Pleadings, Briefs, and Jury Charges


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Dangerous Dog: Related Pleadings

Pleading Name Citation Summary
Phillips v. Director (1986)   228 Cal.Rptr. 101 Cal.App. (2 Dist.,1986)   These are excellent briefs on why an administrative hearing is required before a "dangerous" dog is euthanized.  
City and County of Denver v. State of Colorado     In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law.  
Ciaccio v. City of Port St. Lucie     The following documents concern the appellant's request to release his dog from the Port St. Lucie, Florida Humane Society. At the time of the petition, the dog was kept in a "quarantine" area of the shelter and had not been let out of his cage for exercise or socialization since he was seized 8 months prior. Appellant asks the court to either let him securely confine the dog at his home or board him at the Safe Harbor Animal Sanctuary until the dangerous dog determination is resolved.  
Mansour v. King County (2006)     In this Washington case, Division One of the Washington Court of Appeals reversed a King County Animal Control decision declaring a dog vicious and ordering her removed from the county. The court found that for Mansour or any other pet owner to prove effectively present his or her case and rebut the evidence against him or her, due process requires that he or she be able to subpoena witnesses and present records. Mr. Mansour was prejudiced in his case because he was not allowed to do so and was not given sufficient notice for the hearing.  
Wilson v. City of St. Louis (1990)     This action concerns the release of a dog who was impounded and classified as “dangerous” without a chance for his owner to argue against the action. Plaintiff Malane Wilson filed a petition for a preliminary and permanent injunction, a petition for declaratory judgment, and a petition for replevin against the City of St. Louis and the Animal Regulation Center, among others. The subject of the petitions concerned her American Pit Bull Terrier named Max who was seized by agents of the Animal Regulation Center as an apparent “dangerous dog.”  
Maldonado v. Fontanes     This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly Spanish-speakers, were given notice of the new "no pet policy," which were written in English. During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This First Circuit affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed. Included in the pleading documents are plaintiffs' second amended complaint filed in 2007 and plaintiffs' brief filed in December 2008.  
Williams v. Orange County Animal Control (1996)     Case where owners challenge validity of euthanasia order for "dangerous" dog.  
Ortega Administrative Hearing (1997)     Trial brief for an administrative hearing to determine whether dog, "Rocky," was "vicious" or "dangerous."  
Betts v. City of Long Beach (1991)     This is a petition demanding an administrative hearing before the euthanizing of a dog.  

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