# Man Sues After 60+ of His Snakes Died in State Custody



## News Bot (Jun 16, 2008)

*Published:* 16-Jun-08 10:30 PM
*Source:* Reptile Related News



Article from The Salt Lake Tribune
A Utah man convicted of importing snakes _without_ a permit says authorities let 62 of his *rubber boas* die in state custody. Only three others survived.

*Ryan Hoyer* is suing the *Division of Wildlife Resources* for failing to take care of his snakes. He says they are picky eaters, sensitive to temperature changes and need to bathe constantly in water. '_'If these snakes had simply been provided water and shelter for a year, the vast majority would have been fine. Instead, within eight or nine months, half were dead_,'' Hoyer said. ''_It is easy to overheat reptiles._''

"_Suppose that your property was stolen by a thief ... then the state seized it and held it as evidence for trial, then destroyed it due to negligence. ... Regardless of whether that's jewelry, cash, rare paintings, family heirlooms, musical instruments, snakes, whatever -- (the state) is saying 'We don't owe you any duty of care for your property.' _" It's precisely that legal concept that sunk Hoyer's civil suit at the district level, attorney *Stephen Spencer* admits. The courts have found that a state agency is _usually_ *immune from negligence suits* if the damaged property in question was taken as a part of a judicial action like a search warrant.

Hoyer and Spencer have *appealed that decision*, hoping to convince the courts that this type of situation should be viewed differently.

The wildlife division referred all questions to Attorney General *Mark Shurtleff's* Office, which says *citizens can't sue government for ordinary negligence*. Assistant Attorney General* Matthew Bates* confirmed Sunday that about 60 of the snakes died in state captivity over the years. He said they were difficult to care for. Bates wanted millions of dollars for the research value of the dead snakes, rejecting the state's offer of paying street value, Bates said. The state _eventually_ got the lawsuit dismissed, but Bates is appealing to the Utah Supreme Court.

*Read More...*


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## FNQ_Snake (Jun 18, 2008)

Unfortunate event there. Pity, they probably would have survived in the wild quite happily had the knucklehead not smuggled them out from there native environment.

What do you do? Leave it with the smuggler and have them live, or take them away and hope for the best?


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## fraser888 (Jun 18, 2008)

> Unfortunate event there. Pity, they probably would have survived in the wild quite happily had the knucklehead not smuggled them out from there native environment.
> 
> What do you do? Leave it with the smuggler and have them live, or take them away and hope for the best?


 
those are the sorts of questions that keep me awake at night.....


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## FNQ_Snake (Jun 18, 2008)

Ha ha.


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## pseudechis4740 (Jun 18, 2008)

Do we know whether or not these animals were taken from the wild or legally purchased from a breeder? Keeping in mind that this incident occured the U.S. where it is legal to import reptiles. He overlooked some paperwork, so what!. If your state wildlife authority came in and confiscated 62 of your snakes over an error in your paperwork and the animals were destroyed, died or got 'lost' LOL(don't say it can't happen in Australia cos it has!). Wouldn't you be furious, for lack of a better word?. This man has is just trying to recoupe his losses and good luck to him because in the U.S. as here there is little legal recourse against government departments.


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## adazz (Jun 18, 2008)

Glad he sued, did the wrong thing but negligence is unacceptable


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## antaresia_boy (Jun 21, 2008)

how could the government do that? after 10 of then died, wouldn't they START to think that they might need some professional advice??? and for 62 of them to die? how is that possible? good on him for suing, that is as bad as starving 62 state prisoners to death.


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## spilota_variegata (Jun 21, 2008)

antaresia_boy said:


> how could the government do that? after 10 of then died, wouldn't they START to think that they might need some professional advice??? and for 62 of them to die? how is that possible? good on him for suing, that is as bad as starving 62 state prisoners to death.



Nothing like starving prisoners to death. The prisoners deserve to be there, the snakes do not.


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## WombleHerp (Jun 21, 2008)

spilota_variegata said:


> Nothing like starving prisoners to death. The prisoners deserve to be there, the snakes do not.


 
even more reason for them to have been looked after, not much point taking them off the guy for a permit thing if they are going to die anyways! (not saying its good they were taken illegally in the first place)
thats just sick all of it,
taking without licence,
snakes dieing for no reason
etc

JMO

Nat


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## pseudechis4740 (Jun 21, 2008)

[not saying its good they were taken illegally in the first place]

Were they taken illegally?


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## RedEyeGirl (Jun 21, 2008)

some ppl are Bl***y idiots......................................goond on him for sueing


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## spilota_variegata (Jun 21, 2008)

He wants millions of dollars as compensation. Judging by the looks of the guy, he wouldn't be able to make a million dollars in a hundred lifetimes. Rubber boas go for $50 a piece in the States. He's probably been a welfare recipient all his life and is trying to get some more easy money. 

Sure the government should have sought professional help for the snakes but the guy doesn't deserve a cent as far as I'm concerned.


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## spilota_variegata (Jun 21, 2008)

I take back my comment about him being a probable welfare recipient, he is a CPA.

All the same, millions of dollars compensation - come on :shock:


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## Danger_Mouse (Jun 21, 2008)

It's America, He'll get that money.


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## mrmikk (Jun 22, 2008)

FNQ_Snake said:


> Unfortunate event there. Pity, they probably would have survived in the wild quite happily had the knucklehead not smuggled them out from there native environment.
> 
> What do you do? Leave it with the smuggler and have them live, or take them away and hope for the best?


 
They did the right thing seizing them from the alleged 'smuggler' and in fact would have statutory obligations to do so. Having said that, the seizing department also has a duty of care over anything it seizes and in this case, based on the information presented it seems they failed to do so.


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## WombleHerp (Jun 23, 2008)

pseudechis4740 said:


> [not saying its good they were taken illegally in the first place]
> 
> Were they taken illegally?


 
oh my bad, i meant taken without permit


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## oddball (Jun 23, 2008)

I don't care what he did, but the department should be punished for allowing so many snakes to needlessly die. I think it's beside the point who he is, or why he had them. 
That department will continue to confiscate animals from people either legally or borderline illegally, and they should know EXACTLY what they are doing to ensure that those animals they are well looked after, else they are as bad in my mind as neglectful owners or animal abusers.


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## euphorion (Jun 23, 2008)

insert swear-word here. 

 such a sad thing to happen, really makes you wonder at the capacity of human being to just do the right thing sometimes.


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## Nagraj (Jun 23, 2008)

oddball said:


> I don't care what he did




I do, he is entirely responsible for the death of the animals and blame should not be shifted on to a govt dept. It is completely his fault that the animals were placed in a situation which caused their deaths.


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