Federal judge refuses to hear suit

Caroline’s Kids cat shelter filed $5M lawsuit against Lake Humane Society

A $5 million federal lawsuit against the Lake Humane Society over the seizure of 161 cats from Caroline’s Kids Pet Rescue has been removed from the Cleveland court’s active docket.

Attorney Gregory Sasse filed the suit in February. Sasse also had asked U.S. District Judge Christopher A. Boyko for an injunction and restraining order to prevent criminal charges against Caroline’s Kids owners Tom and Judie Brown, plus two of their employees.

Boyko recently refused to hear the case because of the Younger Abstention Doctrine, named for Younger v. Harris, a 1971 federal case that barred judges from hearing civil rights tort claims brought by a defendant who is being prosecuted for a similar claim in state court.

“For all intents and purposes, the federal case is dead,” Lake Humane attorney Mary Jane Trapp said. “The appeal process will answer their complaints. The appeal in the federal case would address whether there was evidence to support their claims sufficient for an injunction to stop the prosecution, and whether the judge was right in deferring to the state of Ohio and its Humane laws.”

Sasse did not return an email seeking comment.

In his suit, Sasse argued the Humane Society operates an animal “death camp” for unadoptable pets to maximize profits.

Caroline’s Kids is a private Concord Township animal shelter that is devoted exclusively to abandoned, ill and dying cats.

On Nov. 28, the shelter was raided by Humane Society officials, who had received a complaint about the conditions of multiple cats.

Humane Society workers claimed more than 60

percent of the cats had untreated medical conditions, and many of these cats were not sequestered in quarantine areas.

After a four-day trial in Painesville Municipal Court, the Browns and two employees were each found guilty on 24 counts of misdemeanor animal cruelty.

Each received probation at their Sept. 7 sentencing

hearing and each defendant except for Judie Brown was ordered to pay $2,400 in court costs.

However, Visiting Judge David L. Fuhry has agreed to stay the defendants’ sentences pending the outcome of their upcoming appeal on the criminal convictions.

Meanwhile, Fuhry did impose new restrictions on the shelter, which is no longer

allowed to take in more than 105 cats at a time.

The facility is also now subject to random, unannounced inspections by veterinarians.

In addition, the Browns and workers Ellen Distler and Virginia Wolford-Lee are now officially banned from caring for any animal in an “inhumane, unsanitary or unlawful capacity.”