Cats: Related Cases
|Alvarez v. Clasen||946 So.2d 181 (La.,2006)||
Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats.
|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.
|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.
|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.
|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.
|American Bird Conservancy v. Harvey||232 F. Supp. 3d 292 (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 Plaintiffs 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.
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