Nearly a decade after Fulton County seized his horses over allegations of animal mistreatment, a South Fulton horseman's fight to receive just compensation for his property has become a potentially precedent-setting constitutional case.
Brandon Fulton, whose seven horses were seized in 2017, appeared Tuesday outside the 11th U.S. Circuit Court of Appeals in downtown Atlanta, where judges heard arguments in his long-running lawsuit against Fulton County.
Fulton was never indicted, and the allegations against him were dismissed in 2018. But by the time he sought the return of his horses, the animals had been sold or transferred by rescue organizations entrusted with their care.
Fulton sued the county, arguing that its failure to return the animals or compensate him violated the Fifth Amendment's Takings Clause, which protects private property from being taken by the government for public use without just compensation.
A three-judge federal appeals panel previously sided with Fulton on his right to pursue a constitutional claim, prompting further review by the full appeals court.
Tuesday, during more than an hour of arguments, judges focused on whether Fulton should have pursued other legal remedies under Georgia law before bringing his constitutional claim in federal court.
His attorney, Brian Williams, argued that the Fifth Amendment itself provides a legal avenue for seeking compensation, regardless of other remedies that may have been available.
"He chose to bring a federal claim, which was his right," Williams told CBS News Atlanta.
Williams acknowledged the legal complexities but said the underlying principle is straightforward.
"The merits of the claim are clear to a layperson," he said. "Where it gets tricky is the legal technicalities about how you bring a claim in court."
Fulton maintains that rescue organizations sold his horses before the criminal case against him was resolved, despite agreements he says required the animals to be held until its conclusion.
"The final disposition wasn't until 2018," Fulton said. "So how are all the horses being sold prior to 2018?"
Speaking outside the courthouse while sitting on horseback, Fulton said the dispute has become about more than the animals themselves.
"This is my livelihood," he said. "This is my life."
He also questioned the county's treatment of him throughout the ordeal.
"They don't treat me equal under the Constitution and value what I stand for," Fulton said. "And there's many more out there like me."
If the appeals court upholds the earlier panel's ruling, Fulton could continue pursuing financial compensation from the county. The case could also eventually reach the U.S. Supreme Court.
A written ruling is expected in the coming months.
As for the horses, nearly 10 years after they were seized, Fulton still does not know where they are, and suspects he may never see them again.
