Animal Welfare Lawyer Sues Watchdog Group Over Criticism in Report
The general counsel for the New Jersey Society for the Prevention of Cruelty to Animals claims in a suit that a state watchdog group violated his due process rights in a report calling his billings to the animal protection organization "exorbitant."
January 25, 2018 at 04:53 PM
4 minute read
The general counsel for the New Jersey Society for the Prevention of Cruelty to Animals claims in a suit that a state watchdog group violated his due process rights in a report calling his billings to the animal protection organization “exorbitant.”
Harry Jay Levin claims in the suit that the State Commission on Investigation criticized his billing practices without conducting a thorough investigation.
Levin first sued the SCI in September 2017 in Middlesex County Superior Court, seeking to prevent the SCI from making its report public. But the report was published Oct. 20. Levin filed an amended complaint Nov. 8, adding SCI counsel Lisa Cialino as a defendant, and Cialino removed the case to federal court on Tuesday.
Levin's suit also names three top NJSPCA officials as defendants along with Matthew Stanton, a partner with MBI GluckShaw, a lobbying firm that was retained by the NJSPCA. All were named as defendants because they were interested parties in the SCI investigation, according to the suit.
Founded in 1868, the NJSPCA is organized as a private, nonprofit organization. It is supported largely by private donations and revenue from fines. It was authorized by statute to investigate animal abuse and neglect until Jan. 15 of this year, when outgoing Gov. Chris Christie signed into law a measure taking enforcement of animal cruelty laws away from the NJSPCA and delegating that duty to county prosecutors.
Levin's suit says the SCI deemed his bills to the NJSPCA excessive without reviewing his litigation files or considering the complexity of the matters he handled for the agency. The report also said Levin increased his hourly rate for NJSPCA work from $295 to $475 for litigation without written approval in 2010, which the report said is more than double the state's typical rate for outside counsel. But Levin's suit said his new hourly rate was less than rates of other lawyers with similar experience and expertise.
The SCI also criticizes Levin's practice of carrying an NJSPCA-issued badge identifying him as a special prosecutor, even though the agency has no authority to make such an appointment or issue such a shield, the report said. But he said in the suit that the SCI ignored testimony from “those who issued the credentials to plaintiff many years ago,” who are not identified, about the reasons he was provided the badge.
Levin, who is self-represented in the suit, seeks compensatory and punitive damages, fees and costs for violation of his civil rights. He also brings claims for false-light defamation and infliction of emotional distress.
The SCI report said the NJSPCA's policy calls for it to respond to reports of animal abuse or cruelty within 24 hours of receipt, but the average response time for cases reviewed for the report was 12 days. The report also said the agency had a “wannabe cop” culture, with an enthusiasm for the trappings of law enforcement. The report cited multiple instances when NJSPCA officers conducted traffic stops that had nothing to do with enforcement of animal cruelty laws, which exceeds the agency's statutory authority.
Matthew Stanton, a spokesman for the NJSPCA, said the agency's officers and agents adhere to the standards of the state Police Training Commission. He also said the allegations about NJSPCA officers making illegal traffic stops was not supported by evidence.
But a large portion of the SCI report was about Levin and his legal representation. In 2015 the NJSCPA spent $18,296 on animal care expenses and $159,612 on legal costs, the report said.
The report was critical of Levin's policy of charging the agency 1.5 percent interest per month for invoices not paid within seven days of receipt. The NJSPCA pays Levin $3,000 a month to pay down its outstanding legal debt, even as it continues to accumulate expenses for new legal work, the report said. Levin recently received a $100,000 payment after the NJSPCA received a large bequest, according to the SCI.
A spokeswoman for the SCI, Kathy Hennessy Riley, when asked about Levin's suit, said “we stand by the findings in the report,” and that “we followed the statutory provisions that guide how we conduct our investigations.”
Levin, of Levin Cyphers in Toms River, New Jersey, did not respond to a request for comment about the suit.
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