LAWRENCE COUNTY Rabbit owner alleges rights were violated

The man contends he was charged after he refused to turn over his rabbits.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- A man who successfully fought a $50 citation on a cruelty-to-animals charge has sued the Lawrence County Humane Society and its humane officer, Cindy Mittica, in federal court.
Brian Simpson of Edinburg Road contends that Mittica, acting as an agent of the humane society, violated his First, Fourth and 14th Amendment rights under the U.S. Constitution.
Simpson was cited by Mittica on or about Sept. 12, 2001, for four cruelty-to-animal charges, the lawsuit says. Three charges were dismissed in December 2001 by District Justice J.V. Lamb. He upheld the last charge, but it was overturned last month by the Pennsylvania Superior Court.
Simpson filed his civil lawsuit against Mittica and the humane society in federal court in Pittsburgh on Oct. 6.
"Brian Simpson will testify that on two occasions, Cindy Mittica came to his home and told him there was nothing she could cite him for, and she turned around and cited him," said Simpson's attorney, William Cohen of New Castle.
Simpson contends the cruelty-to-animal charges were filed by Mittica in retaliation against him for refusing to comply with her demands to turn over a number of rabbits he owned.
Response
David Henderson, the solicitor for the Lawrence County Humane Society, said the society has referred the lawsuit to its insurance carrier.
"In our opinion, the case has no merit," he said. Mittica could not be reached.
The lawsuit contends that Simpson "subject to retaliatory arrest and prosecution, has been deprived of his rights under the First and 14th Amendments to the U.S. Constitution."
Cohen said those rights include free speech and the right to pursue life, liberty and happiness.
"The conduct of defendant Mittica was at all times pertinent to this complaint vindictive, oppressive, malicious, wanton, willful and reckless, all in knowing disregard of plaintiff's rights under the Fourth Amendment of the U.S. Constitution," the lawsuit states.
Cohen said the Fourth Amendment, which refers to unlawful searches and seizures, also applies to arrest.
The suit contends there was improper arrest and prosecution, as well as retaliatory action, false arrest and malicious prosecution.
Simpson is asking for an unspecified amount of compensatory and punitive damages, as well as attorney fees.
cioffi@vindy.com