In 2023, Tim Thomas, a 62-year-old resident of Pennsylvania, became embroiled in a legal battle against the Pennsylvania Fish and Boat Commission (PFBC) after state water conservation officers entered his property unlawfully. Following multiple unconsented visits by officer Ty Moon, who trespassed on the couple’s lakeside home where Thomas’ wife, Stephanie, was incapacitated during her recovery from stage 4 breast cancer, Thomas initiated a federal lawsuit. His primary aim was to challenge the expansive powers granted to PFBC, which allow officers to enter private property without a warrant or consent. “This should never happen to anyone else,” Thomas asserts, highlighting the fundamental violation of their Fourth Amendment rights.
The incident escalated on Mother’s Day, May 14, 2023, when Thomas was confronted by Moon while picking flowers. The officer accused him of illegal fishing, despite Thomas maintaining an untarnished history with hunting and fishing permits prior to this encounter. The absurdity of the accusations became more evident when Thomas learned that Stephanie, who was hiding from Moon out of fear, was not mentioned in the officer’s narrative. After months of unjust citations, during which Thomas maintained his innocence, Moon’s claims resulted in an unwarranted fine of over $400. Even after contacting superiors at the PFBC, who ultimately dropped the charges, Thomas felt compelled to pursue legal action as he sensed the officer had personal vendetta against him.
The situation further deteriorated when Moon returned to the Thomas property in August 2023, again without a warrant. Thomas’ attempts to confront Moon about his trespassing were met with the officer’s dismissive attitude, and Moon continued to claim the authority to enter the property. This second unwarranted search resulted in Moon accusing Thomas of conducting illegal fishing activities, during which he supposedly observed Thomas using excessive fishing lines from a distant location. Nevertheless, Thomas refuted these allegations, stressing that the officer’s invasive actions infringed on his family’s privacy and safety, particularly affecting his sick wife.
Despite Thomas’ appeal of the citation to a Commonwealth court, which resulted in a favorable ruling, the victory was bittersweet. Tragically, shortly after the court decision, Stephanie passed away after a prolonged battle with cancer. She had been deeply concerned about the repeated harassment from the regulatory officer, believing that Moon would not relent until he had fully pursued Thomas through the legal system. Thomas’ resolve to take a stand against what he termed “abuse of power” was motivated by the ongoing struggle to protect their basic constitutional rights and a desire to prevent future unwarranted state intrusion on private properties.
Thomas’ case underscores a broader issue regarding the interpretation of Pennsylvania’s regulations that empower PFBC officers to enter private properties seemingly without oversight or accountability. The current state law, which allows these officers to operate without the usual checks required of law enforcement, raises serious constitutional concerns that are brought to light by Thomas’ experiences. Legal experts from the Institute for Justice, which is representing him in his lawsuit, argue that this leniency presents a significant threat to individual privacy rights and apparent violations of the Fourth Amendment.
As his legal battle unfolds, Thomas continues to advocate for changes to these laws to safeguard others from similar experiences. His actions are not motivated by financial gain but rather a commitment to uphold the constitutional protections that should shield individuals from unwarranted government intrusion. “I’m willing to invest whatever time it takes so nobody else has to go through the loss of basic constitutional rights,” he expressed, embodying the spirit of a citizen determined to challenge state overreach and preserve the sanctity of private property. His plight highlights a critical conversation about the balance of state authority and individual liberties, as Americans confront cases that threaten the foundations of their civil rights.
