‘Missouri Primate Foundation v. PETA’ Case Summary
Case Name: Missouri Primate Foundation, et al. v. People for the Ethical Treatment of Animals, Inc., et al.
Index Number: 4:16-cv-02163
Court: U.S. District Court for the Eastern District of Missouri
In November 2016, PETA initiated a lawsuit against the now-defunct Missouri Primate Foundation (MPF), a private residence in Festus, Missouri, where chimpanzees were kept in cages in its prison-like basement and additions built onto the home; its principal, Connie Casey; and Andrew Sawyer, Jane Doe 1, and Jane Doe 2, owners of chimpanzees boarded there indefinitely, alleging violations of the federal Endangered Species Act (ESA).
Factual Basis
For years, MPF was the primary source of chimpanzees who were sold into the entertainment industry and the exotic-pet trade. By 2016, after captive chimpanzees were listed as endangered and their sale was strictly limited, the facility had become a warehouse for unwanted animals. Many of the chimpanzees at the site had been bred there and exploited for entertainment or as “pets” before they became too large and dangerous to handle and were returned.
The chimpanzees lived amid trash, their own waste, cockroaches, and flies. The stench of urine in one room was so overwhelming that one volunteer couldn’t enter. Several of the primates were exhibiting signs of overgrooming, which can indicate psychological distress. Most of them had no regular access to the outdoors, and some had no access at all, including one who was kept in solitary confinement. None of the cages provided any meaningful opportunity for the animals to climb or exercise, and none of them were allowed outdoors in the winter. They were denied regular veterinary care, which was typically provided only when life-threatening health issues had become dire.
Notice of Intent and Filing
In November 2016, PETA and a longtime volunteer at the facility sent MPF, its owner, and Sawyer notice of their intent to sue—a legal prerequisite to a lawsuit under the ESA—alleging that keeping the chimpanzees in barren and unsanitary enclosures in which they were deprived of the social contact, physical space, and environmental enrichment necessary to engage in species-typical behavior crucial to their well-being and denying them an adequate diet and regular veterinary care violated the ESA.
In response, and before the 60-day notice period had closed, the putative defendants sued PETA, seeking a declaration that they were not violating the ESA as well as an injunction to prevent PETA from filing its ESA claims. They also sued PETA and its coplaintiff.
PETA’s Lawsuit
PETA proceeded to file its valid claims and obtained a swift dismissal of the putative defendants’ complaint in its entirety.
PETA’s lawsuit quickly won a reprieve for two chimpanzees boarded at the facility. Their owners—the Jane Doe defendants—agreed to surrender the animals to accredited sanctuaries, which was PETA’s requested remedy.
In 2018, MPF transferred ownership of the remaining chimpanzees to Tonia Haddix, an exotic-animal broker who sells primates and other animals to the pet trade and roadside zoos. PETA promptly added Haddix as a defendant in the lawsuit and filed its amended counterclaim.
Then, in 2020, PETA negotiated a consent agreement that allowed Haddix to keep three of the chimpanzees at the site if she met certain conditions—including constructing appropriate facilities for the animals—and allowed PETA to transfer the remaining four chimpanzees to an accredited sanctuary. The agreement specified that if Haddix failed to satisfy the conditions, all seven chimpanzees were to be transferred to a true sanctuary. Haddix failed to satisfy most of her obligations, and in June 2021, the court granted PETA’s motion for an order to show cause and scheduled a hearing for the following month.
Almost immediately after that order, Haddix began to claim that Tonka, one of the seven chimpanzees to be transferred, had died the weekend prior. She and her husband, Jerry Aswegan, submitted sworn declarations to the court describing how Tonka had allegedly been found dead and how they had purportedly disposed of his body by burning it in an outdoor burn pit. After the order to show cause hearing in July 2021, which was held after Haddix failed to present any evidence that Tonka had died, the court ordered that all seven animals be transferred to an accredited sanctuary. Haddix then filed a frivolous and unsuccessful appeal with the U.S. Court of Appeals for the 8th Circuit.
When PETA arrived at MPF to transfer the seven remaining chimpanzees later that month, Tonka was not present. At a January 2022 hearing, Haddix cried repeatedly in open court as she described how she had allegedly found him dead and how they had purportedly disposed of his body. PETA presented expert testimony establishing that the manner in which Tonka’s remains were supposedly burned was a physical and scientific impossibility. The court credited that testimony and questioned Haddix’s veracity but declined to hold her in contempt because PETA could not identify where Tonka was.
After PETA received a tip that Haddix was keeping Tonka at her new residence and was planning to “euthanize” him within days because he was allegedly suffering from congestive heart failure, PETA submitted under seal an ex parte motion for a temporary restraining order to prevent her from euthanizing him or removing him from where he was located at that time. When the U.S. Marshals Service served the order on Haddix, it confirmed that Tonka was alive, concealed in a small cage in her basement. He could take only a few steps in any direction, he was not allowed to go outside, he couldn’t feel the sun or the grass beneath his feet, he had no companionship with other chimpanzees, he was substantially overweight, and he was not receiving proper veterinary care.
After his rescue, an extensive physical exam performed by veterinarians experienced with chimpanzees showed that Tonka was not suffering from congestive heart failure. Haddix had apparently been giving him massive doses of drugs that he didn’t need and intended to “euthanize” him for no medical reason. He is now thriving in a group of chimpanzees at an accredited sanctuary.
The court issued Haddix a contempt sanction of nearly $225,000 to reimburse PETA for the fees and cost incurred to disprove her hoax and otherwise obtain compliance with the consent decree.
