THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, December 24, 1994 TAG: 9412240349
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 54 lines
A Ghent man arrested in June for allegedly trying to stop police from seizing his mother's 30 cats and dogs has filed a federal lawsuit against the city.
Harry P. Ferro claims police violated his constitutional rights in the raid on his mother's house and seeks $600,000 in damages.
The lawsuit, filed Wednesday in Norfolk's federal court by lawyer Melvin J. Radin, names three defendants: the City of Norfolk, police officer E.J. Ryan and animal control officer M.T. Kumpf.
The suit says that Ferro and his mother, Raquel Ferro, were arrested illegally and that the pets were seized illegally from his mother's home at 914 Colonial Ave. June 30.
Police raided the house after neighbors complained about the stench of urine and feces. Raquel Ferro was convicted in August of failing to vaccinate and license her pets and was fined $1,300.
In the raid, the mother and son were arrested and charged with impeding a police officer. The lawsuit says Harry Ferro's arrest was ``without a warrant and without probable cause and therefore unlawful.'' He was later acquitted of all charges, according to the lawsuit.
The lawsuit says that the city and Kumpf ``departed from the normal procedure in regard to pet violation, maliciously and intentionally, in order to subject your plaintiff and his family to the cruel and unreasonable punishment not only of an `invasion' by numerous officers but the deprivation of their pets, as well.''
It was not the first raid against the Ferro family. In 1992, police confiscated 112 rabbits, 88 cats and 16 dogs from Raquel Ferro's house. The cats and dogs were released when the family promised to take them to a Maryland farm.
It is the second time this year that someone has sued the city for confiscating animals.
In September, Robert A. Parks sued Kumpf, police Lt. P.A. McKeon and Major Charles Cameron for $275,000 for raiding his house at 2618 Withers Ave. in September 1993. Police seized 125 alligators, crocodiles and snakes from the home.
According to Parks' lawsuit, the officers took over his house for eight days with an illegal search warrant, refused to let him enter except to get clothing and medication, and destroyed and vandalized his property.
Parks later pleaded guilty to failing to maintain proper ownership of the animals and agreed to take them to Florida. His lawsuit accuses the police of trespass, false imprisonment, invasion of privacy and intentional infliction of emotional distress. by CNB