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Cat: Related Cases

Case Name Citation Summary
1 IN RE: JAMES W. HICKEY, D/B/A S&S FARMS, AND S.S. FARMS, INC.   47 Agric. Dec. 840 (1988)   Licensed dealer found guilty of numerous violations of Act involving care and housing of dogs and cats, failure to allow inspection of records, and failure to keep and maintain adequate records as to acquisition and disposition of animals, is properly penalized with 25-year suspension of license, civil penalty of $40,000, and cease and desist order.  
Akron ex rel. Christman-Resch v. Akron   825 N.E.2d 189 (Ohio, 2005)  

City of Akron, Ohio cat owners filed suit against city, its mayor, and city council president, seeking declaratory judgment that new city code sections, relating to the trapping and euthanization of free-roaming cats, were unconstitutional.  After the Court of Common Pleas, Summit County granted summary judgment to defendants, the cat owners appealed.  The Court of Appeals held that the city's ordinances relating to the trapping and euthanization of free-roaming cats did not violate cat owners' substantive due process rights.  Further, the ordinances which allowed a cat to be euthanized after three business days following the date of impoundment, did not violate cat owners' procedural due process rights or right to equal protection.  Finally, the ordinances, which allowed city to seize free-roaming cats in response to complaints, did not violate the Fourth Amendment and city's actions were covered by sovereign immunity.

 
Allen v. Cox   942 A.2d 296 (Conn. 2008)   The plaintiff (Allen) brought this action against the defendants (Jessica Cox and Daniel Cox) alleging that she was injured by the defendants' cat after the defendants negligently allowed the cat to roam free. The trial court rendered summary judgment for the defendants. Relying mainly on the Restatement (Second), this court held that when a cat has a propensity to attack other cats, knowledge of that propensity may render the owner liable for injuries to people that foreseeably result from such behavior.   
Allen v. Municipality of Anchorage   --- P.3d ----, 2007 WL 2965781 (Alaska App.)  

Krystal R. Allen pleaded no contest to two counts of cruelty to animals after animal control officers came to her home and found 180 to 200 cats, 3 dogs, 13 birds, and 3 chickens in deplorable conditions. She was sentenced to a 30-day jail term and was placed on probation for 10 years. One of the conditions of Allen's probation prohibits her from possessing any animals other than her son's dog. In first deciding that its jurisdictional reach extends to claims not just based on the term of imprisonment, the court concluded that the district court did not abuse its discretion by restricting Allen's possession of animals during the term of her probation.  

 
Anzalone v. Kragness   826 N.E.2d 472 (Ill. 2005)   A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted.   
Beck v. Cornell University   2007 WL 1931363 (N.Y.A.D. 3 Dept.)   Plaintiff was a temporary employee in the dairy barns at defendant's Animal Science Teaching and Research Center, where a population of feral cats had been living.  The Center had previously cared for the cats, but adopted a new policy to reduce the population for health and safety reasons.  Despite the Center's directions not to feed the cats, the plaintiff continued to feed the cats with his own cat food and was fired.  Plaintiff brought a suit for negligence and prima facie tort, which Supreme Court dismissed for failure to state a cause of action and the appellate court affirmed.   
Bogart v. Chapell   396 F.3d 548 (4th Cir., 2005)   A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization.   
Branks v. Kern   348 S.E.2d 815 (N.C.App.,1986)   In this negligence action, a cat owner brought suit against veterinarian and veterinary clinic after she was bitten by her own cat while the cat was receiving treatment by the veterinarian. At issue, is whether the veterinarian owed a duty to the cat owner to exercise reasonable care in preventing the cat from harming the owner while the cat was being treated.  In review of the lower court’s grant of motion for summary judgment, the Court of Appeals held that substantial issues of material fact existed to preclude the grant of summary judgment. However, this was overturned on appeal at the Supreme Court. (See, Branks v. Kern (On Appeal)  359 S.E.2d 780 (N.C.,1987)).  
Branks v. Kern (On Appeal)   359 S.E.2d (780 N.C.,1987)   On grant of appeal from Branks v. Kern, 348 S.E.2d 815 (N.C. 1986).  Cat owner brought negligence action against veterinarian and veterinary clinic after her hand was bitten while she held her own cat during a catheterization procedure. In reversing the Court of Appeals decision (348 S.E.2d 815 (N.C. App. 1986)), the Supreme Court held that defendants in the instant case have met their burden of showing that they are entitled to judgment as a matter of law where the evidence showed that the danger was obvious to plaintiff and defendants only owed plaintiff a duty to exercise ordinary care.  
Bronk v. Ineichen   54 F.3d 425 (7th Cir. 1995)   Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.   
California Veterinary Medical Ass'n v. City of West Hollywood   --- Cal.Rptr.3d ----, 2007 WL 1793052 (Cal.App. 2 Dist.)  

This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003.  On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement.  On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance.  Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.

 
Carroll v. Rock   469 S.E.2d 391 (Ga. App., 1996)   After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees.  The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others.  Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious.   
Cat Champion Corp. v. Jean Marie Primrose   149 P.3d 1276 (Or. Ct. App. 2006)   A woman had 11 cats which were in a state of neglect and were taken away from her and put with a cat protection agency. Criminal charges were dropped against the woman when it was found she was mentally ill and incapable of taking care of herself or her cats. The court found it could grant the cat protection agency ownership over the cats so they could be put up for adoption, even though the woman had not been criminal charged, and had not forfeited her cats.  
Celinski v. State   911 S.W.2d 177 (Tex. App. 1995).   Criminal conviction of defendant who tortured cats by poisoning them and burning them in microwave oven. Conviction was sustained by circumstantial evidence of cruelty and torture.  
Citizens for Alternatives to Animal Labs, Inc. v. Board of Trustees of State University of New York   92 NY2d 357 (NY, 1998)  

Citizens wanted access to University records dealing with biomedical research using cats and dogs.  These records were created, as required by federal Law, but access to the records was requested under state law.  According to the New York Freedom of Information Act (FOIL), documents held by an “agency” should be disclosed.  The lower Appellate Division held that since the University did not fall under the definition of “agency" under New York Public Officers Law, it was not required to turn over such documents.  The New York Court of Appeals, however, found that the Appellate Division's rationale for denying FOIL disclosure was inconsistent with precedent, and that the legislative goal behind FOIL of was liberal disclosure, limited only by narrowly circumscribed specific statutory exemptions.  Thus, in reversing the Appellate Division's decision, the Court of Appeals held that the records were subject to disclosure.

 
City of La Marque v. Braskey   2007 WL 14481 (Tex. Ct. App. 2007) (unpublished)   A city's ordinance did not allow a kennel, defined as a place containing more than four dogs and cats, to be operated within 100 feet of a residence, school, or church. A woman kept as many as 100 cats at a time in a shelter within 100 feet of three homes, and she was criminally charged under the ordinance. The court found that the ordinance did not violate the plaintiff's constitutional rights because there was no right to use her property in any manner that she chose.  
Commonwealth v. Creighton   639 A.2d 1296 (Pa.Cmwlth.,1994)  

In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5).  The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance.  Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal. 

 
Commonwealth v. Reynolds   2005 WL 1404422 (Pa.)   A woman's four serval cats, two fennic foxes, three ringtailed lemurs, three kinkajous, and one wallaby were all seized pursuant to a search warrant.  The trial court granted the woman's motion for return of her property in part and denied in part, specifically allowing for the return of the kinkajous and lemurs.  The Court of Appeals remanded to determine whether the woman's possession of the animals was in violation of the federal AWA or state Game Code.     
Coy v. Ohio Veterinary Med. Licensing Bd.   2005 Ohio App. LEXIS 756   A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.  
Crossroads Apartments Associates v. LeBoo   152 Misc.2d 830 (N.Y. 1991)   Landlord brought an eviction proceeding against tenant with a history of mental illness for possession of a cat in his rental unit in violation of a no pets policy. Tenant alleged that he needed the cat to alleviate his "intense feelings of loneliness, anxiety, and depression, which are daily manifestations of his mental illness." The court held that in order to prove that the pet  is necessary for the tenant to use and enjoy the dwelling, he must prove "that he has an emotional and psychological dependence on the cat which requires him to keep the cat in the apartment." The court denied the housing authority's motion for summary judgment, stating that there was a triable issue of fact as to whether the cat was necessary for the tenant to use and enjoy the dwelling.  
Defenders of Wildlife v. Kempthorne   2006 WL 2844232   Ten non-profit groups sued the Fish and Wildlife Service (FWS) alleging that the FWS had not adequately explained why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat under the Endangered Species Act, as the FWS had previously been ordered by the court to do. Additionally, the non-profit groups claimed that the FWS had violated Section 7 of the Endangered Species Act by passing regulations which made it easier for federal agencies to thin trees in lynx habitat under the Healthy Forest Initiative. The Court ordered the FWS to explain why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat, but found that the challenged regulations making it easier to thin trees in lynx habitat were permissible.  
Feger v. Warwick Animal Shelter   2006 WL 1174110 (N.Y.A.D. 2 Dept.)   In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact, inter alia, as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat.  
Gerofsky v. Passaic County Society for the Prevention of Cruelty to Animals   870 A.2d 704 (N.J. 2005)   The President of the New Jersey SPCA brought an action to have several county SPCA certificates of authority revoked.  The county SPCAs brought a counterclaim alleging the revocation was beyond the state SPCA's statutory authority.  The trial court revoked one county's certificate of authority, but the Court of Appeals held the revocation was an abuse of discretion.  
Green v. Housing Authority of Clackamas County   994 F.Supp. 1253 (D. Oregon, 1998)   Plaintiffs were tenants of a county housing authority and alleged that the housing authority violated the Americans with Disabilities Act, the Federal Fair Housing Amendments Act, and Section 504 of the Rehabilitation Act, by failing to reasonably accommodate their request for a waiver of a "no pets" policy to allow for a hearing assistance animal in the rental unit to reasonably accommodate a hearing disability. The housing authority argued that the dog was not a reasonable accommodation for the tenant's specific disability because the dog was not certified as a hearing assistance animal. The court granted plaintiff's motion for summary judgment, holding that the housing authority violated the federal statutes when it required proof from the tenants that the dog had received hearing assistance training.    
Hemingway Home and Museum v. U.S. Dept. of Agriculture   2006 WL 3747343 (S.D. Fla.)   The plaintiff lived in Hemmingway's old property, a museum, with 53 polydactyl cats (cats having more than the usual number of toes). The United States Department of Agriculture investigated and said that the plaintiff needed to get an exhibitor's license to show the cats, but that was not possible unless the cats were enclosed. Plaintiff sued the government in order to avoid the $200 per cat per day fines assessed, but the court held that the government has sovereign immunity from being sued.  
Housing Authority of the City of New London v. Tarrant   1997 WL 30320 (Conn. 1997)   A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required.  
Humane Society v. Merriam   2007 WL 333309 (D.Minn.)   Minnesota allowed trapping and snaring activities. Plaintiffs sued the state, arguing that this policy was causing the death of some endangered Canada lynx, in violation of the Endangered Species Act. The plaintiffs and defendants had the case dismissed after they agreed that Minnesota would seek a permit from the Fish and Wildlife Service under the Endangered Species Act, and that conservation measures would be taken for the protection of the lynx.  
In the Matter of Kerlin   376 A.2d 939 (N.J.Super.A.D. 1977)  

Respondent Raymond Kerlin, D.V.M., appealed a decision of the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners (Board), finding him guilty of "gross malpractice or gross neglect" in the practice of veterinary medicine after an employee at his office (his wife) stated that the office could not treat a deathly ill kitten after the owners requested payment by credit (apparently not accepted at the office).  In this case, the court observed nothing in the findings of facts to support a conclusion that respondent was aware of the exchange which occurred between the kitten’s owner and Mrs. Kerlin in time for him to have prevented the situation or to have taken remedial steps. Nothing adduced at trial proved that Dr. Kerlin followed the policy of rejecting requests for emergency treatment on credit. Thus, the court concluded that the State failed to establish that respondent was guilty of a violation or of conduct warranting disciplinary action for "gross malpractice", and the decision of the Board was reversed. 

 
Janush v. Charities Housing Development Corp.   169 F.Supp.2d 1133 (N.D. Ca., 2000)   Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.  
Justice for Animals, Inc. v. Lenoir County SPCA, Inc.   2005 WL 221226 (N.C. 2005)   An animal control facility's practice of euthanizing feral cats without holding them for 72 hours was challenged by a non-profit organization.  The animal control facility's method for determining if a cat is feral consisted only of poking the animal and gaging its reaction.  The trial court dismissed the claim, but the Court of Appeals reversed the decision.  
Justice for Animals, Inc. v. Robeson County   2004 WL 1091902 (N.C. 2004)   Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed.  On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought.  Affirmed.  
Koivisto v. Davis   --- N.W.2d ----, 2008 WL 81559 (Mich.App.)  

Defendants, the Macaks, owned two dogs being boarded at Chieftan Kennels. Plaintiff was outside on her deck when the dogs entered her property and attacked her cats, one of which died later from its injuries. The plaintiff rushed to defend the cats and suffered multiple bites from the dogs.  The trial court held that the plaintiff had “provoked” the dogs. The Court of Appeals reversed.  “The dogs were already provoked and, in fact, were in a state of attack, for whatever reason when plaintiff responded to their behaviors while on her own property.” 

 
Lieberman v. Powers   --- N.E.2d ----, 2007 WL 2768668 (Mass.App.Ct.)   In this Massachusetts case, Noah Lieberman sustained injuries when he was scratched and bitten by a cat while visiting a “cat lounge” at the Sheldon branch animal shelter, which was operated by the Animal Rescue League of Boston (ARL). Plaintiff alleged that his injuries resulted from the defendants' negligent design and maintenance of the cat lounge. The Appeals Court of Massachusetts, Suffolk reversed the lower court's grant of summary judgment for defendants. Specifically, the court found that the plaintiff has provided sufficient evidence, in the form of expert opinion, that an ordinarily prudent person in the circumstances of this case-which include the defendants' knowledge regarding the behavior (and potential for aggression) of cats-would have taken additional steps to ensure the safety of visitors to the cat lounge. At the very least, the defendants should have foreseen that the small size of the room, as well as the set-up (one food bowl, one litter box, two perches) and unsupervised operation of the cat lounge was such that it was more likely than not to increase stress in cats, which in turn made it more likely than not that the cats would behave aggressively.  
Majors v. Housing Authority of the County of DeKalb Georgia   652 F.2d 454 (5th Cir. 981)  

Tenant had a history of mental illness and kept a dog in her apartment despite a "no pets" policy. The housing authority refused to waive the "no pets" policy and brought an eviction proceeding. Tenant filed a complaint in federal district court alleging violation of Section 504 of the Rehabilitation Act for failure to waive the "no pets" policy as a reasonable accommodation for her disability. The district court granted the housing authority's motion for summary judgment and the tenant appealed. The court of appeals held that the housing authority deprived the tenant of the benefits of the housing program by enforcing the no pets rule, reasoning that waiving the no pets rule would allow the tenant to fully enjoy the benefits of the program and would place no undue burdens on the housing authority.

 
Mills v. State   802 S.W.2d 400 (Tex. App. 1991).   In criminal conviction for cruelty to animals, statute requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.  
Nason v. Stone Hill Realty Association   1996 WL 1186942 (Mass. 1996)   A tenant with multiple sclerosis took in her mother's cat when her mother became ill. The housing authority had a no pets policy and requested that the tenant remove the pet from the premises. The tenant in turn offered a letter from her physician stating that "there would be serious negative consequences for her health if she was compelled to remove the cat." The court held that the tenant did not meet her burden of proving a nexus between the cat and her multiple sclerosis, reasoning that the physician's note does not state that the cat is necessary to alleviate her symptoms and that a more reasonable accommodation may be available.  
Norwest v. Presbyterian Intercommunity Hospital   293 Or. 543 (Or. 1982)   This court found that there was no common law liability where a tortfeasor's conduct caused a child to lose parental support and care. The court declined to create a new common law cause of action for parental consortium, and suggested that it was up to the legislature to create such a cause of action. However, dicta in the case refers to an invasion of the animal/animal owner relationship as actionable misconduct.  
People v. Youngblood   109 Cal.Rptr.2d 776 (2001)   Defendant was convicted of animal cruelty for keeping 92 cats in a single trailer, allowing less than one square foot of space for each cat.  The court found that the conviction could be sustained upon proof that defendant either deprived animals of necessary sustenance, drink, or shelter, or subjected them to needless suffering.  Further, the court found that the defense of necessity (she was keeping the cats to save them from euthanasia at animal control) was not available under circumstances of case.  
Pitts v. State   918 S.W.2d 4 (Tex. App. 1995).   Right of appeal is only available for orders that the animal be sold at public auction. The statutory language does not extend this right to seizure orders.  
Prindable v. Association of Apartment Owners of 2987 Kalakaua   304 F.Supp.2d 1245 (D. Hawaii, 2003)   Condominium resident filed a complaint alleging the housing authority violated the Federal Fair Housing Amendments Act by failing to waive the "no pets" as a reasonable accommodation for his handicap. The court held that where the primary handicap is mental or emotional in nature, an animal "must be peculiarly suited to ameliorate the unique problems of the mentally disabled," and granted the housing authority's motion for summary judgment on the issue of the housing authority's failure to make a reasonable accommodation under the FHA.  
Rehn v. Fischley   No. C0-95-813, 1995 Minn. App. LEXIS 1539 (Minn. Ct. App. 1995).   The doctor was a veterinarian and a member of the board of directors for the humane society. The director of the humane society asked her for advice on how to clean cat cages, and the doctor gave advice and donated a bottle of formalin, whereupon the employee who used the formalin suffered permanent lung damage. The employee commenced an action against the doctor and humane society for damages.  The court held that although the doctor would not have advised using formalin if she was not a member of the board, this fact did not establish that giving the advice was within the scope of her responsibilities as a board member.  
SENTELL v. NEW ORLEANS & C. R. CO.   166 U.S. 698 (1897)  

This was an action originally instituted by Sentell in the civil district court for the parish of Orleans, to recover the value of a Newffoundland bitch, known as 'Countess Lona,' alleged to have been negligently killed by the railroad company.  The company answered, denying the allegation of negligence, and set up as a separate defense that plaintiff had not complied either with the requirements of the state law, or of the city ordinances, with respect to the keeping of dogs, and was therefore not entitled to recover.  Recognizing that an owner has only a conditional interest in a dog as a form of property, the Supreme Court held that the Louisiana law was within its police power, and the judgment of the court of appeals against plaintiff was therefore affirmed.

 
Southeastern Community College v. Davis   99 S.Ct. 2361 (1979)  

Applicant to nursing program brought suit against the college alleging discrimination under Section 504 of the Rehabilitation Act for denying her acceptance to the program based on her physical disability of being deaf. The college alleged that the applicant was not "otherwise qualified" under the statute because, even if provided accommodations for her hearing disability, she would be unable to safely participate in the clinical training program. The court held that "otherwise qualified" under the statute means that a person is qualified for the program "in spite of" the handicap, and that the applicant here was not otherwise qualified for the program. The court also held that a program authority is not required to ignore the disability of the applicant when determining eligibility for the program. Rather, the statute only requires that the disabled person not be denied the benefits of the program solely because of the disability.

 
State v. Griffin   684 P.2d 32 (Or. 1984)   Appeal of a conviction in district court for cruelty to animals.  Defendant was convicted of cruelty to animals after having been found to have recklessly caused and allowed his dog to kill two cats, and he appealed. The Court of Appeals held that forfeiture of defendant's dog was an impermissible condition of probation.  
State v. McDonald   110 P.3d 149 (Ut. 2005)   A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer.  The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time,  two years of formal probation, and twelve and a half years of informal probation.  The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority.   
State v. Witham   2005 WL 1523763 (Maine 2005)   A man ran over his girlfriend's cat after having a fight with his girlfriend.  The trial court found the man guilty of aggravated cruelty to animals.  The Supreme Judicial Court affirmed the trial court, holding the aggravated cruelty to animals statute was not unconstitutionally vague.  
Thurston v. Carter   92 A. 295 (Maine, 1914)   This action of trespass is brought for the recovery of damages for the killing of the fox hound of plaintiff by defendant.  Defendant claimed that he shot and killed the plaintiff's dog while it was chasing and worrying a cat belonging to and upon the land of the defendant. After the introduction of all the evidence, the court ordered a verdict for defendant. To this direction, plaintiff filed his bill of exceptions in which it is stipulated that if a cat is a domestic animal, the ruling below is to stand, otherwise judgment is to be entered for plaintiff in the sum of $50.  
U.S. v. Kapp   419 F.3d 666 (2005, 7th Cir.(Ill.))   A jury convicted William Kapp for multiple violations of the Endangered Species Act and the Lacey Act connected with the killing of, and trafficking in, endangered tigers and leopards and their meat, hides, and other parts. On appeal, Kapp claims he is entitled to a new trial because the evidence at trial was insufficient to support the jury's verdict and the district court erroneously admitted certain evidence. Kapp also argues that the manner in which he was sentenced violated the Sixth Amendment. The court concluded that there was sufficient evidence to support the jury's verdict on all counts, and the district court did not err in its evidentiary ruling.  His conviction was, therefore, affirmed, but a limited remand was ordered to determine whether Kapp should be resentenced .  
Whittier Terrace Associates v. Hampshire   532 N.E.2d 712 (Mass. 1989)   Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation.  
Womack v. Von Rardon   135 P.3d 542 (Wash. 2006)  

In this Washington case, a cat owner sued a minor and his parents after the minor set her cat on fire.  While this Court found that the trial court correctly granted summary judgment with respect to Ms. Womack's private nuisance, tort outrage, and statutory waste claims, it held that the lower court incorrectly calculated the measure of damages.  Noting that the Division 2 Appellate Court left open the question of emotional distress damages where a pet has been maliciously injured in Pickford v. Masion, 124 Wash.App. 257, 262-63, 98 P.3d 1232 (2004), this Court held that the general allegations include sufficient facts to find both malicious conduct toward Ms. Womack's pet and her resulting emotional distress.  Thus, "[f]or the first time in Washington, we hold malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages."  

 
Woodside Village   1993 WL 268293 (Conn. 1993)   A tenant was unable to adhere to the complex rules requiring that dogs be walked in designated areas and that the animal's waste be cleaned up. The court held the landlord made a reasonable accommodation by allowing the pet but requiring that these rules be followed, reasoning that the tenant's failure to adhere to these rules, despite his mental disability and emotional dependence on the dog, placed other tenant's health and safety at risk.  

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