ESTACADA, Ore. – A judge has ruled that an Oregon horse cannot sue his abuser.
A lawsuit filed on behalf of an Oregon horse named "Justice" gained national attention as a case that could have set new legal precedent for animals. The lawsuit argued that Justice had the right to sue his former owner for neglect.
Judge John S. Knowles issued a written decision on Monday, Sept. 17, dismissing the case "based on a lack of standing for Justice the horse."
Eight-year-old ‘Justice’ was living in Estacada when he was rescued in March 2017. According to the lawsuit, Justice was neglected, subjected to pain and suffering, and endured frostbite, lice, and rain rot.
Photos of Justice in Estacada show a drastically emaciated horse.
He was surrendered by his owner, Gwendolyn Vercher, and transported to the nonprofit horse rescue Sound Equine Options in Gresham. Vercher agreed to pay some restitution for the horse’s care up until July 2017.
In May, a lawsuit was filed on behalf of Justice, seeking damages from Vercher for his ongoing care. The suit alleged the horse sustained permanent injuries that will require specialized medical attention for the rest of his life.
The lawsuit also argued that animals should have the right to sue.
“If successful, this groundbreaking lawsuit would be the first to establish that animals have a legal right to sue their abusers in court,” said Natalia Lima, spokesperson for the Animal Legal Defense Fund, which filed the suit on behalf of Justice.
But Judge Knowles said Justice "lacks the legal status or qualifications" necessary to file a lawsuit.
"Such a finding would likely lead to a flood of lawsuits whereby non-human animals could assert claims we now reserve just for humans and human creations such as businesses and other entities," he wrote.
Judge Knowles said the Animal Legal Defense Fund was not required to pay the defendant's attorney fees, because Justice was neglected.
"Counsel for plaintiff has been quite creative in an attempt to surmount this hurdle, and although unsuccessful at the trial court level, this court is not going to punish the plaintiff by imposing an award of attorney fees for pushing the envelope. That would not be justice," Knowles wrote.
The lawsuit gained national attention. The Washington Post published an article, asking: ‘Can a neglected animal sue?’
Oregon law states that animals can be considered individual victims in criminal cruelty cases, but the law does not state that animals can sue.
Other lawsuits have been filed on behalf of animals, but none has succeeded. In April 2018, PETA lost a case alleging a monkey who took a photo of itself owned the copyright. PETA argued on behalf of the monkey.
Although Justice didn't win his lawsuit, he has already experienced a dramatic rehabilitation. Recent photos show show a healthier horse with a shiny coat, posing with several other rescue horses on a sprawling farm outside of Portland.