Man makes a federal case out of his beloved parrot's death

Thomas Goodrich charges in a lawsuit that he was never allowed to make his one phone call after being arrested, causing his expensive and beloved blue and gold macaw to starve to death. Experts say that despite the constant references in police dramas, there is no "right" to a phone call. Still, Goodrich is asking for a total of $500,000. (Delaware Online)

Comments

[SomeGuyInKC]

I'm generally anti-criminal and anti-lawsuit, but I have to side with the plaintiff in this case.

[stopeatingmysesamecake]

I don't know - my initial reaction is let him use the fn phone. What is he going to organize a prison break?

[Kelly]

That's aweful that the guy's parrot of 20 years died over something so stupid.

What I'm wondering about is how this guy was incarcerated for so long without managing to make any friends in jail who might have helped him. What, noone would let him use their pin for a collect call and he couldn't get a stamp from anyone?? There has to be some decent people in jail (or guards) who would have helped if he wasn't a total jerk. I have to assume this particular guy wasn't well liked by anyone; inmates or guards.

I'm also guessing that the parrot was an afterthought and a good reason to sue. There's 2 sides to every story and I just have such a hard time believing that noone would help someone who genuinely was concerned about their starving animals.

By the way, I'm so concerned about my animals that I have a card pinned to the visor in my car that should anything happen to me, I have animals at home that will need help.

[RockyMtnMac]

There is no "right" to a phone call.
Fine...
We do have a right to a speedy trial and a court appointed attorney.
I think if my animals lives were on the line, I may want to lawyer up.
They said it could take up to 8 days to get a new PIN, but if you ask for an attorney ASAP, they are in pretty hot water if they don't cooperate. Couldn't he have asked an attorney to make the call for him?

[Kasumi]

Thats pretty scary. If he couldn't get someone to care for his pet, what if someone was a single parent, or caring for an elderly person who couldn't fend for themselves?
If the police didn't listen, that sort of thing could result in a dead human.

[G-Man]

That does suck. I always thought people had a right to a phone call. I'm still a little confused if the guy ever got to talk to a lawyer either.

[Lambiepie]

how are these people "processing" the paperwork? with pencils? eight days to get a new PIN for phoning? this sounds like a system that is broken that no one is working to fix
he should have reported himself missing and gotten the cops involved

[Soo]

I thought that the police could hold a person for up to 48 hours without giving them access to an attorney. It's just that once you lawyer up, they can't ask any more questions without the lawyer.

Then again, I may watch too much Law&Order. Anyone?

Wow, maybe if this Moron didn't break the law, his Parrot would still be alive today. Funny, but no one thinks of this...

What a society of irresponsible people we have become.

Oh well, tough lesson to learn. If other's lives depend upon you, then don't put yourself in this predicament to begin with. Thoughtless, selfish Moron! He killed his bird when he chose to break the law.

What a bunch of pu$$ies we raise.

[lester]

anon, he was arrested, not convicted. big difference. seems to me that keeping him in jail for 12 days for a $200 bail is pretty lame. also denying him the ability to communicate with the outside world--something granted to all other inmates in that jail--constitutes a violation of his civil rights. so if his case merits it, give him the money.

as for me, i'd be raising hell if they did that to me. might end up in his position too.

[Kelly]

Anon - the guy was pulled over for an expired registration and it turns out he had an outstanding warrant. It's not like he was creating mayhem or anything like that. We don't know what the warrant was for and everyone around here seems to forget that people are innocent until proven guilty... Yes, believe it or not, innocent people get arrested in America.

[NitroPress]

This is a truly disturbing case. Guantanamo Bay aside, we don't snatch people off the street and hold them incommunicado for ten days in this country. So it was a parrot... and hey, I don't even like birds. But what about a dog, a child, an elderly bedridden parent? What about employers, who might not be thrilled to have their employee busted but would prefer to know and not just have him fail to show for work? While you can argue that no one who is arrested for a valid reason should be "coddled," I don't think that an arrest on noncriminal grounds should prevent the perp from a phone call to some party who can take care of his obligations outside jail. I think the guy is entitled to compensation here.

[Ken]

I can't help myself - "It is an ex-parrot"....

Sorry.

[buddy]

"I just have such a hard time believing that noone would help someone who genuinely was concerned about their starving animals. " --There are a lot of mean people out there. Most of them either end up in prison or running one.

[Hey!]

Parrot aside, holding someone incommunicado for 12 days on a misdemanor is bull. Maybe some good will come of this with this case going to the Supreme Court with some sort of Miranda type ruling to settle the "phone call" issue once and for all.

[Nauip]

Mr. Anonymous Coward - It was an outstanding warrant for a misdemeanor. Which he could be innocent (as previously mentioned) of or it could be that a parking ticket got overlooked or maybe a ticket for littering that was mailed to an incorrect address. (believe it or not you can be cited for litter in your alley and they civil servant can write down the wrong address).

Despite his situation the story seems to imply his biggest concern was for his pets and that should give the man some credit. The police and the jail officials in this story should be cited for animal cruelty.

If only stupidity was a crime, we could fix the national debt. They say he needed a PIN to make a call, I assume this is to track his call. They could have sat his ass at a desk, dialed the number for him and listened and wrote down the phone number and details of the call. Or they could have called in his lawyer for him, I assume that a person having almost 5k in pets probably has one.

[fermata]

Freddy's dead
That's what I said

[Patt]

I own 5 Blue & Golds so I really feel for him... however did he not have family, friends, or neighbors that KNEW he was in jail and would go without being asked to take care of the bird?  Mine would.

[The Asshole Guy]

I love birds and it sucks that this one died but there seems a lot of the story is missing. He had every legal right to an attorney. Are they so backed up with other pending cases one could not have been appointed to him?

Are they that backed up that he had to wait 12 days to see a judge? Even if you cannot post bail you normally see a judge within a few days.

Something sounds very broken with their system and I'm normally for the man but in this case he might have a very legit reason to sue.

To me it is not so much about his bird dying or him even being arrested on an outstanding warrant. It seems once he was arrested the system broke down in a major way but on the other side if he is full of chit and just trying to make a buck then it's his fault the bird died.

Looking forward to a follow up on this one.

[WZ]

"I just have such a hard time believing that noone would help someone who genuinely was concerned about their starving animals. "
My ex was in jail once for a speeding ticket snafu that languished in obscurity for years, then popped up out of nowhere.
He was in jail for three days until it was cleared up, and his jailers were remarkably unsympathetic to the fact he's disabled and on a world of meds, without which he could die.
The one person I talked to, to try and get someone to at least call his dr and get his meds coordinated, told me that if he had to go without his meds for a few days, maybe he deserved it.
She stopped talking to me when I told her - coldly by that point - that he didn't deserve to die over a traffic ticket.
He got his meds on the third day - almost on his way out, which ended up taking some recovering, but he was all right. They didn't care if a human being died, why would they care if a potential parrot (that they didn't even have proof existed) died?

[zombie00x]

Yeah, it sucks that it was a long time pet like that, but like stated in the article... what if it was a child or another person that couldn't take care of themselves? This could have, and likely will one day, kill someone for no reason except that people don't care about their fellow man... but that's right, he had expired tags, throw him to the tigers in the arena.

[lokidogg1]

Sorry his pet chicken died, but sue over it.

Ahh, Romenesko journalism. A man held in a prison for 12 days without being allowed to contact anyone is a joke story, because, I dunno, criminals deserve it or something. American journalism: not only dumb but in the pocket of the police as well.

[Dick Tater]

One less bird in the world. Boo frackin' hoo. People who own pets are emotional cripples incapable of tolerating their own company. Is there anything more pathetic than hearing an adult make "baby talk" to an animal? If you don't want your parrot to starve, don't break the law and go to jail.

[lynn]

I am sorry his parrot died as I would if a dog or cat. Or heaven forbid his parents.

Some one knew he was in jail, didn't they?? A co-worker or loved one??

Scary to think it can happen. But to sue over the bird is stupid. Take action if they withheld due process.

Now I must confess--I was going through the whole dead parrot sketch in my head.

this parrot is no more--he is only shy.....LOL

[chad]

Police and courts have no heart,they could care less about protecting the public.They don't care about who's guilty,all they care about is POWER they have over the public. THERE IS NO REASON FOR THIS TO HAPPEN.I know from others how cruel police have become and it will get worse if you keep thinking of themas America's finest.More farm children die each year helping out on the farm then police do in the line of duty.(most are car accidents).THEY DESTROY MORE LIVES THEN CRIMINALS DO IN THIS SOCIETY.AND DON'T CARE.THAT IS THE SCARY PART.

[kestrelmas]

/ignore Taster

I work at a parrot rescue. Birds have come in starved, and they are truly a pathetic sight. That these "upholders of the law" would let one of those beautiful, intelligent, amazing, INNOCENT animals starve to death is beyond cruel. Those people should volunteer in a parrot rescue for a week. Scrubbing cages and working with large parrots.

They really have the intelligence capability of a five year old. Having a macaw play "catch" with you, because she enjoys it, after being abused by humans is a wonder in and of itself.

God I hate people.

[kestrelmas]

http://www.secondchancebirdrescue.com/

In case you're interested.

[cherie]

Ok, so they arrest him, he has $200.oo bail...and they wont let him use the phone??? What if he wanted to arrange bail?

I suppose this is a good lesson to those of us that live alone and have pets. Make sure someone knows that if we're out of communication for more than a couple days to go check on our pets.

Those birds can live as long as humans. What a sad and painful death it must've had.

[Me]

Mr. Praline: 'Ello, I wish to register a complaint.

(The owner does not respond.)

Mr. Praline: 'Ello, Miss?

Owner: What do you mean "miss"?

Mr. Praline: I'm sorry, I have a cold. I wish to make a complaint!

Owner: We're closin' for lunch.

Mr. Praline: Never mind that, my lad. I wish to complain about this parrot what I purchased not half an hour ago from this very boutique.

Owner: Oh yes, the, uh, the Norwegian Blue...What's,uh...What's wrong with it?

Mr. Praline: I'll tell you what's wrong with it, my lad. 'E's dead, that's what's wrong with it!

Owner: No, no, 'e's uh,...he's resting.

Mr. Praline: Look, matey, I know a dead parrot when I see one, and I'm looking at one right now.

Owner: No no he's not dead, he's, he's restin'! Remarkable bird, the Norwegian Blue, idn'it, ay? Beautiful plumage!

Mr. Praline: The plumage don't enter into it. It's stone dead.

Owner: Nononono, no, no! 'E's resting!

Mr. Praline: All right then, if he's restin', I'll wake him up! (shouting at the cage) 'Ello, Mister Polly Parrot! I've got a lovely fresh cuttle fish for you if you
show...

(owner hits the cage)

Owner: There, he moved!

Mr. Praline: No, he didn't, that was you hitting the cage!

Owner: I never!!

Mr. Praline: Yes, you did!

Owner: I never, never did anything...

Mr. Praline: (yelling and hitting the cage repeatedly) 'ELLO POLLY!!!!! Testing! Testing! Testing! Testing! This is your nine o'clock alarm call!

(Takes parrot out of the cage and thumps its head on the counter. Throws it up in the air and watches it plummet to the floor.)

Mr. Praline: Now that's what I call a dead parrot.

Owner: No, no.....No, 'e's stunned!

Mr. Praline: STUNNED?!?

Owner: Yeah! You stunned him, just as he was wakin' up! Norwegian Blues stun easily, major.

Mr. Praline: Um...now look...now look, mate, I've definitely 'ad enough of this. That parrot is definitely deceased, and when I purchased it not 'alf an hour
ago, you assured me that its total lack of movement was due to it bein' tired and shagged out following a prolonged squawk.

Owner: Well, he's...he's, ah...probably pining for the fjords.

Mr. Praline: PININ' for the FJORDS?!?!?!? What kind of talk is that?, look, why did he fall flat on his back the moment I got 'im home?

Owner: The Norwegian Blue prefers keepin' on it's back! Remarkable bird, id'nit, squire? Lovely plumage!

Mr. Praline: Look, I took the liberty of examining that parrot when I got it home, and I discovered the only reason that it had been sitting on its perch in the
first place was that it had been NAILED there.

(pause)

Owner: Well, o'course it was nailed there! If I hadn't nailed that bird down, it would have nuzzled up to those bars, bent 'em apart with its beak, and
VOOM! Feeweeweewee!

Mr. Praline: "VOOM"?!? Mate, this bird wouldn't "voom" if you put four million volts through it! 'E's bleedin' demised!

Owner: No no! 'E's pining!

Mr. Praline: 'E's not pinin'! 'E's passed on! This parrot is no more! He has ceased to be! 'E's expired and gone to meet 'is maker! 'E's a stiff! Bereft of life, 'e
rests in peace! If you hadn't nailed 'im to the perch 'e'd be pushing up the daisies! 'Is metabolic processes are now 'istory! 'E's off the twig! 'E's kicked the
bucket, 'e's shuffled off 'is mortal coil, run down the curtain and joined the bleedin' choir invisibile!! THIS IS AN EX-PARROT!!

(pause)

Owner: Well, I'd better replace it, then. (he takes a quick peek behind the counter) Sorry squire, I've had a look 'round the back of the shop, and uh,
we're right out of parrots.

Mr. Praline: I see. I see, I get the picture.

Owner: I got a slug.

(pause)

Mr. Praline: Pray, does it talk?

Owner: Nnnnot really.

Mr. Praline: WELL IT'S HARDLY A BLOODY REPLACEMENT, IS IT?!!???!!?

Owner: N-no, I guess not. (gets ashamed, looks at his feet)

Mr. Praline: Well.

(pause)

Owner: (quietly) D'you.... d'you want to come back to my place?

Mr. Praline: (looks around) Yeah, all right, sure.

[DCer]

A friend of mine was arrested after her boyfriend committed a real crime while they were camping. He defended himself in a bar fight an injured someone and she ran from that person's friends who were trying to attack her which cascaded into multiple "crimes" over a 90 minute period before she was arrested (she didn't have a valid driver's license, but drove away from bikers who attacked her). The newspapers had a field day with this story (she was from the city, her attackers, the bikers, were "local boys") and her lawyer suggested she stay in jail until he could get this figured out. She was facing 25 years. After about 3 months 7 charges were dropped. She was acquitted of the last 2 charges. She was, basically, innocent, but the police weren't going to let go easily and she lost 3 months of wages while waiting for justice to take its course. Her boyfriend was acquitted of assault since he was defending himself, but guilty of lesser crimes like fleeing and spent 9 months in jail. People can talk all they want about crime and criminals, but wait until you're being attacked by criminals and the police lock all of you up.

[cherie]

DCer...while sometimes innocent people do get wrongly accused...it seems in the case of your friend...it was all about the company they keep. You stated that her boyfriend committed a "real crime" but you didn't bother to speak to what that crime was. If your friend had better choice in lovers, she probably wouldn't have found herself in that situation.
Birds of feather flock together.

[DCer]

A biker hit him with a pool cue in a rural bar near a campground so he stabbed the guy in the chest. I'm not saying he didn't commit a real crime- I pointed that out- but he was acquitted by a jury of that act, I believe he was charged with attempted murder, because he was attacked by a biker with a pool cue. I think the question to you is this, if you're out camping and go to the only restaurant open after 8pm and there are bikers there, do you eat there and grab a beer or do you go back to eat granola at your campsite? I don't think any of us know what we're capable of or what our "character" is until a biker attacks us with a pool cue. If my wife was with me and I thought she was in danger? Who knows.

I'm not saying my friend was totally free of drama her whole life, but... she was acquitted in a court of law of all counts against her. That's the difference between being arrested for aiding and abetting attempted murder and being found innocent of that.

[A.V.]

"Birds of feather flock together."
Cherie,
In this case only two could do that.
The other one croaked(cawed/chirped?)

That said, I say it was wrong to allow this to happen.

You would think a birdbrain like dickless taster would have some compassion.
Of course, compassion in that hemorrhoids case would ONLY relate to whatever slithers out from under a rock like his relatives.

[DCer]

and my point in my roundabout way, is to say that when arrested everyone had the impression that you'd have to be pretty much guilty to even get to the point of being arrested.

[Mikey]

"It's not dead, it's resting."

Dear Nauip, and the rest of you excuse makers. The guy BROKE the law, was driving around without registration, and had outstanding warrants. H'mmm. Again, I ask one simple question: Why would you not hold this man responsible for his own actions (or in this case, inactions)? I know, I know, if it's for the children, or it involves animals...no laws should matter.

I stick by my first statement: What a society of pu$$ies. As for "coward"...lol...if it makes you feel better, my name is Bill! Really. Wow, now I'm no longer a coward??? You are an idiot. Really.

Finally, I'd like to close with this thought:

YOU do NOT have the constitutional right to be stupid.

I'll try an explain for the few morons here. You see, you have the constitutional right to a free and public education. Thus ignorance of the law is no excuse. Therefore I repeat, you do not have the constitutional right to be stupid. If you break the law, you should be held accountable for your actions.

Regards oh fellow enlightened ones...Wow, I wonder sometimes, why I waste my time here.

Dicktater: I couldn't say it better myself. Thanks.

[DCer]

oh fer crissakes.

recently my driver's license expired. Why? Because during last year, in order to save money, the Dept of Motor Vehicles decided to stop sending out notices that people's drivers needed to be renewed.

Now, tell yourself, without looking at your wallet, what date your driver's license expires. Mine was NOT on my birthday even though it was SUPPOSED to be on my birthday, my driver's license was given an accidental expiration date 3 weeks earlier than my birthday.

So yes, I panicked and got to the DMV immediately and scheduled a driver's test for the next available spot 2 weeks in the future and sat and learned the rules and regs. Why did it take 2 weeks for me to schedule an appointment? BECAUSE THE DMV STOPPED SENDING OUT NOTICES AND EVERYONE'S DRIVERS LICENSES EXPIRED WITHOUT THEM REALIZING IT!!! So many people didn't notice this that the drivers tests were backed up for 10 working days.

So let's look at reality:
1. DMV stops notifying people their license is about to expire.
2. My license, according to our city law, should expire on my birthday, but a typo from a numbskull DMV employee had it expire 20 days earlier.
3. My license is good for 5 years and if I noticed the expiration date error 5 years beforehand, I forgot it that fall. Right now my license expires in 2012. How much do you bet that in 2011 I forget about this incident?

Is that a "right to be stupid" or do I have a reasonable expectation that if I'm to be held accountable for legal behavior that I be alerted by the government using my tax dollars so that I can continue to obey the law?

I once got a speeding ticket overturned when I photographed the speed limit sign covered by trees because it was unreasonably hard to obey the posted law.

[lester]

bill, glad to see you think it's okay for someone to be thrown in jail for 12 days for an expired registration. bet your attitude might change if it happened to you. i would also disagree about the constitutional right to being stupid: you seem pretty good at excercising it ... no wonder you're an expert.

[kestrelmas]

DCer, don't feed the trolls. They're not worth it. :)

Regardless of the owner's actions that ended him up in jail over a misdemeanor, the owner did attempt to contact the outside world to try to find care for his birds. In the staff, in other detainees.

How hard would it be for a staff member to contact someone, even a lawyer for the man, while he was in jail?

Maybe this is why I work at a hospital and volunteer at a bird rescue, and not at a Corrections Facility. Too much compassion, I guess... unlike Taster and his friend Bill.

[Soo]

It is entirely possible for someone to be tossed into the slammer and no one would know for weeks, except an employer.

Firstly, there are those who are a bit reclusive, like me, who do not regularly call people just to chat.

Also, there are people like me whose family members don't regularly call each other just to chat.

Third, unless it's specifically mentioned in an employment file, would your employer know who to call to find out where you are if you haven't shown up for work in a few days?

The idea that someone could be held for even 2 days without being allowed to contact someone scares the hell out of me.

Yes, I agree that people should follow the laws until such time as they can help change the laws they don't like. However, sometimes people just screw up. At any rate, it's bad behavior on the part of the police department. Expired license or capital murder--no one should be treated like that.

[stopeatingmysesamecake]

"The guy BROKE the law, was driving around without registration, and had outstanding warrants. H'mmm. Again, I ask one simple question: Why would you not hold this man responsible for his own actions (or in this case, inactions)? I know, I know, if it's for the children, or it involves animals...no laws should matter."

I would have pegged you as a Dick, not a Bill. Anyway, I don't see anyone saying he is not responsible for his actions, nor that its necessarily wrong he was in jail. The issue was that he was denied the ability to communicate with anyone for 2 days, which I'm sure people with much greater offenses in other communities had the ability to do.

[cherie]

I'm bummed about the guys bird but BILL has a point. Many of us point out in these threads how people need to be responsible for their actions. If the guy had outstanding warrants and an expired license...he obviously had to deal with the results of his actions.

DCer...I know exactly when my driver's license expires. Mine expires every 4 yrs on my bday...I've noticed in some states they dont expire for 10 yrs...but if your car loan company forgot to send a bill and you didn't pay your monthly loan...GUESS WHAT?!?! Your fault! Its not their job...nor is it the BMVs job to REMIND you when your shit is due. BE RESPONSIBLE for yourself and your actions.

[lynn]

i guess it is scary to think they will not let you contact anyone.

so we don't get the phone call. but, in miranda rights, we do get access to a lawyer? own or public defense, right?
does it take that long for the court appointed lawyer to come see his/her new client?

i also do agree we are responsible for our actions -- i figured that was a given here--most of us would agree with that.

kestlmas, i think it is cool what you are doing with the rescue birds.

[Sigh]

This reminds me of portions of the book "You Are Going to Prison", where the author describes the legal system as a machine that you have got your finger caught in -- the longer it is before you pull yourself free, the more damage it does to you.

On a different note, as stated in Brewer v. Williams, 430 U.S. 387 (1977), "the right to counsel granted by the Sixth and Fourteenth Amendments means at least that a person is entitled to a lawyer's help at or after the time that judicial proceedings have been initiated against him, and here there is no doubt that judicial proceedings had been initiated against respondent,".. "since a warrant had been issued for his arrest, he had been arraigned, and had been committed to jail."

So, since he is in jail on an arrest warrant, Brewer makes it fairly clear that the US Supreme Court thinks that this guy has a right to access to an attorney since proceedings are already in progress. Was he arraigned without a lawyer or how was he otherwise committed for 10 days (10 days without arraignment, yikes)? Is a 10 day wait reasonable access under the 6th and 14th ammendments? I hope not.

I think he has a case -- although he will never get that much money.

[kestrelmas]

Some of this is speculation backed up by facts, and I apologize in advance... but I do try to make for entertaining reading. ;)

So, who's responsible for starving/dehydrating the bird to death? By the way, a large bird like a macaw needs its water changed 1-2 times daily, because they drink from it, put food in it, bathe in it... all in one dish most of the time.

I know this, not only because of the rescue, but because I had a large macaw at one time (started working full time and had to give her up because it stressed her out to not see me as much). I flipped out on a then-boyfriend once because he neglected her for THREE days I was out of town, and I told him to take care of her while I was gone. I had extra food near her cage and water, plus he lived with me at the time. I came home and her water dish was bone dry. Needless to say... I was ticked and never relied on him again (yay for wicked stepmoms), and he's been dumped.

Three days and her water bowl was dry... I can only imagine what 12 days without water would do to a macaw.

The point is... if what the man claims is true, he did attempt to contact the outside, and the corrections facility failed to follow through with his contacts or his concerns, including failure to contact the SPCA. How the HELL hard is it to contact the SPCA? If it had been a child, or a dog, instead of a bird that died, maybe the view would be different. But no. It was an exotic bird, with the intelligence of a 3 year old child. Which means he most likely had the bird padlocked (they can break out of their cages from the inside) in his cage to keep the bird out of trouble... and away from the food on the floor the bird most likely chucked/scooped away.

The man wasn't allowed access to an attorney, who could've contacted someone for the birds, either. There is something seriously warped there. Again, even though the man did something that landed him in jail (a misdemeanor in my city would mean detainment for a few hours, not close to two weeks, by the way), something should have been done to prevent needless suffering and death of his innocent animals. I'm not saying he should not be in jail for what he's done (whatever it was... expired registration or whatever... the article didn't say specifically what his crime was, only that it was a misdemeanor warrant... probably an unpaid parking ticket), but he wasn't even allowed to contact someone to post. Bail.

The blood of that bird is on the Corrections Facility. And I hope his owner's lawsuit forces a policy change so detainees are allowed to contact someone, at the very least, to prevent this from happening again. $500,000 is a bit high (although pricing an adult blue and gold at $1600 is VERY conservative... their babies go for $2500 and up)... but that may be one of those "lesson" lawsuits too. Unfortunately, it'll most likely Delaware taxpayer money and nothing will be done to prevent this crap from happening again unless it's an infant that dies next time.

PS: Thanks Lynn. I love working with them, even the most vicious of them. :) Most of them were neglected and misunderstood... some were breeders (and are truly vicious). Most of them just want to be held and petted, and will follow you around to get your attention or just be near you. They love to play, as much as a cat or dog, even the ones that don't talk.

[GeoffB]

If being responsible and doing things the right way is so important, it's no wonder that prison officials who do their jobs the wrong way and deny people their due process rights wind up in court. They have it coming.

Should the facts be as claimed, the prison officials should be strong and accept responsibility for their actions. I mean, they work in a prison system. They should have known the rules and followed them. They should be grateful if they get off only having to pay money, not do time.

That is what the law and order commenters are driving at, right?

[Thomas Goodrich]

Folks, I am the Plaintiff in this case vs. the Delaware Department of Correction for this incident that occurred in 2006. I take responsibility for the original misdeed for which I later plead to and was fined $200. The incarceration period of 12 days occurred as the result not being able to communicate out of the detention facility via ANY MEANS for release on $200 bail which was set the following day. There was no access to an attorney, bail bondsman, working telephone or provision to mail a letter to the outside world. Further, the now retired warden of this facility received written letters daily apprising him of the need to not only secure release but, to make emergency notification to SPCA law enforcement officials, etc. to effect a pet rescue. Memos from the warden were sent back blaming the situation on the telephone vendor. In reality there is no right to use of a telephone, however, there is a constitutional right to secure freedom and this is where the case is going. Meanwhile, the State of Delaware is defending their case on the premise the Constitution when written did not include telephones. There are additional facts to this case which the United States Department of Justice finds disturbing and to which PETA finds absolutely appalling, and rightly so! (In 2007 The State of Delaware was assessed a $3 million dollar fine for health care issues and since that time the state DOC has been operating under DOJ oversight). For the record, as people are wondering, yes attempts were made via third party relay through others to get messages out, however, it is unclear as to the results. Prison telephone systems are programmed for up to 5 predetermined numbers AND calls must be made collect. Furthermore, all of the phone sets in this facility were totally inoperable with the exception of one telephone available to 60 detainees for a couple of hours daily. This case is not about money because in actuality I would rather have the pet back and any financial settlement will only cover costs and benefit animal causes. It is my intention that no one else (person or animal)ever be in such a predicament due to such callous and unlawful disregard of civil liberties from fellow human beings paid for by taxpayers.