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Word v. Gilford et al

Doc. 6

Case 5:07-cv-00009-TBR

Document 6

Filed 01/25/2007

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH CIVIL ACTION NO. 5:07-CV-9-R

MARY CATHERINE WOLFE WORD v. FREIDA GILFORD, Director of Christian County Animal Shelter et al. MEMORANDUM OPINION

PLAINTIFF

DEFENDANTS

The plaintiff, Mary Catherine Wolfe Word, has filed a civil action against Freida Gilford, Director of the Christian County Animal Shelter, the Commonwealth of Kentucky, Christian County Attorney Mike Foster, Assistant Christian County Attorney Duncan Cavanah, Christian County Judge Executive Steve Tribble, and Christian County Kentucky. Plaintiff has also filed a motion for emergency relief. For the reasons explained below, the Court must dismiss Plaintiff's complaint and deny the motion for emergency relief. I. SUMMARY OF CLAIMS Plaintiff's ordeal began on or about June 1, 2006, when Plaintiff and her mother took 12 cats, 4 dogs, a rabbit, and a guinea pig to the Christian County Animal Shelter because they had been evicted from their home. According to Plaintiff, Defendant Gilford had offered to care for the animals for a few days while Plaintiff and her mother searched for a new place to live. Afterwards, Plaintiff claims that Defendant Gilford filed animal abuse charges against her and refused to return the animals. Plaintiff was tried and convicted of the animal abuse charges by a jury in Christian County district court. She was sentenced to term of two years probation and ordered to make full payment of a $10,254.00 fine by January 12, 2007. Plaintiff now claims that her conviction was wrongful for a variety of reasons (she was

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Case 5:07-cv-00009-TBR

Document 6

Filed 01/25/2007

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not the legal owner of the animals, that she never has nor would she ever abuse any animal, that certain witnesses committed perjury, etc.) and that her sentence is excessive under the circumstances. Plaintiff concludes that she is "appealing" to this Court because her constitutional rights have been violated. She asks this Court to overturn her conviction, return the animals to her, award her three million dollars in damages from each Defendant, and "cancel" her fine so that she does not have to pay it. In her emergency motion, Plaintiff asks the Court to relieve of her obligation to pay a $1000 bond. Plaintiff states that she cannot afford the bond and that she will go to jail if she does not pay it. Plaintiff explains that she cannot go to jail because she must care for her mother and because based on the female inmates she has observed in court she fears for her safety if incarcerated. II. ANALYSIS Plaintiff filled out a general complaint form to commence this action. In the section entitled "ground for filing this suit," plaintiff states "wrongful prosecution, cruel and unusual punishment, harassment, discrimination against a disabled person, and physical and emotional pain and suffering." Although it is not entirely clear, Plaintiff appears to be seeking relief under both 28 U.S.C.

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