Horse trainer saddled up for justice to fight illegal government tribunals

David Latham has built his life around Tennessee Walking Horses. He and his father run a successful stable in Northern Alabama where they train and care for these elegant animals. As respected figures in the Walking Horse industry, the Lathams show horses at competitions throughout the Southeastern United States, continuing a family tradition that spans generations. 

Those who dedicate their lives to these animals like David has do so out of passion, not just for profit. David started riding when he was just a kid, after his dad took up training Tennessee Walking Horses. When David was about 10 years old, he started showing the horses his dad trained in competition. When he was in high school, he joined his dad in training horses for competition. “If you don’t love these magnificent animals, you won’t last long because of the enormous amount of work it is,” he reflected.  

Unfortunately, no amount of love and care can ward off federal enforcers. Everything changed for David when U.S. Department of Agriculture inspectors accused him of entering “sored” horses in Tennessee Walking Horse competitions. “Soring” is a cruel practice where unscrupulous trainers cause pain or discomfort to a horse’s legs to force a desired gait. It’s hated by honest and caring trainers like David, and the sport has worked hard to stamp it out, making it illegal to enter a “sore” horse in competition under the Horse Protection Act. 

The USDA sought to punish David with a huge fine and—even more devastating—ban him from the walking horse sport for years, effectively ending the only career he’s ever known. To make matters worse, the agency did not prosecute David in an actual court where due process applied. Instead, the USDA pursued its enforcement actions within its own walls and under its own rules, where its own judicial officer and administrative law judges (ALJs) made the decisions. 

Like most in-house “trials” run by agency employees, the USDA’s process nearly always ends with the USDA winning. Everyday people like David face near-impossible odds. 

The Constitution, however, guarantees vital due process protections for Americans targeted by government prosecutors. When the government wants to punish someone and burden them with fines or other punishments, the Constitution protects the right to a fair trial before an impartial judge and jury. The USDA’s administrative hearing—with faux court procedures invented by the agency and overseen by a USDA official on the USDA payroll—tramples the constitutional rights of everyday people like David.  

Another key issue is the illegitimate authority wielded by the USDA’s judicial officer and ALJs. The power to destroy lives is so profound that the Constitution allows only properly vetted officials—those nominated by the president and confirmed by the Senate—to exercise it. The agency’s judicial officer and ALJs have neither, yet they continue to issue final, binding legal judgments. As if the fight weren’t lopsided enough, the agency ALJs enjoy special dual-layer tenure protection against presidential removal, creating yet another constitutional problem. 

Despite these towering odds, David was determined to clear his name and protect his livelihood. With free representation by Pacific Legal Foundation, David filed a federal lawsuit challenging the USDA’s improperly appointed judicial officer and the agency-run tribunals that strip his right to a fair trial. 

In April 2026, the U.S. Department of Agriculture agreed to permanently abandon its case against David. The resolution freed him from the USDA’s tribunal permanently and spares him from the fines and ban that threatened to end his livelihood.

This case marked PLF’s third challenge to the USDA’s unlawful tribunal process for Horse Protection Act claims. Additionally, David joined a growing number of brave citizens fighting back under our initiative to End Agency Adjudication and restore the right of all Americans to a fair trial in an actual court of law.