At stake: David and his father run a successful stable and are respected figures in the Tennessee Walking Horse industry. Recently, USDA inspectors levied allegations against David that he entered into horse shows, Walking Horses that were mistreated, which he vehemently denies.
But David isn’t being prosecuted in an actual court. Instead, his case will be heard in the USDA’s in-house tribunal, where USDA employees can impose significant fines and even ban David from participating in the Walking Horse industry.
The Constitution protects the right to a fair trial before an impartial judge and jury—but the USDA’s sham administrative hearing tramples David’s constitutional rights. Now, he’s fighting back with a federal lawsuit to clear his name and save his family business—and we’re proud to stand with him.
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David’s case is one of many we’re now litigating over abuse of power. Last week, we also joined EFG America—an Arizona-based rubber recycling company—in challenging the Arizona Corporation Commission’s denial of a jury trial.
At stake: When the Arizona Corporation Commission—the Grand Canyon State’s securities regulators—filed a complaint claiming EFG sold securities without proper registration, EFG founder Douglas Fimrite asked the Commission to transfer his case to an actual court where his trial would be decided by a jury.
But the Commission’s administrative law judge presiding over the case refused—effectively stripping Douglas of his rights under both the U.S. and Arizona Constitutions.
Now, we’ve joined EFG and its co-counsel in filing a petition with the Arizona Supreme Court to restore Douglas’ rights and the rights of all Americans who find themselves in similar situations facing unaccountable agencies in sham tribunals.
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If you know someone who has been the target of unconstitutional agency enforcement and might be interested in PLF’s representation, please encourage them to submit their case for review. As a reminder, all PLF clients are represented 100% free of charge.
Stay tuned for more updates on David’s and Douglas’ cases and our broader effort to End Agency Adjudication once and for all.
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