Birmingham, AL; June 13, 2025: Yesterday, a Tennessee Walking Horse trainer from Alabama filed a federal lawsuit to stop the U.S. Department of Agriculture (USDA) from prosecuting him in its in-house tribunal, asking for his dispute with the agency to be heard in court by an independent judge and an impartial jury.  

“The notion that the government can destroy a person’s livelihood and reputation without having to prove its case to a neutral judge and a jury is an affront to the separation of powers and due process of law,” said Josh Robbins, attorney at Pacific Legal Foundation. “David Latham is asking for his constitutional right to a fair trial by a jury of his peers.”  

In 2024, the USDA accused horse trainer David Latham of entering walking horses that were allegedly sore in horse shows. Soring is a cruel practice where trainers use methods that cause their horses pain or discomfort to achieve a desired gait. David vehemently denies the USDA’s allegations, especially the accusation that his horses were sore.  

Without meaningful oversight, a single USDA inspector can decide a horse is “sored” based on subjective tests, and the owner or trainer is then prosecuted in the agency’s own adjudication system—where the USDA acts as prosecutor, judge, and jury.   

Once accused, the consequences are severe. The agency seeks to slap David with a huge fine and a years-long ban from the only career he has ever known. But that decision is not made by a court of law. Instead, the USDA’s in-house tribunal, overseen by their own administrative law judge and Judicial Officer, decides whether these penalties will be imposed on David.  

The Constitution demands that government claims for civil fines be heard by a neutral judge and a jury of the accused’s peers, not someone collecting a paycheck from the accusing agency. The USDA has denied David these rights, so he’s fighting back.  

The case is David Latham v. U.S. Department of Agriculture, filed in the U.S. District Court of Northern Alabama.  

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Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.

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