Cats: Related Cases
|Towers-Hammon v Burnett
| QDC 282
The respondent pleaded guilty to bashing several cats with an iron bar causing four deaths. The dead cats, along with one severely beaten but still alive kitten, were placed in a bag and disposed of in a charity clothing bin. On appeal, it was held that the trial judge failed to have sufficient regard to the callous nature of the respondent's actions and the respondent was sentenced to three months' imprisonment.
|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 .
|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.
|Vill. of Orion v. Hardi
|2022 IL App (4th) 220186
|The plaintiff, the Village of Orion (Village), sued defendants, Patricia A. Hardi and Michael Larson, to enjoin them from keeping more than three cats in violation of a Village ordinance. After a dismissal and amended complaint by the Village, the trial court granted defendants' amended motion to dismiss, finding that the Village had previously voted to allow defendants to keep more than three cats. Here, the Village appeals this decision. By way of background, the defendants lived together in the Village since 1998, and one defendant served as the animal control officer for about 15 years. In 2013, the Village enacted an ordinance making it unlawful to keep more than three dogs or cats over the age of six months (except for licensed kennels or veterinarian clinics). At a Village board meeting in 2014, the minutes revealed that members of the board agreed to allow defendants to keep the dogs ad cats to live out their natural lifetimes. However, in 2017, the Board served a "notice to abate nuisance" for keeping more than three cats or dogs. This was followed by a complaint filed by the Village against defendants. In 2018, defendants filed a motion to dismiss alleging the three-cat limit was arbitrary and was "superseded" by a criminal action where one defendant pleaded guilty to animal cruelty, but was allowed to keep 10 cats. The trial court's order found that the Board's language at the 2014 meeting revealed "unambiguous" language that defendants could keep the cats in their possession. After remand, the Village filed its second amended complaint in 2022 and defendants against filed a motion to dismiss. After a hearing with testimony from Board members and others, the trial court found there was a motion to allow the keeping of the excess cats and this negated the ability of the Village to proceed with an ordinance violation. On appeal here, this court finds the 2014 board minutes are insufficient to support a motion to dismiss. The submission of the board minutes together with and a defense witness, followed by the Village's presentation of another board member's testimony to refute that, amounted to the court "improperly allow[ing] the parties to conduct a mini-trial on the veracity of the essential allegations of the complaint." The motion was used to attack the factual basis of the claim. Thus, the trial court's order granting the dismissal was reversed and the matter was remanded.
|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."
|Woudenberg v. U.S. Dept. of Agriculture
|794 F.3d 595 (6th Cir., 2015)
|According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who were in the business of buying and selling dogs and cats (i.e. class B dealers) may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” Another provision required a dealer in such a case to “obtain [ ] a certification that the animals were born and raised on that person's premises.” The question in this case was whether there was a violation when the dealer obtained the required certification, but the certification was false. The regulatory language was clear that a dealer violated the law by obtaining a dog or cat from an individual donor who did not breed or raise it on the donor's premises and it was still a violation even when the dealer in good faith obtained certifications that the animals had been so bred and raised. The certification requirement was an enforcement mechanism for the prohibition, not an exception. The Department of Agriculture therefore properly entered a cease-and-desist order against the petitioner.