Prior Animal Law Cases of the Month
January, 2012
Center for Biological Diversity v. Salazar , Slip Copy, 2011 WL 6000497 (D.Ariz.). Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment entitled to protection under the ESA. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA.
Adrian v. Vonk, --- N.W.2d ----, 2011 WL 6260860 (S.D.). Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that state's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.
Phillip v. State, --- S.E.2d ----, 2011 WL 6187084 (Ga.App.). Defendant was sentenced to 17 years imprisonment after entering a non-negotiated guilty plea to 14 counts of dogfighting and two counts of aggravated cruelty to animals. Upon motion, the Court of Appeals held that the sentence was illegal and void because all counts, which were to run concurrently, had the maximum prison sentence of five years.
State v. Morival, --- So.3d ----, 2011 WL 6058299 (Fla.App. 2 Dist.). Defendant moved to dismiss charges of two felony counts of animal cruelty. The District Court of Appeal held that systematically depriving his dogs of nourishment was properly charged as felony animal cruelty rather than misdemeanor. Defendant fed his dogs so little that this amounted to “excessive or repeated infliction of unnecessary pain or suffering” rather than “depriv[ing an animal] of necessary sustenance.”
Dog Case of the Month
Pierce, County, WA fee requirement to challenge county's dangerous animal declaration (DAD) violates due process. Downey v. Pierce County, --- P.3d ----, 2011 WL 5931911 (Wash.App. Div. 2).
December, 2011
O'Neill v. Louisville/Jefferson County Metro Government, --- F.3d ----, 2011 WL 5345409 (C.A.6 (Ky.)). Dog owners sued city-county government and director of city animal-control agency under § 1983 for violations of Fourteenth Amendment after a warrantless search of home and seizure of their dogs. The Court of Appeals held that the owners did not need a breeder's license because their home was not a “Class A kennel.” It also held that the initial entry into owners' home by undercover animal-control officers was not a Fourth Amendment search because it did not infringe on owners' expectation of privacy.
Com. v. Linhares, --- N.E.2d ----, 2011 WL 5517133 (Mass.App.Ct.). Defendant was convicted of cruelty to animals after he intentionally hit a duck with his car in a mall parking lot as the duck crossed the road with her baby ducks. The conviction was upheld by the Appeals Court because, in cases involving the direct infliction of pain on an animal, all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain.
Sawh v. City of Lino Lakes, 800 N.W.2d 663 (Minn.App.,2011). The city council ordered the destruction of a dog after finding it to be a dangerous animal and the owner appealed. The Court of Appeals held that procedural due process required that the owner should have been given a meaningful opportunity to contest the declaration of the dog as a “potentially dangerous animal” before it was declared a “dangerous animal” under the city ordinance.
Siegert v. Crook County, --- P.3d ----, 2011 WL 5402078 (Or.App., 2011). An individual appealed County Court’s decision to approve the location of a dog breeding kennel in a zone where such kennels were not permitted. The county interpreted the code that was in effect at the time the kennel began operating to allow dog breeding as animal husbandry, and thus permissible farm use. The Court of Appeals found the county's interpretation to be plausible.
Tennant v. Tabor, --- N.Y.S.2d ----, 2011 WL 5433831 (N.Y.A.D. 4 Dept.). Motorist collided with a horse and sued horse owners for damages. The Supreme Court held that, even if horse owners violated statute requiring them to provide shelter to horse, this did not constitute common-law negligence, which was required for damages.
Dog Law Case of the Month
Summary judgment appropriate where puppy getting underfoot thereby tripping and injuring housekeeper did not present an unreasonable risk of harm. Williams v. Galofaro, --- So.3d ----, 2011 WL 5402984 (La.App. 1 Cir.).
November, 2011
Anderson v. City of Camden, 2011 WL 4703104 (D.S.C.,2011). Defendant Animal Control officers took Plaintiffs' two dogs, both German Shepherds, pursuant to a pick-up order issued by a Magistrate. Plaintiffs filed Fourth Amendment claim, as well as state law claims against defendants. The court noted that this case presented a distinct issue for the Fourth Circuit concerning the seizure of vicious dogs: the dogs were not roaming, but at their owners' residence and picked up based on an order from a neutral magistrate.
Sixth Angel Shepherd Rescue, Inc v. Bengal, 2011 WL 4867541 (C.A.3 (Pa.),2011) (unpublished). Sixth Angel Shepherd Rescue rescued three dogs from North Carolina and had them delivered to Pennsylvania. The Pennsylvania Bureau of Dog Law Enforcement seized them and turned them over to Appellants PSPCA. Returning the dogs to their owner served the public interest by settling property rights and allowing Sixth Angel to fulfill its mission of finding homes for the dogs.
Jenkins v. State, 2011 WL 4825636 (Wyo.,2011). Defendant was convicted of misdemeanor animal cruelty. Defendant appealed, claiming ineffective assistance of counsel. The Supreme Court held that he was not entitled to a reversal, because he failed to demonstrate that his counsel failed to render reasonably competent assistance that prejudiced him to such an extent that he was deprived of a fair trial.
Ladnier v. Hester, --- So.3d ----, 2011 WL 5027176 (Miss.App.). Plaintiff motorist sued horse owner for negligence after he collided with the horse that was loose on the highway. The Court of Appeals sustained summary judgment for owner because the motorist produced no evidence that owner 1) had failed to act with reasonable care in enclosing his horses, 2) that horse had a propensity to escape.
Dog Law Case of the Month
Superior Court of Pennsylvania holds that Section 305(a)(1) of the dog law requiring confinement or control does not require any mens rea or scienter; the "clear legislative intent of Section 305(a)(1) is to favor the important public interest in preventing roving dogs." Com. v. Raban, --- A.3d ----, 2011 WL 4582435 (Pa.Super.).
October, 2011
Tarquinio v. City of Lakewood, 2011 WL 4458165 (N.D.Ohio) (unpublished opinion). Plaintiffs sought a declaratory judgment from the court that Lakewood City Ordinance 506.01, which bans pit bull dogs or those dogs with "appearance and characteristics of being predominantly of such breeds," unconstitutional. The court found that the General Assembly intended to allow municipalities to regulate the possession of pit bulls.
Engquist v. Loyas, 2011 WL 4374605 (Minn.,2011). After a 9-year old child was bitten by defendant's dog while at a sleepover at defendant's house, the child's mother sued the dog’s owners on the child's behalf. The appellate court reversed. Specifically, the jury here could have found provocation without any consideration of the victim's knowledge of the danger, and this misstatement prejudiced the defendant.
State v. Bonilla, 2011 WL 3903354 (Conn.App.). The issue before the court in this case is whether defendant's felony conviction for being a spectator at a cockfight (contrary to General Statutes § 53–247(c)) violates defendant's constitutional rights to assemble and associate, and his equal protection rights. In rejecting defendant's arguments, the court noted first that the right to assemble does not encompass the right to assemble for an unlawful purpose.
Dog Law Case of the Month
"Equal knowledge" of dog's vicious temperament precludes recovery against owner-roommate in Georgia premises liability action based on a dog bite. Stolte v. Hammack, 2011 WL 4116153 (Ga., 2011).
September, 2011
Daskalea v. Washington Humane Soc., 2011 WL 3555761 (D.C., 2011). Pet owners sued after their pets were seized, detained, injured, or destroyed by the Humane Society. Pet owners’ attempts to certify a class failed because the claims were not typical. The members of the proposed class allegedly suffered a wide range of deprivations, were provided with different kinds of notice, and claimed distinct injuries. The class certification motion was also denied because the proposed members sought individualized monetary relief.
Defenders of Wildlife v. Hall, --- F.Supp.2d ----, 2011 WL 3359937 (D.Mont.).Several wildlife organizations filed suit to challenge the FWS's Final Rule delisting the gray wolf Northern Rocky Mountain distinct population segment. The case was put on hold pending the outcome of several other legal battles regarding the wolf's status on the Endangered Species List, during which gray wolf protections were reinstated. Then, after Congress passed the 2011 fiscal year budget which contained a provision requiring the FWS to delist the Northern Rocky Mountain DPS, the court dismissed the case for lack of jurisdiction.
In Defense of Animals v. U.S. Dept. of Interior, --- F.3d ----, 2011 WL 3559951 (C.A.9 (Cal.),2011). Plaintiff animal non-profits filed a Motion for a Temporary Restraining Order and/or Preliminary Injunction to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area. Plaintiffs alleged that the government's actions violated the Wild Free–Roaming Horses and Burros Act and the National Environmental Policy Act. However, the initial phase of the plan sought to be enjoined (the roundup) had taken place. The court held that the interlocutory appeal from the denial of a preliminary injunction was moot because the roundup had already taken place.
Allendorf v. Redfearn, 2011 WL 3105714 (Ill.,2011). After a farm employee was injured in an all terrain vehicle (ATV) while trying to round up a bull, he sued the farm owners under the Domestic Animals Running at Large Act. The Appellate Court held that the employee could not recover under the Act, which protects members of the general public who cannot be expected to appreciate the risk posed by an animal. Because the employee was not an innocent bystander but rather was attempting to exercise control over the bull at the time he was injured, he fell within the Act's definition of an “owner” of the bull.
Commonwealth v. Epifania, --- N.E.2d ----, 2011 WL 3435385 (Mass.App.Ct.,2011). Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person.
Dog Law Case of the Month
City not liable for damages where it failed to enforce compliance with vicious dog ordinance and plaintiff could not prove this action exposed her to greater harm. Pray v. Whiteskunk, --- N.W.2d ----, 2011 WL 3207821 (S.D., 2011).
August, 2011
DuBois v. Quilitzsch, --- A.3d ----, 2011 WL 2517021 (R.I.,2011). After a dog injured a city inspector during an inspection of a property, the inspector sued the homeowners. Inspector alleged strict liability, premises liability, and negligence. The Supreme Court entered summary judgment for the defendants on the premises-liability and negligence claims because the inspector failed to show that homeowners had knowledge of their dog's vicious propensities.
People v. Land, --- N.E.2d ----, 2011 WL 2555826 (Ill.App. 1 Dist.,2011). In 2009, Jenell Land was found guilty by jury of aggravated cruelty to a companion animal, a Class 4 felony under Illinois’ Humane Care for Animals Act. Specifically, Land placed a towing chain around the neck of her pit bull, which caused a large, gaping hole to form in the dog’s neck (the dog was later euthanized).
People v. Maikhio, --- P.3d ----, 2011 WL 2437645 (Cal.,2011). Defendant was charged with possession of a spiny lobster during closed season and failure to exhibit his catch as required by a statute. By denying that he had caught anything, defendant failed to display his catch upon demand.
Dog Law Case of the Month
Use of a "bite sleeve" with dog raises question of fact as to knowledge of vicious propensity in dog bite case. Gannon v. Conti, --- N.Y.S.2d ----, 2011 WL 2637562 (N.Y.A.D. 3 Dept.,2011).
July, 2011
Kimes v. Grosser, 2011 WL 2128649 (Ca., 2011). After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The Court of Appeal held that the owner could recover damages for costs incurred in treating the cat even if the costs exceeded the market value of the cat. The owner could also recover punitive damages upon a showing that the shooting was willful.
Kindel v. Tennis, --- N.E.2d ----, 2011 WL 2083981 (Ill.App. 5 Dist.). Plaintiff-employee was injured by a bull owned and controlled by defendants while working on the defendants' farm. The lower court granted defendants' motion to dismiss. The Appellate Court disagreed, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act.
People v. Proehl (unpublished), Not Reported in N.W.2d, 2011 WL 2021940 (Mich.App.). Defendant was convicted of failing to provide adequate care to 16 horses. The court disagreed with defendant's claims, explaining: "Defendant's personal belief that his horses were in good health . . . was therefore based on fallacy, and has no effect on his liability under the statute." The court noted that Defendant’s contention that he was a "hoarder" is based upon a non-adopted bill which, in any event, fails to indicate whether animal hoarding may serve as a proper defense.
Silver v. State, 2011 WL 2437286 (Md.,2011). Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases.
Dog Law Case of the Month
City animal control department protected under Indiana Tort Claims Act after boy was attacked by loose dog in violation of ordinance. Davis v. Animal Control-City of Evansville, --- N.E.2d ----, 2011 WL 2493762 (Ind.).
June, 2011
Fund for Animals v. Hall, --- F.Supp.2d ----, 2011 WL 1379826 (D.D.C.,2011). Environmental organization sued FWS, alleging it failed to comply with National Environmental Policy Act (NEPA) requirements when it opened and expanded hunting in national wildlife refuges.
People v. Brunette, --- Cal.Rptr.3d ----, 2011 WL 1380204 (Cal.App. 6 Dist.). Defendant was convicted of animal cruelty, and was ordered to pay restitution to the Animal Services Authority (“Authority”) that cared for the dogs. The appellate court held that the imposition of an interest charge on the restitution award was not authorized by the statutes. It also held that the Authority was an indirect victim, and was not entitled to direct victim restitution.
Simpson v. Department of Fish and Wildlife, --- P.3d ----, 2011 WL 1486081 (Or.App.,2011). Game ranch owners sought a declaratory ruling from the Depart. of Fish and Wildlife (DFW) as to whether their animals were property of the state. DFW ruled that the state had only a regulatory interest in the game animals. The Court of Appeals affirmed, holding that the State's property interest in the animals was not proprietary or possessory. The State's interest was regulatory, based on a state statute and a regulation adopted by the State Fish and Wildlife Commission.
Dog Law Case of the Month
Court upholds Los Angeles County's mandatory spay/neuter ordinance. Concerned Dog Owners of California v. City of Los Angeles, 194 Cal.App.4th 1219, --- Cal.Rptr.3d ----, 2011 WL 1601919 (Cal.App. 2 Dist.,2011). Dog owners mounted a constitutional challenge to a Los Angeles municipal ordinance that required all dogs and cats within the city to be sterilized.
May, 2011
Defenders of Wildlife v. Salazar, --- F.Supp.2d ----, 2011 WL 1345670 (D.Mont.). The U.S. Fish & Wildlife Service's 2009 Final Rule unlawfully delisted wolves in Idaho and Montana from the Endangered Species Act (ESA). The Court held that it had no authority to decide that it would be more equitable to ignore Congress' instruction on how an endangered species must be protected so that the wolves could be taken under the states' management plans.
Stout v. U.S. Forest Service, 2011 WL 867775 (2011). Plaintiff ranch owners held permits to graze cattle within the Murderer's Creek Wild Horse Territory (WHT), an area in which the threatened Middle Columbia River steelhead was present. The Forest Service approved a wild horse management plan in the area, but failed to prepare a Biological Assessment (BA) beforehand. The Forest Service’s failure to comply with its duty under section 7(a)(2) of the ESA was arbitrary and capricious. The
U.S. v. Wilgus, --- F.3d ----, 2011 WL 1126059 (C.A.10 (Utah)). Defendant Wilgus, who was not a member of a federally-recognized Native American tribe, was found with 137 eagle feathers during a routine traffic stop. The Court of Appeals found that the government's existing scheme for issuing eagle feather possession permits and enforcing the Eagle Act is the least restrictive means of forwarding the government's compelling interests.
People v. Hock, --- N.Y.S.2d ----, 2011 WL 1225699 (N.Y.City Crim.Ct.). Defendant was denied his motion to set aside convictions under New York animal cruelty statute. The Criminal Court, City of New York, held that the 90 day period for prosecuting a Class A misdemeanor had not been exceeded. It would be contrary to the purpose of the law and not promote justice to require that all four necessities be withheld for a conviction.
Dog Law Case of the Month
Missouri court holds that humane society had no third-party liability based on alleged breach of duty to test dog for vicious propensities or warn defendant of risks in adopting dog who has bitten in the past. Miles ex rel. Miles v. Rich, --- S.W.3d ----, 2011 WL 1564030 (Mo.App. E.D.).
April, 2011
People v. Curtis, --- N.E.2d ----, 2011 WL 670084 (Ill.App. 2 Dist.). Defendant owned five cats and housed 82 feral cats in her home. The Appellate Court held that the statute requiring animal owners to provide humane care and treatment contained sufficiently definite standards for unbiased application, and that a person of ordinary intelligence would consider defendant's conduct toward her pet cat to be inhumane.
Sixth Angel Shepherd Rescue Inc. v. Pennsylvania SPCA, 2011 WL 605697 (2011) (Slip Copy). Plaintiff dog rescue received a shipment of dogs from a North Carolina animal shelter which were seized by Pennsylvania SPCA. Plaintiff filed this action, alleging malicious prosecution, abuse of process, a claim that both §§ 459-209(b) and 459-603(c) are unconstitutional, and damages for defamation and “derogatory publication.” The court dismissed all claims except for those relating to the Pennsylvania Dog Law.
State v. Kuenzi, 2011 WL 659380 (2011) (publication decision pending). Defendants charged a herd of 30 to 40 deer with their snowmobiles, cruelly killing four by running them over, dragging them, and leaving one tied to a tree to die. The two men were charged with a Class I felony under Wisconsin § 951.02, which prohibits any person from “treat[ing] any animal ... in a cruel manner.” The Court concluded that the definition of “animal” included non-captive wild animals and rejected the defendants’ argument that they were engaged in “hunting.”
Dog Law Case of the Month
Son visiting parents' house had no duty to restrain pit bull involved in attack on pedestrian absent any evidence showing he possessed or controlled the dog. Muela v. Gomez, --- S.W.3d ----, 2011 WL 648940 (Tex.App.-El Paso).
March, 2011
Pearson v. U.S. Dept. of Agriculture, Slip Copy, 2011 WL 559083, (C.A.6,2011) (unpublished). Petitioner sought review of the decision and order of the Secretary of the USDA, terminating his license to own and exhibit wild animals (82 lions, tigers, and bears), issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975 in violation of the AWA.
U.S. v. Braddock, Slip Copy, 2011 WL 327416 (C.A.4 (S.C.),2011) (unpublished). Defendant-appellants appealed their convictions following guilty pleas to offenses relating to illegal cockfighting and gambling activities. Appellants contend that district court should have dismissed the indictment or granted leave to obtain discovery because they, as Caucasians, were prosecuted federally, while two Hispanic co-conspirators and thirty-six Hispanic people arrested in connection with another cockfighting ring in Hampton County faced only state charges.
Rosenfeld v. Zoning Bd. of Appeals of Mendon, 78 Mass.App.Ct. 677, --- N.E.2d ----, 2011 WL 242734 (Mass.App.Ct.,2011). A zoning board granted landowner’s application for a special permit, and neighbor property owners appealed. The Appeals Court of Massachusetts held that defendant’s proposed use of land for horse stables fit within the agricultural use exception of the zoning ordinance and by-laws, and that plaintiffs had standing to enforce a deed restriction on defendant’s property.
Dog Law Case of the Month
Florida Court of Appeal invalidates Broward County dangerous dog ordinance that conflicts with state law. Hoesch v. Broward County, --- So.3d ----, 2011 WL 408882 (Fla.App. 4 Dist.,2011).
February, 2011
McDougall v. Lamm (unpublished), Not Reported in 2010 WL 5018258 (N.J.,2010). Plaintiff witnessed her dog be killed by Defendant's dog. The court held that Plaintiff’s damages were limited to her dog's “intrinsic” monetary value or its replacement cost. Plaintiff was not entitled to compensation for the emotional distress she experienced in witnessing the attack.
State v. Mita, --- P.3d ----, 2010 WL 5483427 (Haw., 2010). Defendant, an owner of two dogs was charged with animal nuisance. The Intermediate Court of Appeals vacated the judgment of the district court. On certiorari, the Hawaii Supreme Court reversed and remanded the case, finding that the definition of animal nuisance in section 7-2.2 does not create an additional essential element of the offense; and, second, the definition of "animal nuisance" is consistent with its commonly understood meaning.
State v. Murphy, --- A.3d ----, 2010 WL 5353130 (Me.,2010). Defendant appeals her convictions two counts of cruelty to animals. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations.
January, 2011
Eckhart v. Department of Agriculture, --- A.3d ----, 2010 WL 4596316 (Pa.Cmwlth.). A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law (in excess of $150,000) were not excessive or unreasonable.
Oak Creek Whitetail Ranch, L.L.C. v. Lange, --- S.W.3d ----, 2010 WL 4751676 (Mo.App. E.D.). A Missouri statute places liability on a dog owner where such dog kills or maims a sheep or "other domestic animal" of another. The Missouri Court of Appeals, Eastern District, disagreed with the trial court, finding that "domestic" should have been interpreted by the "plain meaning" of the word, which therefore includes Oak Creek’s breeder deer.
People v. Peters, --- N.Y.S.2d ----, 2010 WL 4977555 (N.Y.A.D. 3 Dept.,2010). A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law § 353 to provide a mare and her foal with necessary sustenance, food and drink.
Wrinkle v. Norman, --- P.3d ----, 2010 WL 4539371 (Kan.App.,2010). Wrinkle filed a negligence action against his neighbors (the Normans) for injuries stemming from an incident where he was trying to herd cattle he thought belonged to the Normans back into a pen on the Normans' property. The court found that Wrinkle could not meet the burden under his K.S.A. 47-123 claim that the Normans are liable for cattle running at large.
Dog Law Case of the Month
Absentee landlord's monthly visit to rental house where he rarely saw dog was insufficient to establish strict liability.Sarno v. Kelly, --- N.Y.S.2d ----, 78 A.D.3d 1157, 2010 WL 4907736 (N.Y.A.D. 2 Dept.).
December, 2010
Animal Welfare Institute v. Martin, --- F.3d ----, 2010 WL 4104633 (C.A.1 (Me.),2010). Animal welfare organizations sued the State of Maine under the Endangered Species Act (ESA) to stop the authorization of trapping activity that affected Canada lynx.
Habitat for Horses v. Salazar, --- F.Supp.2d ----, 2010 WL 4151863 (S.D.N.Y.,2010). Plaintiffs assert that the BLM’s decision to remove 60 wild horses from the North Piceance Herd Area violates the Wild Free-Roaming Horses and Burros Act of 1971, NEPA, the Information Quality Act, and the FLPMA.
Humane Soc. of U.S. v. Locke, --- F.3d ----, 2010 WL 4723195 (C.A.9 (Or.),2010). The National Marine Fisheries Service (NMFS) authorized several states to kill California sea lions under section 120 of the Marine Mammal Protection Act (MMPA), which allows the intentional lethal taking of individually identifiable pinnipeds.
Dog Law Case of the Month
Plaintiff approaching injured dog did not constitute provocation, but is relevant to comparative fault in Louisiana dog bite case.Smegal v. Gettys, --- So.3d ----, 2010 WL 4272594 (La.App. 1 Cir.,2010).
November, 2010
Carpenters Indus. Council v. Salazar, --- F.Supp.2d ----, 2010 WL 3447243(D.D.C.). Plaintiffs, Carpenters Industrial Council, among several, averred that the FWS, in designating the owl as a "threatened species," violated the National Environmental Policy Act, the ESA, and the Administrative Procedure Act.
WildEarth Guardians v. Salazar, --- F.Supp.2d ----, 2010 WL 3832061 (D.D.C.,2010). Plaintiff, WildEarth Guardians, brought this action against Ken Salazar, Secretary of the Interior, seeking judicial review of the U.S. Fish and Wildlife Service’s final agency actions pertaining to the Utah prairie dog.
Renzo v. Idaho State Dept. of Agr., --- P.3d ----, 2010 WL 3855338 (Idaho,2010). A tiger habitat developer sued the Idaho State Department of Agriculture under the Idaho Tort Claims Act (ITCA) for breach of ordinary care in refusing to grant exotic animal possession and propagation permits and for intentional interference with developer's prospective economic advantage.
State v. DeMarco, --- A.3d ----, 2010 WL 3860400 (Conn.App.,2010). Defendant appeals his conviction of two counts of cruelty to animals—specifically, cruelty to several dogs found within his home. Evidence supporting the conviction came from a warrantless entry into defendant's home after police found it necessary to do a "welfare check" based on an overflowing mailbox, 10-day notices on the door, and a "horrible odor" emanating from the home.
Dog Law Case of the Month
Texas dog attack law held constitutional because it requires at least a "reckless" mental state. State v. Taylor, --- S.W.3d ----, 2010 WL 3023282 (Tex.App.-Texarkana,2010).
October, 2010
Modesto Irr. Dist. v. Gutierrez, --- F.3d ----, 2010 WL 3274499 (C.A.9 (Cal.)). Plaintiffs contended that, in listing the steelhead as "threatened" under the ESA, the NMFS violated both the ESA and APA. Plaintiffs averred that listing the steelhead as a distinct species under the ESA violated the Act because the steelhead and rainbow trout interbreed.
Western Watersheds Project v. Kraayenbrink, 2010 WL 3420012 (C.A.9 (Idaho)). Plaintiff environmental advocacy organization sued the BLM for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the ESA, NEPA, and FLPMA. The Court held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with FWS before approving the revisions.
Gromer v. Matchett, --- S.W.3d ----, 2010 WL 3467727 (Mo.App. S.D.). Defendant-farmer appeals an award to plaintiff-motorist, whose vehicle was struck by another vehicle after a horse coming from defendant's farm collided with the first vehicle. Defendant asserts that the Stock Law was inappropriately applied where he did not own the livestock in question.
People v. Romano, 2010 WL 3339158 (N.Y.Sup.App.Term,2010). Defendant argued that the term “unjustifiably injures” in the anti-cruelty statute was unconstitutionally vague. The Court held a person could readily comprehend that he or she must refrain from causing unjustifiable injury by failing to groom a pet for several months and seeking medical care when clear, objective signs are present that the animal needs such care.
Dog Law Case of the Month
Landlord's knowledge of a pit bull's vicious propensity prior to lease agreement does not give rise to premises liability in dog bite case. Morehead v. Deitrich, 932 N.E.2d 1272 (Ind.App.,2010).
September, 2010
Defenders of Wildlife v. Salazar, --- F.Supp.2d ----, 2010 WL 3084194 (D.Mont.,2010). Twelve parties challenged the final ruling to delist the Rocky Mountain gray wolf species arguing that the decision violates the ESA by only partially protecting a listed population.
Alliance for Wild Rockies v. Lyder, --- F.Supp.2d ----, 2010 WL 3023652 (D.Mont.). Plaintiffs challenge the FWS' 2009 designation of approximately 39,000 sq. miles of critical habitat for the distinct population segment of the Canada lynx.
State ex rel. Humane Society of Missouri v. Beetem, --- S.W.3d ----, 2010 WL 3167457 (Mo.App. W.D.,2010). The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." One taxpaying Missouri citizen subsequently filed a Petition for Declaratory Judgment and Injunctive Relief, challenging the ballot measure's summary statement as being "insufficient and unfair."
Dog Law Case of the Month
N.C. court reiterates that N.C. state courts have found that, "Rottweilers are aggressive by nature and that it might be negligent not to keep them restrained." Harris v. Barefoot, 2010 WL 3001399 (N.C.App.).
August, 2010
Fabrikant v. French, --- F.Supp.2d ----, 2010 WL 2774043 (N.D.N.Y.). Reacting to complaints, defendants Ulster County SPCA, executed a search warrant resulting in Fabrikant's arrest and seizure of thirteen of her fifteen animals. Plaintiff subsequently asserted that her federal constitutional rights were violated during the course of her criminal prosecution for animal cruelty.
Forest Guardians v. U.S. Fish and Wildlife Service, --- F.3d ----, 2010 WL 2674990 (C.A.10 (N.M.)). Forest Guardians contend on appeal that the USFWS violated section 10(j) of the ESA by releasing captive-bred Falcons within an area not wholly separated geographically from an already-existing Falcon population.
U.S. v. Apollo Energies, Inc., --- F.3d ----, 2010 WL 2600502 (C.A.10 (Kan.)). Apollo Energies, Inc. and Dale Walker were charged with violating the Migratory Bird Treaty Act after an agent with the USFWS discovered dead migratory birds lodged in each appellant's "heater-treater," a piece of equipment used in the course of appellants' Kansas oil drilling businesses, on several occasions.
Dog Law Case of the Month
Finger protruding through hole in chain-link fence does not constitute "implied consent" for entry under dog bite strict liability law. Sligar v. Odell, --- P.3d ----, 2010 WL 2674037 (Wash.App. Div. 1).
July, 2010
Conservation Force v. Salazar, --- F.Supp.2d ----, 2010 WL 2244122 (D.D.C.). Plaintiffs contend that the Secretary failed to: (1) make a twelve-month finding as to the status of the Canadian Wood Bison and (2) process Plaintiffs’ applications to import bison hunting trophies.
Zuckerman v. Coastal Camps, Inc., --- F.Supp.2d ----, 2010 WL 2301145 (D.Me.). Twelve-year old Samantha Zuckerman sustained injuries when she fell from the pony she was riding during a horseback riding lesson. This Court agreed with the Magistrate that the record raises a genuine issue of material fact concerning the “faulty tack" exception.
Moore v. People for the Ethical Treatment of Animals, Inc., --- N.E.2d ----, 2010 WL 2266081 (Ill.App. 1 Dist.). Plaintiffs aver that defendants PETA, Diane Opresnik, John Keene, and Mary DePaolo defamed them by stating that the plaintiff-dog trainer placed a shock device on a dog's genitals and allegedly shocked it.
State v. Spade, --- S.E.2d ----, 2010 WL 2243519 (W.Va.). In 2006, appellant was charged with one count of animal cruelty after 149 dogs were seized from her rescue shelter. The court found that the plaintiff was entitled to a restitution hearing to determine the actual reasonable costs incurred in providing care, medical treatment, and provisions to the animals seized.
Dog Law Case of the Month
Conn. Appellate Court reaffirms Conn. Supreme Court holding that a negligence cause of action can exist against a landlord who is not the owner or keeper of a dog that bites. Giacalone v. Housing Authority of Town of Wallingford, --- A.2d ----, 122 Conn.App. 120, 2010 WL 2365559 (Conn.App.).
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