Miles Thomas loves his dog, Baron. Mr. Thomas is 73 years old. He has been a resident of Dauphin County, Pennsylvania for over 50 years. He used to own a business and was on the School Board for the Harrisburg District. Mr. Thomas is a veteran.

Mr. Thomas lost his wife a few years ago to Alzheimer's disease. He has a heart condition.  Like many Americans, Mr. Thomas has had a tough time economically and this past year in early 2009 he lost his home. But he has his dog, Baron who has been with him since 2003.

When he was forced to live in his car, Mr. Thomas did arrange for Baron to stay with a foster family as much as possible. 

Then in early summer, Mr. Thomas was able to arrange to stay in a motel and could have Baron with him all the time. One day he and Baron got in the car to drive to get some lunch. Mr. Thomas stopped at a restaurant, locked the car but left the windows down and left Baron in the car.  The temperature was reported to be 76 degrees with a breeze blowing. 

When Mr. Thomas returned to the car, the dog had been seized by the police and a representative from the Harrisburg Area Humane Society (HAHS).  He went to HAHS to get his dog back, but HAHS refused to return Baron to him. 

According to Mr. Thomas, an HAHS employee then came to his motel room a few days later and berated him and threatened to arrest and jail him unless he relinquished ownership of Baron.  He has not seen Baron since the dog was taken from him. 

Harrisburg Area Humane Society says the dog was standing in its own waste in the car when its employees seized him. HHS says the dog did not have ready access to water and required veterinary care. Mr. Thomas claims the dog was in "perfect health" and that HAHS has not provided any evidence Baron needed veterinary care at the time he was taken.  Mr. Thomas has never been charged with animal cruelty.

Indeed, Mr. Thomas and his attorney say that HAHS has more than 500 dogs at its facility that are living in filthy conditions with insufficient staff to care for them. It is HAHS, say Mr. Thomas and his attorney, Andrew J. Ostrowsky, that is committing animal cruelty.  

HAHS has refused to release the dog to Mr. Thomas. Mr. Thomas has filed a lawsuit in federal court asking for the return of his dog. He is also seeking compensatory and punitive damages for what he alleges is illegal seizure of Baron, defamation in saying he is cruel to animals or neglected Baron, denial of due process, animal cruelty, and  a conspiracy in violation of Pennsylvania law to acquire and resell dogs. Mr. Thomas filed a motion for a temporary restraining order asking Judge John E. Jones III to return his dog to him or prevent HAHS from transferring or destroying Baron or withholding veterinary care from him. 

The judge did order HAHS could not transfer or destroy Baron pending further hearing.

That was in August.  On October 8 following a hearing on a motion for preliminary injunction, the parties agreed to a 6 months stay in an effort to try to resolve the case. Baron was put in foster care, but the arrangement fell through apparently because the foster parent would not agree to regular visits by HAHS.

Mr. Thomas and his attorney went back to court with a motion to lift the stay and for a preliminary injunction for return of the dog, Baron. This past week on November 19, Judge Jones issued an opinion denying Mr. Thomas his dog at this time, saying Baron must stay with HAHS until the entire case is resolved.

The judge's frustration with the parties was evident in his opinion. He noted that he has two dogs and it "tugs at our heart strings" to know Baron, an "adorable dog" will not have an owner while the case continues. The judge described the case as "wildly out of control". He urged the parties to put aside what may be their larger agendas and think about the dog.  One critic pointed out that perhaps the judge simply doesn't want to be bothered with a dog custody case.

There are significant "agendas" or larger issues raised here about homelessness and pet caregiving, the role of humane societies in stopping animal cruelty, helping citizens keep their pets and providing a place for unwanted animals; and support that may be required to improve staffing and kennel conditions at public shelters.

In the meantime, until the facts of this case are decided, nothing should stop HAHS from placing Baron in a foster home with regular visits from Mr. Thomas. Maybe he could see his dog this Thanksgiving.