Cats: Related Cases
|American Bird Conservancy v. Harvey||--- F.Supp.3d ---- 2017 WL 477968 (E.D.N.Y., 2017)||
Plaintiff, American Bird Conservancy, is a non-profit organization that was dedicated to the conservation of the Piping Plover (a threatened species) in this case. The individual Plaintiffs, David A. Krauss and Susan Scioli were also members of the organization, who observed Piping Plovers at Jones Beach, in New York State for many years. The Planitiffs brought an action against Defendant Rose Harvey, the Commissioner of the New York State “Parks Office”. The Plaintiffs asserted that the Commissioner failed to act while members of the public routinely fed, built shelters, and cared for the feral cats on Jones Beach. As the cat colonies flourished, the Piping Plover population decreased due to attacks by the cats. The Plaintiffs contended that by failing to take measures to decrease the feral cat population, the Commissioner was allowing the cats to prey on the Piping Plover, in violation of the federal Endangered Species Act (ESA). The Commissioner moved to dismiss the complaint. The District Court, held that: (1) the affidavit and documentary evidence provided by the Alley Cat Allies (ACA) organization was outside the scope of permissible supporting materials for the motion to dismiss. (2)The Plaintiffs had standing to bring action alleging violation of the Endangered Species Act. The Commissioners motion to dismiss was denied.
|Jackson v. Mateus||70 P.3d 78 (Utah 2003)||Plaintiff filed suit against the defendant after she was bitten by the defendant’s cat and required medical attention as a result of the bite. Plaintiff found the defendant’s cat on her property and mistakenly started petting the cat, thinking that it was one of her own cats. As plaintiff was petting the cat, it bit her causing her injury. Plaintiff filed a negligence claim against defendant for not restraining the cat. The court held in favor of the defendant because the court found that this incident was not foreseeable and because it was not foreseeable, the defendant did not owe a duty to restrain the animal under the common law, municipal law, or state law.|
|Missouri Pet Breeders Association v. County of Cook||--- F.Supp.3d ----2015 WL 2448332 (N.D. Ill., 2015)||Cook County passed an ordinance that required a “pet shop operator” to only sell animals obtained from a breeder that (among other requirements) held a USDA class “A” license and owned or possessed no more than 5 female dogs, cats, or rabbits capable of reproduction in any 12-month period. Plaintiffs, a professional pet organization and three Cook County pet shops and their owners, sued Cook County government officials, alleging that the ordinance violated the United States and Illinois Constitutions. Defendants moved to dismiss the action. After concluding that plaintiffs had standing to pursue all of their claims, with the exception of the Foreign Commerce Claim, the Court granted the defendants' motion to dismiss all claims, but gave Plaintiffs a chance to cure their complaint's defects by amendment.|
|State v. Amos||--- N.E.3d ----; 2014 WL 3511819||After witnessing the 73 year old defendant-appellant emerge from area by the veterinary's dumpster holding an empty, wire cage animal trap, an employee of the clinic followed the defendant-appellant's car and obtained the vehicle's license plate number. Upon returning to the dumpster, the employee found a kitten with matted eyes that seemed unhealthy. The defendant-appellant was charged with one count of animal abandonment in violation of R.C. 959.01 and was found guilty. Defendant-appellant appealed her conviction and sentence on the grounds that the court erred in finding beyond a reasonable doubt that she was a keeper or, if she was a keeper, the court erred in determining that she abandoned the animal. The Ohio Court of Appeals held that once the defendant captured the animal in a cage, she assumed the responsibility that she would treat the animal humanely and could therefore be considered a “keeper.” Since Amos captured the animal and released it in another location without taking steps to make sure the animal would be found, the Ohio Court of Appeals also held that a reasonable person could have found beyond a reasonable doubt that the defendant-appellant had “abandoned” the animal. The judgment was therefore affirmed.|
|State v. Wright||--- P.3d ----, 2017 WL 1245397 (Or.App.,2017)||Defendant was convicted of four counts of aggravated animal abuse in the first degree after he drowned all six cats that lived with him in a water-filled trash can. On appeal, defendant challenged the exclusion of evidence that he had an intellectual disability and that he had a character for gentleness toward animals. Defendant asserts such evidence would have shown he did not act with the requisite malicious intent that the state was was required to prove. It would have been relevant in demonstrating his mental state when committing the offenses, according to defendant. The appellate court found that the lower court did not err with regard to excluding defendant's reference to an intellectual disability. The testimony at trial describing his "intellectual disability" was more of a general reference and not relevant to his mental state. On the issue of character evidence of defendant's gentleness toward animals, the appellate assumed the lower court erred because the state conceded it was harmless error in its brief. In agreeing with the state that the error was harmless, the court found any further evidence would have been cumulative because other testimony spoke to defendant's gentle character toward animals. The matter was remanded for resentencing due to errors in sentencing.|
|Ducote v. Boleware||--- So.3d ---- 2016 WL 659022 (La.App. 4 Cir. 2/17/16), decision clarified on reh'g, 2015-0764 (La. App. 4 Cir. 3/4/16)||This appeal arises from a personal injury lawsuit filed by Plaintiff Ducote, stemming from injuries she suffered as the result of a bite by defendant's cat. Plaintiff was walking down the sidewalk in New Orleans in the early evening when defendant's cat jumped on her left side and bit her hand causing injury. Plaintiff opted for the rabies immunoglobulin and the vaccine at the emergency room after defendant was unable to produce a rabies certificate (though the cat was later successfully quarantined). The trial court granted summary judgment upon motion for defendant and his homeowner's insurer. Plaintiff now appeals that decision. On appeal, the majority observed that liability of an animal owner (other than a dog) is provided by La. C.C. art. 2321, which gives a negligence standard based on knowledge of an animal's vicious propensities. The court found that there was no scienter on defendant's part as to the cat's dangerous nature (in fact, the cat was known to be a friendly cat with no previous incidents). Plaintiff suggests that liability should be based on a theory of negligence per se. Due to defendant's violation of city ordinances related to proof of rabies vaccination, he should be liable for damages. The court, however, rejected this, as Louisiana law does not recognize statutory negligence per se. Instead, in looking at negligence based on the set of facts, the court found plaintiff did not meet her burden. The trial court's decision was affirmed.|
|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.|
|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.
|Puppies 'N Love, v. City of Phoenix||116 F. Supp. 3d 971 (D. Ariz. 2015)||Defendant City of Phoenix passed an ordinance that prohibited pet stores from selling dogs or cats obtained from persons or companies that bred animals; pet stores could only sell animals obtained from animal shelters or rescue organizations. Puppies 'N Love operated a pet store in Phoenix that sold purebred dogs obtained from out-of-state breeders. Puppies 'N Love and its owners sued the City, claiming primarily that the Ordinance violated the dormant Commerce Clause of the United States Constitution by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local breeders. All parties, including Intervenor Humane Society of the United States (“HSUS”), filed motions for summary judgment. The District Court granted the Intervenor’s and the city’s motions, but denied Puppies ‘N Love’s motion, thereby upholding the ordinance.|
|Concerned Dog Owners of California v. City of Los Angeles||123 Cal.Rptr.3d 774 (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. The Court of Appeal held that the ordinance did not violate the owners’ freedom of association rights, free speech rights. or equal protection rights. The court held that it was not unconstitutionally vague, was not outside of the city's police powers, did not vest unfettered discretion in city officials, did not constitute an unconstitutional prior restraint or an unconstitutional taking. Finally, the law did not violate individual liberties under the California Constitution.
|Kimes v. Grosser||126 Cal.Rptr.3d 581 (Ca., 2011)||
After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The owner of an injured pet may recover the lesser of the diminution of the market value of the animal, or the reasonable cost of repair. 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.
|GOODWIN v. E. B. NELSON GROCERY CO.||132 N.E. 51 (Mass. 1921)||
Plaintiff brought her dog into a store. The dog fought with the store owner's cat. After the fight was over, and the animals were calm, plaintiff reached down and grabbed the cat's front paw. The cat scratched and bit plaintiff, who brought a negligence action against the store owner. The court held that plaintiff could not recover because plaintiff did not exercise due care when she interfered with a strange animal, and there was no evidence that the cat was vicious.
|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."
|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.
|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.
|Justice for Animals, Inc. v. Robeson County||164 N.C. App. 366, 595 S.E.2d 773 (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.
|Justice for Animals, Inc. v. Lenoir County SPCA, Inc.||168 N.C. App. 298, 607 S.E.2d 317 aff'd on other grounds, 360 N.C. 48, 619 S.E.2d 494 (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.
|Allen v. Municipality of Anchorage||168 P.3d 890 (Alaska App., 2007)||
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.
|COMMONWEALTH v. MASSINI||188 A.2d 816 (Pa.Super 1963)||
In this Pennsylvania case, defendant was prosecuted for killing a cat that belonged to his neighbor. The section under which he was prosecuted prohibited the killing of a 'domestic animal of another person.' However, a cat was not one of the animals defined as a ‘domestic animal’ by the Act. Using rules of statutory interpretation, the court found that the omission of 'cat' from the listed species of the penal code provision was intentional by the legislature, and thus the defendant's sentence was discharged.
|State v. Mortensen||191 P.3d 1097 (Hawai'i App., 2008)||
Defendant found guilty of Cruelty to Animals under a State statute after firing a pellet gun at/toward a cat which was later found with and died from a fatal wound. On Defendant’s appeal, the Intermediate Court of Appeals of Hawai’i affirmed the lower court’s decision, finding that evidence that Defendant knowingly fired the pellet gun at a group of cats within the range of such a gun was sufficient to find that Defendant recklessly shot and killed the cat. In making its decision, the Court of Appeals further found that the legislature clearly did not intend for a cat to be considered vermin or a pest for purposes of the relevant State anti-cruelty statute’s exception, and instead clearly intended for a cat to be considered a “pet animal.”
|Veterinary Surgeons Investigating Committee v. Lloyd||2002 WL 31928523, 134 A Crim R 441||
Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice.
|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.
|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.
|Allendorf v. Redfearn||2011 IL App (2d) 110130 (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.
|Gonzalez v. South Texas Veterinary Associates, Inc.||2013 WL 6729873 (Tex. App. Dec. 19, 2013), review denied (May 16, 2014)||Plaintiff acquired an indoor/outdoor cat with an unknown medical and vaccination history. Plaintiff took cat to defendant for treatment and the cat received a vaccination. The cat soon developed a golf-ball-sized mass that contained a quarter-sized ulceration which was draining “matter” on the cat's right rear leg. When plaintiff returned the cat to the defendant, defendant diagnosed the cat with an infection, prescribed an antibiotic for treatment, and instructed Gonzalez to return if the cat's symptoms did not improve. When the cat's symptoms did not improve, plaintiff took the cat to another veterinarian who diagnosed the cat with vaccine-associated sarcoma. The cat had to be eventually euthanized. Acting pro se, the plaintiff filed suit, alleging that defendant failed to: (1) inform her of vaccine-associated sarcoma risk; (2) adhere to feline vaccination protocols; and (3) properly diagnose vaccine-associated sarcoma in the cat, which resulted in the loss of her life. On appeal, plaintiff asserted that the trial court erred by granting defendant's no-evidence and traditional motions for summary judgment. After examining the evidence in the light most favorable to plaintiff and disregarding all contrary evidence and inferences, the court concluded that the plaintiff brought forth more than a scintilla of probative evidence establishing the relevant standard of care to prove her malpractice claims. The trial court, therefore, erred by granting the no-evidence summary judgment. On the traditional summary judgment claim, the court held that that the defendant's evidence did not conclusively prove that a veterinarian complied with the applicable standard of care in light of another veterinarian's report to the contrary. The trial court, therefore, erred by granting defendant's traditional motion for summary judgment. The case was reversed and remanded.|
|Cottongame v. State||2014 WL 3536801 (Tex. App. 2014), unpublished||Despite an ordinance restricting the number of cats a person can own to three unless a permit was obtained, an officer decided not to enforce the ordinance against the appellant because she was helping with the feral-cat problem in the city and because “she was ... attempting to bring into compliance [her] animal rescue.” When the officer left his job, however, a neighbor complained and an investigation took place. The investigating officer noted everything in the house was covered in cat litter, there was no carpet in the home, and cat urine was on the living-room floor. The smell of cat urine and feces also sickened the officer to the point that he had to leave the house to get fresh air. The State filed a complaint alleging Appellant's violation of the ordinance. A jury found Appellant guilty of the offense as alleged in the complaint and assessed her punishment at $75 plus court costs. Appellant appealed from her conviction for violating a city ordinance regarding the number of animals that may be kept without a permit. In her first issue, the appellant asserted that her conviction violated the Privileges or Immunities Clause of the Fourteenth Amendment because the city “selectively enforced its purported ordinance that prohibits any person from having possession of more than three cats without a permit.” The court, however, found that there was no evidence before the trial court indicating that appellant was singled out for enforcement or that her selection for enforcement was based on anything other than a valid citizen complaint. In her second issue, the appellant argued that the evidence was insufficient to support her conviction. The court, however, found that the evidence was sufficient to support the jury's finding that the appellant was in violation of the ordinance. The lower court’s decision was therefore affirmed.|
|City of La Marque v. Braskey||216 S.W.3d 861 (Tex. Ct. App. 2007)||
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.
|People v. Lewis||23 Misc.3d 49, 881 N.Y.S.2d 586 (N.Y.Sup.App.Term,2009)||Defendants were charged in separate informations with multiple counts of injuring animals and failure to provide adequate sustenance. Plaintiff, the People of the State of New York, appealed the lower court’s decision to grant Defendants’ motion to suppress evidence obtained when a special agent of the American Society for the Prevention of Cruelty to Animals approached one of the defendants at his home upon an anonymous tip and inquired about the condition of the animals and asked the defendant to bring the animals outside for inspection, while the incident was videotaped by a film crew for a cable television show. The Supreme Court, Appellate Term, 2nd and 11th, 13 Judicial Districts reversed the lower court’s decision, finding that Plaintiff met its burden of establishing that the defendant voluntarily consented to the search based on the fact that the defendant was not in custody or under arrest at the time of the search, was not threatened by the special agent, and there was no misrepresentation, deception or trickery on the special agent’s part.|
|Feger v. Warwick Animal Shelter||29 A.D.3d 515 (N.Y.A.D. 2 Dept., 2006)||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.|
|State v. Criswell||305 P.3d 760 (Mont.,2013)||
Defendants were convicted of aggravated animal cruelty for subjecting ten or more animals (cats) to mistreatment or neglect by confining them in a cruel manner and/or failing to provide adequate food and water. On appeal, defendants raise two main issues: (1) whether the State presented sufficient evidence and (2) whether the District Court abused its discretion in denying their motions for mistrial. As to the sufficiency argument, the Supreme Court held that the testimony from veterinary experts as well as the individuals involved in the rescue of the 400-plus cats removed from the three travel trailers was sufficient. On the mistrial issue, the Supreme Court agreed with the District Court that the remarks were improper. However, there was no abuse of discretion by the trial court's ruling that the comments were not so egregious to render the jury incapable of weighing the evidence fairly.
|Kollman Ramos v. U.S. Dept. Of Agr.||322 Fed.Appx. 814 (C.A.11)||
Petitioner sought to have the United States Court of Appeals, Eleventh Circuit, set aside a Default Decision and Order of a United States Department of Agriculture Judicial Officer concluding that Petitioner had willfully violated multiple provisions of the AWA, including knowingly operating as a dealer without a license by delivering for transportation, or transporting, two lions for exhibition without a valid license to do so, causing injury to two lions that resulted in the death of one of the lions, and lying to investigators about Petitioner’s actions. The Court affirmed the Judicial Officer’s Decision and Order, finding, among other things, that the USDA did not err in concluding that Petitioner failed to admit or deny any material allegations in the complaint and was thus deemed to have admitted all allegations, the Judicial Officer did not abuse his discretion by revoking Petitioner’s AWA license on a finding of willfulness, and that that the Judicial Officer’s Decision and Order did not violate fundamental principles of fairness as embodied in the Fifth Amendment of the United States Constitution, the Administrative Procedures Act, the Animal Welfare Act, and the USDA’s rules.
|Rickrode v. Wistinghausen||340 N.W.2d 83 (Mich.App.,1983)||
In this Michigan case, a mother sued as next friend for injuries suffered by her daughter after the daughter was attacked by defendant's domestic cat. The lower court directed a verdict in favor of the cat's owner and the mother then appealed. The Court of Appeals held that evidence warranted submission to the jury on questions of strict liability and negligence. If an owner has knowledge that her cat has bitten children before and that it was suffering from a disease that makes the cat extra sensitive, then a prima facie case has been made that the cat was dangerous, posing more than the normal risk of harm from cats.
|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.
|Peloquin v. Calcasieu Parish Police Jury||367 So.2d 1246 (La.,1979)||
The finders of a stray cat were able to maintain a conversion suit against their neighbors who trapped the cat and brought it to a shelter where it was euthanized.
|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.
|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.
|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 .
|Beck v. Cornell University||42 A.D.3d 609 (N.Y.A.D. 3 Dept., 2007)||
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.
|Dixon v. State||455 S.W.3d 669 (Tex. App. 2014), petition for discretionary review refused (Apr. 29, 2015)||An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling.|
|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.
|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.|
|Peoria County v. Capitelli||494 N.E.2d 155 (Ill.App. 3 Dist.,1986)||
This Illinois case concerns the appeal of a conviction for allowing a cat to run at large in violation of an ordinance enacted by the plaintiff, Peoria County. The defendant contends on appeal that the county as a non-home-rule unit of government lacked the authority to enact the ordinance. The court disagreed, finding the counties were given the express power to establish animal pounds and to dispose of stray animals pursuant to the provisions of the Impounding and Disposition of Stray Animals Act which concerns pet dogs and cats, and the Illinois Animal Control Act, which deals with stray animal control, rabies protection, liability for animal bites and related topics. More interesting is the dissent's position, which finds that the statute makes no mention of the power to regulate cats. Moreover, there can be no logical implication of authority to regulate cats running-at-large from the delegation of authority to regulate dogs running-at-large.
|Lockett v. Hill||51 P.3d 5 (Or.App.,2002)||
In this Oregon case, plaintiff sued defendant after defendant's pit bulls mauled plaintiff's cat to death while they were running loose on plaintiff's property. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiff sought appeal of the trial court's denial of damages for negligent infliction of emotional distress (NIED) and loss of companionship. The appellate court affirmed, holding that the cat owner was not entitled to recover damages for emotional distress.
|Mahan v. State||51 P.3d 962, 963 (Alaska Ct. App. 2002)||Mahan had over 130 animals on her property. Alaska Equine Rescue went to check on the condition of the animals at the request of her family members. The animals were in poor health and were removed by Alaska State Troopers and the Rescue. The animals were then placed in foster homes. The defendant's attorney requested a writ of assistance to require law enforcement to assist and force the foster families to answer a questionnaire. The appellate court held that the families were under no legal obligation to answer the questionnaire unless the court were to issue a deposition order and the families were to be properly subpoenaed. The district court's denial of the writ was upheld. Mahan's attorney also asked for a change of venue due to the publicity the case garnered. The court held the defendant was not entitled to a change of venue when 15 jurors had been excused and there was no reason to doubt the impartiality of the jurors who were left after the selection process. There was no indication that the jurors were unable to judge the case fairly. Mahan's attorney also filed a motion to suppress a majority of the evidence, claiming that the Rescue and law enforcement unlawfully entered the property. The judge stated he would rule on the motion if it was appropriate to do so. The judge never ruled on the motion. To preserve an issue for appeal, the appellant must obtain an adverse ruling, thus it constituted a waiver of the claim. Mahan was also prohibited from owning more than one animal. She offered no reason why this condition of probation was an abuse of the judge's discretion, therefore it was a waiver of this claim. Lastly, although the Rescue received donations from the public to help care for the animals, that did not entitle Mahan to an offset. Restitution is meant to make the victims whole again and also to make the defendant pay for the expense caused by their criminal conduct.|
|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.
|Boyer v. Seal||553 So. 2d 827 (La. 1989)||In this case, plaintiff filed suit against her daughter under Civil Code article 2321 after her daughter’s cat accidentally tripped plaintiff causing injury to her wrist and back that required medication and hospitalization. Under Civil Code article 2321, plaintiff must show that the domestic animal created an “unreasonable risk of harm” and that any damage that occurred was a direct result of that harm. Additionally, the plaintiff does not need to show that the animal was acting aggressively or was inherently dangerous to collect damages under the code. The court held that plaintiff did not meet this burden of showing an “unreasonable risk of harm” because the cat “getting underfoot and accidentally tripping the plaintiff was not an unreasonable risk.”|
|Maldonado v. Fontanes||568 F.3d 263 (C.A.1 (Puerto Rico),2009)||
At issue in this particular opinion is the interlocutory appeal of the Mayor of Barceloneta, Puerto Rico based on the district court's denial of his motion to dismiss on the basis of qualified immunity. 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.
|Center for Biological Diversity v. Kempthorne||607 F.Supp.2d 1078 (D.Ariz.,2009)||
Cross motions for summary judgment on Plaintiffs’ claim against Defendants, the Secretary of the Interior and the U.S. Fish and Wildlife Service, alleging that the Secretary’s failure to designate critical habitat and prepare a recovery plan for the jaguar was unlawful under the ESA. The United States District Court, D. Arizona granted Plaintiffs’ motion in part and denied Plaintiffs’ motion in part, finding that Defendants’ determination that designation of a critical habitat would not be prudent must be set aside because it did not appear to be based on the best scientific evidence available as required by the ESA, and that Defendants’ determination not to prepare a recovery plan must also be set aside and remanded for further consideration because the determination was inconsistent with Defendants’ own policy guidance and long-standing practice concerning the distinction between foreign and domestic species.
|California Veterinary Medical Ass'n v. City of West Hollywood||61 Cal.Rptr.3d 318 Cal.App. 2 Dist., 2007)||
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.