Case v. United States Department of Agriculture

MEMORANDUM

CALDWELL, District Judge.

I. Introduction and Background.

The defendants have filed motions for summary judgment. Plaintiffs’ complaint arises from a quarantine imposed on certain counties in Pennsylvania by the state and federal governments following an outbreak of avian influenza. Plaintiffs oper ate a hatchery in one of the counties. The complaint alleges violations of several constitutional rights guaranteed by the fifth and the fourteenth amendments. Specifically, plaintiffs claim a taking of their property without just compensation, a due process violation and an equal…