Court Orders Continued Access for USDA to Inspect Iowa Dog Breeder’s Facility Following Seizure of 32 Dogs

Last week, the U.S. District Court for the Southern District of Iowa issued a preliminary injunction against Wuanita Swedlund, a dog breeder, based on claims that she has repeatedly failed to grant Department of Agriculture (USDA) officials access to inspect her facility, animals, and records in violation of the Animal Welfare Act (AWA). This preliminary injunction follows a temporary restraining order (TRO) based on the same claims that led to the seizure of 32 dogs by Iowa law enforcement.

"The court's preliminary injunction ensures USDA inspectors can assess whether this breeder continues to operate in violation of the Animal Welfare Act," said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department's Energy and Natural Resources Division (ENRD). "We enforce the AWA's standards to ensure that animals in breeding facilities are safe and healthy."

"The U.S. Department of Agriculture continues its close collaboration with the U.S. Department of Justice on enforcing the Animal Welfare Act," said General Counsel Tyler Clarkson of the USDA.

According to the complaint, filed with a motion for TRO and preliminary injunction, Swedlund has allegedly engaged in a pattern and practice of violating the AWA while operating a dog breeding facility in Farmington, Iowa. After the court issued the TRO requested by the United States, inspectors from USDA's Animal and Plant Health Inspection Service (APHIS) and the Iowa Department of Agriculture and Land Stewardship coordinated and obtained access to Swedlund's facility. APHIS cited Swedlund for dozens of AWA violations, including lack of adequate veterinary care for animals with visible fleas, failure to provide sanitary enclosures for puppies and their mothers, and indoor housing facilities with temperatures that exceeded 90 degrees for at least four hours. The state obtained a search warrant and took possession of all 32 dogs found at the facility, and they have been placed in a local animal shelter.

In issuing the preliminary injunction, the court recognized, "the animals in Swedlund's care suffered needlessly-precisely the type of harm that the AWA sought to prevent." The preliminary injunction will assist USDA with preventing the conditions that affected the health and well-being of the animals at Swedlund's facility.

The USDA referred this matter to the Justice Department based on concerns about potential conditions faced by the animals in Swedlund's facility. The preliminary injunction will assist USDA with assessing the health and well-being of the animals in Swedlund's possession. This lawsuit follows the Prioritization of Animal Welfare Enforcement memorandum issued by the Attorney General in February.

USDA's APHIS is investigating this matter.

Trial Attorneys Kamela A. Caschette, Michelle M. Spatz, and Bonnie M. Ballard of ENRD's Wildlife and Marine Resources Section are handling this matter.