Facts

On May 22, 2007, defendant Marni Schear visited the home of plaintiffs Mark Henze and Margaret Maas to investigate a dog bite report. Schear, reportedly acting on behalf of defendant Coastal Animal Services Authority (CASA), the animal control agency for the cities of San Clemente and Dana Point, was trying to determine if the dog involved in the incident belonged to the Second Chance Canine Rescue, an entity owned and operated by Henze and Maas. Based on her observations of the property, unrelated to the bite report incident, Schear posted a notice of violation on the front door, claiming violations including "vaccination required, dog license required, excessive number of animals, and special permits required." The notice gave a deadline to contact CASA and for compliance, also stating "Failure to comply with above, will result in citation, fines, and impound of your animals."

Henze and Maas complained about the notice's vagueness, alleging underlying inaccuracies, and informed Schear and CASA that, as far as they understood, they were in compliance with all required permits, licenses and regulations. They also stated that their neutered male purebred Dalmatian, Chance, could not be the unuttered male Dalmatian-mix involved in the dog-bite investigation.

Henze and Maas sued Schear, Rick Gilliland and Jill Moran, her superiors, CASA, as well as the Cities of San Clemente and Dana Point under 42 USC Sections 1983, 1985 and 1988.

PLAINTIFFS' CONTENTIONS:
Henze and Maas claimed violations of their constitutional rights under the First, Fourth and Fourteenth amendments through the alleged abusive, threatening and extortive conduct by the defendants. They also alleged that CASA initiated numerous administrative prosecutions that were unfounded and lacked jurisdictional or subject matter authority. Further, Henze and Maas contended that the defendants fabricated their authority to act, and with that false power, acted with the intent to harass and harm them.

DEFENDANT'S CONTENTIONS:
The defendants contended that they were acting in the public interest and pursuing a bad dog.

Injuries

Henze and Maas claimed threats to impound and euthanize Chance combined with the administrative proceedings taken against them caused them emotional distress and consternation. The defense stated that any distress was brought on by Henze and Maas themselves in not respecting the defendants' purported authority.

Result

The parties reached a settlement with $87,500 going towards Henze and Maas' legal fees. In addition, the settlement provides that San Clemente adopt an ordinance and amendments to its municipal code clarifying its animal control provisions. The agreement also states that CASA is to implement a training program for its employees regarding public relations issues and improvement of employees' people skills.