NASHVILLE, Tenn. (WTVF) — A Davidson County woman is suing three agents with the Tennessee Wildlife Resources Agency (TWRA) after they raided her home and seized all 13 of her captive-bred, birds of prey in August of last year.
NewsChannel 5 Investigates first reported that months after agents raided Holly Lamar's home, one of her prized falcons died while in state custody.
A judge later ordered the return of all the seized birds and said the "search and seizure were made illegally with an invalid search warrant, and in violation of the constitutional protection against unreasonable searches and seizures."
Holly Lamar claims in the federal civil rights lawsuit that agents Russell "Rusty" Boles, Matthew Norman and Darren Rider violated her constitutional rights.
She claims agents maliciously prosecuted her and falsely charged her with 30 criminal offenses.
Prosecutors dropped all criminal charges against Lamar shortly after her birds were returned.
The lawsuit claims Lamar's business and reputation were damaged and that the business she started, "Wing Blade Falconry - Bird of Prey Displays and Education," has not recovered.
The business featured various birds including falcons, hawks and owls.
The lawsuit further claims the agents seized Lamar's birds because she had recently filed a complaint against one of the TWRA agents.
It also alleges agents discriminated against Lamar because she is a woman.
It claims other male bird owners were doing the exact same thing and they were not targeted by agents.
Lamar's attorney, Ben Raybin said, "Our lawsuit alleges that these TWRA officers unconstitutionally seized Ms. Lamar’s birds, maliciously prosecuted her, and ruined her lawful business. After months spent defending herself at great emotional and financial cost, she is looking forward to going on the offensive and holding these officers accountable for everything they took from her.”
Earlier this year in court, TWRA agents testified they did not know why the falcon died in state custody.
Agents said the birds were well cared for by trained people.
They said they seized the birds because Lamar exceeded the number of birds allowed by her permit.
TWRA has said it is investigating the falcon's death.
It said the bird was seven years old and that can be its natural life span.
Lamar is seeking money for "loss of earning and earning capacity" as well as "past and future emotional suffering and distress."
TWRA declined to comment on the lawsuit.
