1

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF YAKIMA
8
REBECCA THORLEY and MONICA Case No.: 17-2-00864-39
9
BAXTER,
AMENDED COMPLAINT
10
Plaintiffs,

11
vs.

12
DONALD E. NOWLIN; marital
community or domestic partnership of
13
DONALD E. NOWLIN and HANNA
NOWLIN; OUTWEST LIVESTOCK; and
14
DOES-10;

15
Defendants.

16 Plaintiffs REBECCA THORLEY and MONICA BAXTER, through attorney of

17
record ADAM P. KARP of Animal Law Offices of Adam P. Karp, allege:

JURISDICTION, PARTIES, AND VENUE

18

19 1. This court has subject-matter jurisdiction over this action.

20 2. Plaintiffs REBECCA THORLEY and MONICA BAXTER reside in King

21 County and were the owner-guardians of BRAD PITT, an approximately twenty-year-old

22 thoroughbred stallion, the animal at issue here.

23
3. Defendant DONALD E. NOWLIN, doing business as OUTWEST
24
LIVESTOCK, at all times herein was, doing business in Outlook, Yakima County, Washington.
25

AMENDED COMPLAINT - 1 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 4. The marital or domestic partner community of DONALD E. NOWLIN and
1
HANNA NOWLIN has also been sued on the basis that the acts of Nowlin enriched the marital
2

3 or domestic partner community. Should such community not exist, Nowlin is sued individually.

4 5. On information and belief, other as yet-unknown and unnamed defendants DOES

5 1-10 may be liable in part or in whole for the harms inflicted upon Brad Pitt and the Plaintiffs.

6 When their identities are discovered, the complaint will be amended to name them.
7 6. This court has personal jurisdiction over all named defendants.
8
7. Venue is proper.
9
GENERAL ALLEGATIONS
10
8. Thorley and Baxter met through animal rights activism. Both are experienced
11
horsewomen. Thorley, also a criminal defense attorney, friended Sabrina Connaughton on
12
Facebook. Connaughton claimed to be trying to save slaughter-bound horses and she worked as
13
an assistant to Nowlin.
14
9. On or about July 28, 2016, Thorley and Baxter drove to Nowlins feedlot in
15

16 Sunnyside, Wash., having previously arranged to see the horses per Connaughton, who told

17 them not to mention their animal rights sympathies to Nowlin.

18 10. On arrival at Nowlins feedlot the morning of July 28, 2016, the temperature was

19 scorching and approximately 1060 F. The animals had no shelter. Horses of all kinds bore
20 significant injuries, such as fist-size scabby wounds, a pregnant mare bleeding from her vagina,
21
a horse with a broken leg and overgrown hooves, some coughing badly, and others with cracked
22
hooves. Water troughs were disgustingly contaminated.
23
11. Next door to Nowlin was a property used to hold Mexican Rodeos, according to
24
Connaughton and Nowlin. Baxter and Thorley observed large pens and were curious about their
25

AMENDED COMPLAINT - 2 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 purpose. Connaughton explained they were used to breed chickens for cockfighting and that the
1
residents would hang the birds on the washing line and target shoot them.
2

3 12. To the left of Nowlins property were hundreds of small sheds. Connaughton

4 explained that they were situated on a veal farm. About 400 pens contained calves crammed in

5 the back of their tiny enclosures to avoid the oppressive sun, covered in flies and manure.

6 13. Nowlin eventually arrived.

7 14. Later in the day, Nowlin refused Plaintiffs generous and kind offer to erect
8
shelters for the horses.
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15. The Plaintiffs inquired about a horse in the back paddock. Nowlin said he was a
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stud and joked he was the mascot of the feedlot and he intended to give him to the Mexican
11
Rodeo for an event called smoking. He described smoking as loading a horse into a chute
12
and hustling him out, then roping the back legs. He added that the horses would be tripped.
13
Nowlin showed no hesitation or contrition about subjecting the stud to such smoking, soring,
14
and tripping practices.
15

16 16. Thorley asked if she could buy the mascot. Nowlins response was paranoia,

17 concerned about being shut down and wondering why she would want to buy him. He added

18 that smoking did not hurt the horses. Baxter and Thorley said they would buy him to prevent

19 him from being shipped to slaughter or facing abuse. Nowlin laughed at them, but later that day
20 after inquiring again about the horse, Nowlin offered to sell him for $250, a sum Thorley and
21
Baxter agreed to pay.
22
17. After spending an entire day at Nowlins feedlot, Plaintiffs drove home. Having
23
received donations to save the mascot and others at that location, the next day, Baxter called
24
Nowlin and told him she and Thorley raised enough money to buy the stud, whom the Plaintiffs
25

AMENDED COMPLAINT - 3 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 named Brad Pitt, owing to his good looks.
1
18. Baxter asked Nowlin if Brad Pitt were tattooed, explaining that a third party
2

3 named Mary Lee offered to geld him and keep him through September 2016. He would be

4 entitled to a discount on veterinary care if he had a Jockey Club tattoo. Nowlin said he would

5 check the next time he had a chance and agreed to the offer to buy Brad Pitt for $250.

6 19. The following week, on or about August 8, 2016, Baxter texted Nowlin to see if
7 he would hold other horses for them because they were trying to raise enough funds to rescue
8
those in need of the most care and love.
9
20. Baxter explained to Nowlin that Brad Pitt needed a Coggins test before he could
10
go to Lees barn, where she would hold Brad Pitt till his gelding. Baxter asked Nowlin if he
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could recommend a local veterinarian.
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21. Nowlin offered Kalie Mercer, DVM, and gave her number. He also explained that
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he did not know if Brad Pitt were halter broke, that he had gotten into a fight with another horse
14
after being delivered to the feed lot, and that this left him dragging a leg. However, Nowlin
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16 explained that Brad Pitt became sound and that is why he had planned to give, sell, or rent him

17 to the Mexican rodeo. Nowlin shared that Brad Pitt was too large to be sent to the institutions,

18 to which he regularly sent thirty or forty studs a few months throughout the year. He referred to

19 these horses as guinea pigs for experiments.

20 22. Connaughton told the Plaintiffs there were about 150 horses already shipped to
21
the slaughterhouse the week they came and they had only a week to remove the horses they
22
wanted to buy.
23
23. The next day, on or about August 9, 2016, Dr. Mercer texted Baxter that the
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testing on Brad Pitt was uneventful and that he was easy to handle. No halter was required.
25

AMENDED COMPLAINT - 4 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 Indeed, Dr. Mercer used a slack rope loosely around his neck. He stood calmly for the blood
1
draw.
2

3 24. On or about August 10, 2016, Baxter paid Nowlin two thousand three hundred

4 fifty ($2350) dollars by check for six horses: Brad Pitt, Lonely (a crippled mare with a broken

5 ankle who had laid down distressed from the heat in Plaintiffs presence on July 28, 2016),

6 Jarito (a pony), Northern Star (a flea-bitten grey), Jasleen (a childrens horse), and Loganberry
7 (a senior chestnut horse over thirty-years old with missing teeth).
8
25. Connaughton told the Plaintiffs that as long as the horses were paid for, they
9
could be boarded at the feedlot till they were able to pick them up provided they would be
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charged five ($5) dollars per day per horse. She explained there were many horses who had
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been bought by other individuals and were being boarded for weeks.
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26. On or about August 21, 2016, Baxter texted Nowlin to let him know to keep Brad
13
Pitt there and continue to charge board, explaining that Mary Lee had reneged.
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27. Hearing no response, Baxter called Nowlin, who said that Lee was not reliable
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16 and he was not surprised she backed out of her agreement the day the Plaintiffs were coming to

17 haul him off the feedlot. Nowlin reassured Baxter that Brad Pitt could stay but they needed to

18 pay board when they picked him up, and the price increased to ten ($10) dollars per day.

19 28. Meanwhile, Northwest Equine Stewardship Center agreed to board and geld Brad
20 Pitt, but arrangements could not be made to take him until September 24, 2016.
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29. On or about September 5, 2016, Baxter texted Nowlin to explain they would pick
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Brad Pitt up on September 24, 2016. Nowlin did not reply.
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30. On or about September 7, 2016, Connaughton texted Thorley at about 8 a.m.
24
asking when she could talk. Connaughton then called explaining that Brad Pitt had broken his
25

AMENDED COMPLAINT - 5 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 leg and was shot.
1
31. Baxter called Nowlin. He answered. She asked what happened to Brad Pitt.
2

3 Defensively, he stated that he wasnt even there but somehow the horse broke his back leg and

4 he put him down. Baxter asked how he was put down. Nowlin explained that he gave him a

5 cocktail and he went to sleep for good.

6 32. Baxter asked how he knew Brad Pitts leg was broken. Nowlin said, Well, it was
7 all swollen and looked broken. Nowlin explained further that he found Brad Pitt standing in the
8
middle of the pen holding up his leg and that he did not want anyone to see an injured horse on
9
his lot.
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33. Baxter asked Nowlin if he had Brad Pitts body. He said he put him in the bushes
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to hide him from people coming to get horses. During this conversation, he was quite agitated.
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He asked if Baxter wanted him to send pictures. She politely said yes.
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34. Nowlin sent two pictures of Brad Pitt, one of him standing on all four legs with a
14
swollen hock that looked like it had a puncture and was draining, the other of him deceased,
15

16 lying on the ground with blood coming from his eyes and nose, and with several gashes. It

17 appeared that nearly all quadrants of his body shown in the image were injured.

18 35. At no time did Nowlin or Connaughton call either Plaintiff to explain that Brad

19 Pitt allegedly suffered a broken leg, or any injury, after the date they purchased him.
20 36. At no time did Nowlin or Connaughton call a veterinarian to examine Brad Pitt
21
for such alleged injury.
22
37. At no time did Nowlin or Connaughton obtain permission from either Plaintiff to
23
kill Brad Pitt, and certainly not in the method used.
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38. When Baxter explained that they wanted Brad Pitts body, Nowlin laughed and
25

AMENDED COMPLAINT - 6 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 asked why. Baxter explained that individuals had donated money for the rescue and they wanted
1
to have a ceremony. Nowlin said that he could be picked up the next day but they needed to
2

3 arrive by 10 a.m. Baxter responded that Thorley was already en route.

4 39. Thorley and Ashley Lenton arrived at about 3 p.m. on September 7, 2016 but

5 nobody was present. Thorley and Lenton walked to the back of the feedlot to try to locate Brad

6 Pitt, by sight or scent. They could not.

7 40. A Latino man then pulled up in his truck and asked what they were doing.
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Thorley explained she was looking for her horses body. He asked what she meant. She said her
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horse died and she believed his body was in the bushes to the left of the feedlot. The man
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remarked that she was referencing her land. She asked if she could please enter. He refused,
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saying she needed to talk to Nowlin. She showed him a photo of Brad Pitt and said it was very
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sad for her. He showed no empathy. Thorley then said maybe should they need to involve the
13
authorities. Thorley thanked the man for listening and left.
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41. As they drove off, Thorley called Nowlin. He angrily shouted at her, asking why
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16 she was near his land causing drama. As to Brad Pitts demise, Nowlin explained that he

17 showed up at the lot, saw him with a broken leg, and gave him a cocktail. When asked by

18 Thorley if he died in peace, Nowlin responded that he hit the ground within thirty seconds.

19 Nowlin added that he had done it before to other horses. She asked what he gave, and he said a
20 chemical that turns a horses blood blue. Nowlin showed no remorse and said he could not have
21
an injured horse at his property. Nowlin added that Brad Pitt may have hurt his leg on the fence,
22
but Thorley and Lenton looked closely at the fencing and found no damage. Nowlin asked why
23
she told the Latino man she would call the police. Thorley responded that she was hurt and
24
confused. Nowlin laughed, saying the police would not touch him, as he knows them all.
25

AMENDED COMPLAINT - 7 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 42. Thorley told Nowlin she wanted Brad Pitts body. He asked why. She said people
1
had donated to his rescue and gelding fund and it was the right thing to do. He said if she could
2

3 arrive before noon the next day, she could have him.

4 43. At or about 4 a.m. on September 8, 2016, Thorley and Ashley Ditter drove to

5 Yakima and rented a U-Haul.

6 44. On their arrival at Nowlins feedlot, Nowlin was absent, but customers were
7 present. When Nowlin did arrive, he said he wanted to wait until the customers had gone before
8
she could take Brad Pitts body. Thorley agreed. Nowlin was wearing a black T-shirt with a
9
grave and shovel on it. This unnerved Thorley.
10
45. A very large man named Dusty then appeared. He claimed to have witnessed the
11
whole thing, from seeing Brad Pitt injured to Nowlin ending his life. By his demeanor and
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behavior, Thorley took Dustys presence as an attempt to intimidate. Nowlin then told Thorley
13
on average four or five studs died per month at his lot.
14
46. Nowlin asked Thorley to back the U-Haul up. Nowlin drove his Bobcat digger
15

16 into the bushes where, the day before, Thorley and Lenton suspected Brad Pitts body was

17 hidden.

18 47. As Nowlin hauled Brad Pitt from the bushes, Thorley noticed that his intestines

19 were hanging out, though undamaged.

20 48. Nowlin loaded Brad Pitt in the U-Haul. Thorley assisted, as Brad Pitts leg was
21
stuck on the door. Brad Pitts eyes were bleeding.
22
49. Thorley and Ditter then drove Brad Pitt to Thurston County for a necropsy by
23
equine veterinarian Sean Tuley, DVM, who confirmed animal abuse. Thereafter, veterinarian
24
Victoria L. Smith, DVM also confirmed animal abuse.
25

AMENDED COMPLAINT - 8 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 50. Specifically, inter alia, Dr. Smith opined that the severe injuries suffered by the
1
horse Brad Pitt were painful, extremely distressing and debilitating, and probably magnified by
2

3 the malicious administration of amphetamines, that he suffered great physical harm and

4 substantial pain, both resulting in inordinate suffering for an extended period of time, that

5 intentional acts led to undue suffering, and that allowing the horse to endure trauma and

6 pain, especially by administering amphetamines for such a malicious purpose, unmistakably

7 displays an extreme indifference to the horses life.
8
51. On or about September 9, 2016, Thorley texted Nowlin that she would like to pay
9
the board for Brad Pitt. Nowlin refused, saying they should call it even.
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52. In killing Brad Pitt by administering the aforementioned cocktail, Nowlin
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engaged in the practice of veterinary medicine as defined by RCW 18.92.010.
12
53. Nowlin has never been licensed to practice veterinary medicine in the State of
13
Washington.
14
54. Nowlin has never been licensed to practice as a veterinary technician in the State
15

16 of Washington.

17 55. At the time he killed Brad Pitt, he was not under immediate, direct, or indirect

18 supervision of a licensed veterinarian or a licensed veterinary technician.

19 56. In killing Brad Pitt, Nowlin acted inconsistently with accepted veterinary medical
20 practices.
21
57. In killing Brad Pitt, Nowlin engaged in the unlawful practice of veterinary
22
medicine, which is a crime per RCW 18.92.240.
23

24

25

AMENDED COMPLAINT - 9 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 58. On information and belief, Nowlin has made material misrepresentations,
1
including directly and by implication, including by omission of material facts to members of the
2

3 public, and/or engaged in unconscionable and unfair conduct, in the conduct of trade and

4 commerce, intrastate and interstate, including but not limited to:

5 A. Statements to potential buyers concerning presence or absence of animal

6 disease on his feedlot, such as strangles;

7 B. Fostering an appearance of normalcy to members of the public, including
8
potential buyers, while shielding from view or attempting to conceal neglect, abuse, torture, and
9
cruelty toward numerous animals;
10
C. Refusing to release animals to the custody of those who have purchased them
11
from him based on statements concerning their health or condition;
12
D. Failing to protect animals who have been purchased from him and/or are
13
boarding with him by allowing them to suffer, sustain physical injury, or die from deprivation of
14
shelter, sanitation, necessary food, necessary water, and/or medical attention;
15

16 E. Failing to clearly and conspicuously, in writing, disclose all terms and

17 conditions related to the selling, leasing, and/or boarding of animals at his feedlot;

18 F. Failing to furnish humane care to animals who have been purchased from

19 and/or are boarding with him until they are removed from the premises by the buyer while
20 engaging in, or causing others to engage in, animal abuse and neglect; and
21
G. Engaging in the unlawful practice of veterinary medicine.
22
59. Each of the Plaintiffs suffered severe emotional distress arising from the unlawful
23
torturing and killing of Brad Pitt, and other acts and omissions described herein.
24
60. The foregoing acts and omissions were deceptive and/or unfair, occurring in
25

AMENDED COMPLAINT - 10 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
 Defendants conduct of trade or commerce, and injured the Plaintiffs. On information and
1
belief, Nowlins deceptive and unfair acts harmed others, had the capacity to injure others, and
2

3 have the continued capacity to injure even more.

4 61. Plaintiffs are entitled to recovery of actual damages sustained as a result of said

5 deceptive and unfair acts, reasonable attorneys fees and costs of suit, treble damages under

6 RCW 19.86.090, and injunctive relief.

7 62. This case is not subject to mandatory arbitration.
8
CLAIMS FOR RELIEF
9
63. Defendants are liable to Plaintiffs based on the following legal claims and
10
doctrines, stated in the alternative under CR 8(e)(2), related to, inter alia:
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64. First Claim Theft of Livestock (RCW 4.24.320)
12
65. Second Claim Breach of Bailment
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66. Third Claim Outrage
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67. Fourth Claim Conversion
15

16 68. Fifth Claim Breach of Contract

17 69. Sixth Claim Consumer Protection Act (Ch. 19.86 RCW)

18
PRAYER
19
Plaintiffs seek judgment against Defendants as follows:
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A. For economic damages, representing the value of Brad Pitt; travel expenses; hauling
21 expenses; veterinary expenses;
22 B. For actual, incidental, and consequential damages arising from breach of contract;
23 C. For noneconomic damages;
24 D. For prejudgment interest on liquidated sums;

25 E. For treble damages under RCW 4.24.320;

AMENDED COMPLAINT - 11 ANIMAL LAW OFFICES OF
A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
1 F. For treble damages under RCW 19.86.090;

2 G. For injunctive relief, pursuant to the Consumer Protection Act, seeking an order to

3 protect the public interest and to enjoin Nowlin:

4
i. From possessing or using controlled substances used to humanely euthanize a

nonhuman animal without proper registrations, licenses, and permits;

5
ii. From engaging in or causing others to engage in acts of animal cruelty under
6
federal, State, and local law, including but not limited to Ch. 16.52 RCW;
7
iii. From failing to clearly and conspicuously, in writing, disclose all terms and
8
conditions related to selling, leasing, and boarding of any animals;
9
iv. From performing veterinary medicine without a license in violation of RCW
10
18.92.240;
11
v. From misappropriating and misusing animals sold by Nowlin to others;
12
vi. From failing to properly quarantine sick animals to prevent them from
13
infecting other animals boarded and purchased at his premises;
14 vii. From misrepresenting to potential buyers the presence or absence of disease
15 on his property, including but not limited to strangles;
16 viii. From misrepresenting to buyers, directly or by implication, the health or
17 condition of an animal;

18 ix. From failing to promptly provide breed registry papers on sold horses to

19 buyers at time of sale, such as those from the Jockey Club;

20 x. From engaging in other deceptive and/or unfair practices as the court deems

21
appropriate and to amend to conform to evidence as presented at trial.

H. For reasonable attorneys fees as allowed by RCW 4.24.320, RCW 19.86.090, by law
22
or equity;
23
I. For costs of suit;
24
J. For postjudgment interest at 12% per annum or the highest rate permitted by law,
25

AMENDED COMPLAINT - 12 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com
1 whichever is higher, pursuant to RCW 4.56.110;

2 K. For such other and further relief as the Court may deem just and proper.

3 L. NOTICE: Each of the Plaintiffs intends to seek money damages in excess of the fee-

4
shifting cap set forth by RCW 4.84.250-.280, as amended.

5 Dated this April 4, 2017

6 ANIMAL LAW OFFICES

7
_________________________________
8
Adam P. Karp, WSBA No. 28622
9 Attorney for Plaintiffs

10
CERTIFICATE OF SERVICE
11
I certify that I served the foregoing on the following person in the following manner:
12
By Mail (sent 4/4/17):
13
David Burton Trujillo
14
4702 Tieton Dr. Ste. A
Yakima, WA 98908-3483
15 (509) 972-3838
tdtrujillo@yahoo.com
16

17 _________________________________
Adam P. Karp, WSBA No. 28622
18

19

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21

22

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24

25

AMENDED COMPLAINT - 13 ANIMAL LAW OFFICES OF

A D A M P. K A R P , E S Q .
114 W. Magnolia St., Ste. 400-104 Bellingham, WA 98225
(888) 430-0001 Facsimile: (866) 652-3832
adam@animal-lawyer.com