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City of Springfield, pet owner settle cat euthanization lawsuit.


Byline: Bill Bishop The Register-Guard

A Springfield woman who sued the city for $640,000 after an animal control officer forged her name on documents that resulted in 14 of her cats being euthanized has settled her lawsuit for $2,750.

Pet owner Donna Esauk charged the city and its animal control officer at the time, Linda Marian Gallacher, with fraud, intentional infliction of emotional distress The examples and perspective in this article or section may not represent a worldwide view of the subject.
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 and constitutional rights violations.

Portland lawyer Geordie Duckler, who specializes in animal law, said the settlement highlights the common difficulty pet owners face in the legal system - proving the worth of their pets.

"It's been a big fight with every case I have and every defendant I face," Duckler said Monday.

But Esauk's case also had another big legal hurdle HURDLE, Eng. law. A species of sledge, used to draw traitors to execution.  - whether the city can be held legally responsible for the illegal acts of an employee, Duckler said.

The lawsuit bounced between state and federal courts for more than two years before it was settled over the weekend. It had been scheduled for trial today in Lane County Circuit Court. Lawyers for Springfield did not return a message requesting information about the case. Duckler estimated that the city's legal fees were at least $23,000.

Springfield Police Chief Jerry Smith Jerry Smith may refer to the following people:
  • Jerry Smith (NFL player) (1943-1986)
  • Jerry Smith (coach)
  • Jerry Smith (Secretary, ISO TC184-SC4)
  • Jerry Smith (University of Louisville Basketball Player)
  • Jerry Smith (bassist)
  • Jerry E.
, who supervises animal control activities, described the incident with Esauk as "a one-time aberration in services."

Gallacher resigned as animal control officer after the incident, pleaded guilty to theft and official misconduct official misconduct n. improper and/or illegal acts by a public official which violate his/her duty to follow the law and act on behalf of the public good. Often such conduct is under the guise or "color" of official authority. (See: official) , and was sentenced to 10 days in jail and probation probation, method by which the punishment of a convicted offender is conditionally suspended. The offender must remain in the community and under the supervision of a probation officer, who is usually a court-appointed official. , according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 court records.

The incident began in 2001, after neighbors complained to the city about unsanitary un·san·i·tar·y
adj.
Not sanitary.
 conditions caused by the number of cats Esauk kept in her N Street home. Gallacher found more than 40 cats in the house. Duckler said Esauk has an intense interest in helping distressed cats.

Esauk could not be reached for comment on Monday.
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Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Animals; The woman had accused the city of fraud after her name was forged on documents
Publication:The Register-Guard (Eugene, OR)
Date:Nov 2, 2004
Words:307
Previous Article:Unnerved by change, uncertainty.
Next Article:BRIEFLY.



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