Suit by Oregon horse hopes to get negligent owner to pony up

ESTACADA, Ore. — Justice is an 8-year-old American quarter horse who used to be named Shadow. And when he was named Shadow, he suffered. At a veterinarian’s exam last year, he was 300 pounds underweight, his black coat lice-ridden, his skin scabbed and his genitals so frostbitten that they might still require amputation.

The horse had been left outside and underfed by his previous owner, who last summer pleaded guilty to criminal neglect. And now Justice, who today resides with other rescued equines on a quiet wooded farm within view of Oregon’s Cascade mountains, is suing his former owner for negligence. In a lawsuit filed in his new name in a county court, the horse seeks at least $100,000 for veterinary care, as well as damages “for pain and suffering.”

The complaint is the latest bid in a quixotic quest to get courts to recognize animals as plaintiffs, something supporters and critics alike say would be revolutionary. The few previous attempts — including a recent high-profile case over whether a monkey can own a copyright — have failed.

“There have been a lot of efforts to try to get animals not only to be protected but to have the right to go to court when their rights are violated,” said Matthew Liebman, director of litigation at the Animal Legal Defense Fund, which filed the suit in Justice’s name. Those “haven’t found the right key to the courthouse door. And we’re hopeful that this is the key.”

Justice, of course, has no idea he is suing. Sarah Hanneken, an Animal Legal Defense Fund attorney in Portland, says Justice’s ignorance of the lawsuit is irrelevant.

“This whole idea of somebody who has been injured by the acts of another and not being able to speak for themselves in court, so having an adult human do it for them, this is not new,” Hanneken said. “Children are allowed to bring lawsuits, because we recognize that children have interests that laws protect.”