In a small claims case between a trapper and a trap springer, a judge found the trap springer liable, but didn’t award any damages to the trapper.
Trapper John Forrest sued hiker Kathleen Turley for springing his lawfully set traps on Davies Creek Trail in Juneau. Turley had made headlines in January for also freeing a bald eagle from two traps.
In his decision, Judge Thomas Nave addresses each trap Kathleen Turley admitted to springing last December.
Nave wrote that Turley was justified in springing the marten trap closest to the unintentionally caught eagle she was freeing.
Regarding the other trap near the trailhead that she sprung twice over two days, the judge didn’t find Turley justified. In her concern for dogs and other hikers, Nave wrote, “Other alternatives existed.”
Even though Nave found Turley liable, he stated John Forrest failed to prove his damages during the small claims case that took place over two days. Forrest had testified he was owed up to $750 but Nave wrote he offered no evidence, like a weekly log of what animals he traps.
Forrest’s lawyer Zane Wilson asked for an additional $500 in punitive damages. That was denied as well because he didn’t prove Turley sprang the traps out of malice.
Turley saw the decision as a win-win. She was relieved because she doesn’t have to pay anything toward what started out as a $5,000 complaint. And she hopes it’ll make Forrest and other trappers happy.
“They wanted to make a point that it’s not OK to spring people’s traps and they’ve made that point because they won as far as that goes,” she said. “And for me, it’s more important that I didn’t have to pay anything.”
Turley said the whole experience has been frustrating and stressful and she’s glad it’s over. She stands by what she did, but said, “I definitely don’t condone springing traps. (The) situation I did it in were extreme circumstances but I don’t condone springing traps just because they’re inconvenient to you or because you feel like they shouldn’t be there.”
Her lawyer Nick Polasky, who took the case pro bono, called the judge’s decision “splitting the baby” and wrote in an email “each side has something to be pleased with.”
Neither Forrest nor his attorney Zane Wilson returned calls for comment. Pete Buist, a spokesman for the Alaska Trappers Association, was pleased with the decision, “As a trapper, as a guy who occasionally speaks for trappers, I think it’s pretty good.”
Buist said it’s unfortunate Forrest didn’t get an award for damages, but he calls the decision fair.
“The bottom line was this was not about an eagle, nor was it about money. It was about showing the defendant–and the DA for that part–that we’re a country of laws. There’s a law that you can’t do those sorts of things and she ignored the law and went ahead and did it,” Buist said.
Alaska Wildlife Troopers originally cited Turley for illegally hindering lawful trapping, but the district attorney asked for the judge to throw out the case.
Buist said the whole situation has spurred interest for trappers in Juneau to organize.
“They held a little meeting in Juneau about forming a formal trappers association or a chapter of ATA in Juneau so people could sort of stick together,” Buist said.
He says it would help trappers to communicate with each other, help coordinate efforts to work with other trail users, educate trappers about where they should and shouldn’t trap and educate the public about the law that says you can’t just go around springing traps.
Editor’s note: A separate, earlier story on KTOO.org was updated with a similar headline.
