäu, Mon Nov 3 09:40:27 2008
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