Dogs: Related Cases
|Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.)||267 Cal.Rptr. 755 (1990)||
In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.
|Zimmerman v. Wolff||622 F.Supp.2d 240 (E.D. Pa. 2008)||Plaintiff initiated this action against defendant in his official capacity as Secretary of the Pennsylvania Department of Agriculture, asking the Court to enjoin defendant from seizing plaintiff's dogs and from preventing him from operating his dog kennel under his federal license. Plaintiff simultaneously filed a motion for a temporary restraining order and a preliminary injunction. The State moved for dismissal due to lack of subject matter jurisdiction. Since the Animal Welfare Act did not create a private cause of action, the district court dismissed the claim for lack of subject matter jurisdiction. Plaintiff’s constitutional claims were also dismissed because the court lacked subject matter jurisdiction over constitutional claims brought against state actors directly. Plaintiff’s motions were therefore denied and defendant’s motion was granted. The court went on to address whether it would be appropriate to grant plaintiff leave to amend his complaint to bring the Commerce and Supremacy clause claims under 42 U.S.C. § 1983 and found that it would be futile for both.|
|Zelman v. Cosentino||22 A.D.3d 486 (N.Y. 2005)||
A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard. The repairman brought claims against the dog's owner under under theories of strict liability and negligence. The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed.
|Zeid v. Pearce||953 S.W.2d 368 (Tex.App.-El Paso, 1997)||
Richard and Susan Zeid appeal from the trial court's order dismissing their lawsuit against Dr. William Pearce, d/b/a Coronado Animal Clinic, for veterinary malpractice after the dog suffered from allergic reactions resulting from alleged negligent vaccinations. The court observed that, in Texas, the recovery for the death of a dog is the dog's market value, if any, or some special or pecuniary value to the owner that may be ascertained by reference to the dog's usefulness or services. Consequently, the court found this longstanding Texas rule to be inconsistent with the Zeids' claim for pain and suffering and mental anguish. Because the Zeids did not plead for damages for the loss of their dog that are recoverable in Texas, the trial court did not err in sustaining Dr. Pearce's special exception and dismissing their cause of action.
|Zageris v. Whitehall||594 N.E.2d 129 (Ohio App. 10 Dist.,1991)||
The single-family residence property owner and owner of dogs kept on property filed suit for declaratory judgment, petition for habeas corpus, and civil rights claims against city based on city's enforcement of ordinance prohibiting number of dogs on property. He then appealed the ruling in favor for the city. The Ohio Court of Appeals held that the local ordinance limiting number of dogs on single family property was a nuisance and not zoning measure and consequently a valid exercise of city's police power.
|Yuzon v. Collins||10 Cal.Rptr.3d 18 (Cal.App. 2 Dist.,2004)||
In this California case, a dog bite victim sued a landlord, alleging premises liability in landlord's failure to guard or warn against tenants' dangerous dog. On appeal from an order of summary judgment in favor of the landlords, the Court of Appeal held that the landlord owed no duty of care, as he had no actual knowledge of dog's dangerous propensities and an expert witness's declaration that the landlord should have known of the dog's vicious propensities was insufficient to warrant reconsideration of summary judgment ruling. The landlord's knowledge that tenants may have a dog because it is allowed through a provision in the lease is insufficient to impute liability where the landlord has no knowledge of any previous attacks or incidents.
|Youngstown v. Traylor||123 Ohio St.3d 132, 914 N.E.2d 1026 (Ohio,2009)||Defendant was charged with two misdemeanors after his unrestrained Italian Mastiff/Cane Corso dogs attacked a wire fox terrier and its owner. Defendant filed a motion to dismiss the charges against him, arguing that YCO 505.19(b) is unconstitutional and a violation of his procedural due process rights. The Supreme Court of Ohio held that the Youngstown municipal ordinance was constitutional because it was “rationally related to the city's legitimate interest in protecting citizens from vicious dogs,” provided “the dog owner with a meaningful opportunity to be heard on the dog's classification,” and did not “label dogs as dangerous or vicious” solely based on their breed type.|
|Young's Bus Lines v. Redmon||43 S.W.2d 266 (Tex. 1931)||
Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages.
|Xu v. Chen||2008 CarswellBC 1693||
The Claimant's six-month old sheltie puppy, "Diamond,” suffered a serious limb injury outside the front yard of the family home. Claimant seeks to recover the veterinarian costs she incurred to treat the dog's injury against Defendants, the owners of the other dog that allegedly attacked claimant’s dog. The court found that there was evidence that Defendant was previously contacted by Animal Control as well as a neighbor about an incident where Angus lunged at another dog. The Claimant has established, on a balance of probabilities, that Angus had manifested a propensity to cause the type of harm occasioned that night. Claimant was 25% liable for the incident where she left Diamond in an unfenced yard that gave other dogs access. The court denied Xu’s claim of $5500 for future medical costs for the care of Diamond because there was no evidence what these would be and the dog was currently living with another family.
|Wyno v. Lowndes County||331 Ga. App. 541, 771 S.E.2d 207 (2015), cert. denied (June 15, 2015)||Victim was attacked and killed by her neighbor's dog. Victim's husband, acting individually and as administrator of his wife's estate, brought action against dog owners and several government defendants, whom he alleged failed to respond to earlier complaints about the dog. The trial court dismissed the action against the government for failure to state a claim, concluding that sovereign and official immunity or, alternatively, the Responsible Dog Ownership Law (OCGA § 4–8–30), barred action against the government defendants. Husband appealed. The appeals court held the trial court did not err in dismissing the action against the county and its employees in their official capacities. The former version of OCGA § 4–8–30, effective at the time of the attack, provided immunity to local governments and their employees from liability for all injuries inflicted by dangerous or potentially dangerous dogs. The appeals court held that the trial court erred in dismissing the action against the employees in their individual capacities based on official immunity, however. By applying the former OCGA § 4–8–30 (2012) to dismiss the action against the employees in their individual capacities, the trial court implicitly rejected the husband’s constitutional challenge to the statute. Judgment was therefore affirmed in part and reversed in part, and remanded to the trial court to enter a ruling specifically and directly passing on the husband’s constitutional challenge.|
|Wright v. Schum||781 P.2d 1142 (Nev.,1989)||
In this Nevada case, an eleven-year-old boy who was a passerby was bitten by a dog. The jury found the owner liable, but trial court judge dismissed the landlord as a defendant. The Supreme Court found the landlord in this case could be liable under general tort obligations because he voluntarily undertook a duty to secure the neighborhood from harm by the dog after he made the tenant promise not to allow the dog outside unless chained. Thus, material questions of fact remained that precluded summary judgment as to whether the landlord breached his duty of care to the public where he allowed the tenant to remain with the dog and then failed to repair the gate that allowed the dog to escape and injure the plaintiff when it was left unchained.
|WRIGHT v. CLARK||50 Vt. 130 (1877)||
Defendant shot plaintiff’s hunting dog, and plaintiff sued for trespass. The dog was shot while in pursuit of a fox. Defendant shot at the fox, but accidentally hit the dog. The court held that, because the shooting was a voluntary act, he was liable for exemplary damages for “intentionally or wantonly” shooting the dog.
|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.|
|Woodside Village v. Hertzmark||1993 WL 268293 (Conn. 1993)||The question in this case is whether federal and state laws outlawing discrimination in housing prohibit the eviction of a mentally disabled defendant from his federally subsidized apartment because of his failure to comply with the plaintiff's pet policy. The plaintiff here had disabilities including schizophrenia and severe learning disabilities. The plaintiff-landlord allowed tenants to keep pets, but required pet care, which included walking the dogs in a designated area and requiring that tenants use a "pooper scooper" to clean up behind their pets. The tenant-defendant here does not dispute that he failed to comply, but claims the plaintiff-landlord, as a recipient of federal funds, failed to reasonably accommodate his disability. The court found that plaintiff-landlord did in fact accommodate the defendant-tenant's disability by either waiving the provisions of its pet policy or permitting the defendant to build a fenced in area for the dog in the rear of the defendant's apartment. The eviction here was not based on the fact that defendant-tenant possesses a dog, but on his "demonstrated inability to comply with the plaintiff's pet policy." This, said the court, put other residents' health, safety and comfort at risk.|
|Wolf v. Taylor||197 P.3d 585 (Or. App., 2008)||This action comes as part of the dissolution of the parties' domestic partnership. The parties had entered into a settlement agreement, which included a provision granting full ownership of Mike, the couple's dog, to Taylor, so long as he agreed to grant Wolf visitation with Mike. Approximately one month later, Wolf had second thoughts and moved to rescind the entire agreement based on the invalidity of the dog visitation provision. Wolf asserts the provision is invalid because it attempts to grant visitation with an item of personal property, and is impossible to perform. This court only answered the question whether invalidity of the dog visitation provision would invalidate the entire agreement, which they answer in the negative because of the severability provision included in the agreement.|
|Williams v. Spinola||622 P.2d 322 (Or.App., 1981)||
Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages.
|Williams v. Neutercorp (Unpublished)||1995 Tex. App. LEXIS 833 (Tex Ct. App. Apr. 20, 1995).||
Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. § 17.50. The special execption is that the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading.
|Williams v. McMahan||2002 WL 242538 (Wa. 2002)||
The plaintiff sued for damages as a result of the wrongful spaying of her purebred dog, which she intended to breed. The court found that damages should be measured by the fair market value of the dog.
|Williams v. Lexington County Bd. of Zoning Appeals||413 S.C. 647, 776 S.E.2d 749 (S.C. Ct. App. 2015)||Appellant sought review of the circuit court's order upholding the Lexington County Board of Zoning Appeals' unanimous decision that the county zoning ordinance prohibits Appellant from operating a dog grooming business at her home. The appeals court found that the word kennel, as used in the Lexington County Zoning Ordinance for Resident Local 5 (RL5), included dog grooming. Since Appellant’s dwelling was zoned RL5 and the ordinance prohibited kennels in RL5, the appeals court upheld the circuit court’s decision.|
|Williams v. Hill||658 So.2d 381 (Ala.,1995)||
In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars. “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.”
|Williams v. Galofaro||79 So.3d 1068 (La.App. 1 Cir. 11/9/11)||
Housekeeper tripped over the family dog, sustaining injuries. She and her husband sued homeowners and their insurer for damages. The Court of Appeal found for defendants, holding that the dog did not pose an unreasonable risk of harm because plaintiffs did not show that the risk of injury resulting from puppy-like behavior multiplied by the gravity of the harm threatened outweighed the utility of keeping the dog as a pet.
|WILCOX v. BUTT'S DRUG STORES, Inc.||35 P.2d 978 (N.M. 1934)||
In Wilcox v. Butt’s Drug Stores , plaintiff came into pharmacy to purchase her usual laxative for her show dogs when pharmacist recommended a different brand that ended up killing one of the dogs. The New Mexico Supreme Court held that although sentimental value was not appropriate when calculating the dog’s value, it found recovery not to be limited to market value. Factors such as breed, special qualities, and purchase price were looked at to determine value.
|Wiederhold v. Derench||2003 Conn. Super. LEXIS 1795||A dog owner had purchased a Newfoundland dog from a breeder and signed a contract that stated she would return the dog to the breeder if she could no longer care for it. After the dog attacked another dog, the owner had the obligation to return the dog to the breeder. A third party, the owner’s friend attempted to help the owner and contacted the breeder to notify her about the owner's intention to return the dog. The breeder was busy on that particular day. She was with another dog delivering another litter of puppies and could not come to pick up the owner's dog. The owner then sold the dog to the defendant, a dog breeder and co-chair of the Newfoundland Club of New England Rescue. The rescue worker had prepared a bill of sale, which the owner signed, and the rescue worker then handed the owner $100 to help with expenses. The trial court held that the transfer to the rescue worker was not a bona fide sale. The rescue worker took possession of the dog in her capacity as a member of the rescue organization and not as a bona fide buyer. The court also found that the original breeder had not given up her contract rights to the dog. The breeder was handling an emergency delivery of puppies with a different dog, which made it reasonable that she could not pick up the owner's dog that day. The defendant rescue worker knew the breeder had not relinquished her contractual ownership right to the dog and so the court held that the plaintiff was the sole owner and entitled to sole possession.|
|Whitman v. State||2008 WL 1962242 (Ark.App.,2008)||
Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.
|White v. Vermont Mutual Insurance Company||106 A.3d 1159 (N.H., 2014)||This is an appeal brought by Susan and Peter White to a declaratory judgment that her son, Charles Matthews, was not covered under Susan's homeowner's insurance policy with the respondent.The incident that led to this case involved Matthews' dog causing injury to Susan while at the home covered by the policy. The policy covered the insurer and residents of their home who are relatives, so Susan attempted to collect from Vermont Mutual for the damage done by the dog. However, her claim was denied because Matthews was deemed to not be a resident of the home. This court affirms.|
|White v Diocese of Buffalo, N.Y||138 A.D.3d 1470 (N.Y. App. Div. 2016)||Plaintiff, Rosemary White brought action against the Defendant, Sacred Heart Roman Catholic Church seeking damages for injuries she sustained when she was bitten by a priests’ dog, at premises owned by the church. White brought the action claiming negligent supervision and retention of the priest who owned dog. The church moved to dismiss, and White moved for summary judgment. The New York Supreme Court, Erie County, granted the church's motion for dismissal, and denied White’s motion. White appealed and the New York Supreme Court, Appellate Division, held that the church was not liable for negligent supervision or retention of the priest. The Appellate Division, reasoned that the Supreme Court, Erie County, properly granted the church’s motion to dismiss White’s complaint for failure to state a cause of action. The Court stated that to the extent White alleged a theory of negligent supervision and retention of the priest in her bill of particulars, the “purpose of the bill of particulars is to amplify the pleadings . . . , and [it] may not be used to supply allegations essential to a cause of action that was not pleaded in the complaint.” Therefore, the order from the Supreme Court was affirmed.|
|Whelen v. Barlow||1975 CarswellAlta 242||
Plaintiff Whelen was drunken, threatening and disorderly in defendant Barlow's hotel bar, where he kept guard dogs for the purpose of preventing break-ins and keeping the peace. After the plaintiff and friends were asked to leave the premises and not return, he later returned, making threatening gestures and was bitten on the face and arm by one of the guard-dogs. The court held that the plaintiff was 2/3 contributorily liable for his injuries, since when he returned he was trespassing; the defendant was 1/3 contributorily liable since the court held that keeping volatile guard-dogs as bouncers was not reasonable.
|Westberry v. Blackwell||577 P.2d 75 (Or. 1978)||
In this Oregon case, plaintiff filed this action to recover for personal injuries sustained when she was bitten by defendants' dog. The complaint alleged a cause of action for strict liability and another for negligence. The trial court granted a judgment of involuntary nonsuit on both causes of action. On appeal, this court found the previous biting, which had occurred only one hour before, could reasonably lead a jury to believe that the dog had dangerous propensities, and that the defendants had knowledge of them. Thus, the court found that the involuntary nonsuit on the strict liability cause was improperly granted. Further, the question of whether the owner, who knew the dog had bitten the guest while on her way into the owner's house, was negligent in failing to control or confine the dog, was for the jury. Reversed and remanded.
|WERTMAN v. TIPPING||166 So.2d 666 (Fla.App., 1964)||
The plaintiffs, owners of a seven-year-old trained, registered full blood German Shepherd dog, sued the defendants for the loss of this dog from the kennels at the animal hospital owned and operated by the defendant. The dog had been boarded at defendant's place and while there escaped from the kennel and was never found. This case set the wheels in motion for companion animals damages in Florida when the court affirmed a verdict of $1000, for a purebred dog. The court declined in only applying the fair market value and held that recovery could include special or pecuniary value to the owner.
|Wells v. Brown||217 P.2d 995 (Cal.App.4.Dist. 1950)||
In this California case, damages were assessed beyond the purchase price of a dog involved in a hit and run case where the defendant negligently ran over and killed a 15 month old pure-bred Waeimaraner. After the defendant ran over the dog, he shot the dog and buried it. The next morning he contacted the veterinarian listed on the collar, as well as the owner of the dog. The court upheld the jury verdict of $1,500 since the purchase price was determined to not reflect the market value at the time of the dog’s death.
|Weigel v. Maryland||950 F.Supp.2d 811 (D.Md 2013)||
Following the Tracey v. Solesky opinion, a nonprofit, nonstock cooperative housing corporation issued a rule that banned pit bulls on its premises. Members and leaseholders who owned dogs believed to be pit bulls sought a temporary restraining order and preliminary injunction against the corporation and the state of Maryland in an amended complaint. Although the district court found the plaintiffs had adequately demonstrated standing and ripeness in their claims, the court also found that some of the leaseholders and members' charges were barred by 11th Amendment immunity and by absolute judicial immunity. Additionally, the district court found that the leaseholders and members' amended complaint failed to plead plausible void-for-vagueness, substantive due process and takings claims. The district court, therefore, granted the state's motion to dismiss and held all other motions pending before the court to be denied as moot.
|Webber v. Patton||558 P.2d 130 (Kan. 1976)||
Veterinary costs and consequential losses are also allowed in determining damages, according this Kansas case. It should be noted that the animal at issue here was a domestic pig versus a companion animal, and the award of damages was secured by a statute that allows recovery for all damages for attacks on domestic animals by dogs.
|Webb v. Avon|| EWHC 3311||This case addressed the power of the court to make a contingent destruction order under Section 4B of the Dangerous Dogs Act 1991 (as amended). These orders allow dangerous dogs to be released and kept under strict conditions. The court held that the 19991 Act is not clear as to the breadth of who these conditions apply to, but considered that dangerous dogs may only be released to their owners or other persons properly identified as being in charge. The case was remitted to the Crown Court for further determination. The court also addressed other aspects of the 1991 Act along with the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015.|
|Webb v. Amtower||2008 WL 713728 (KS,2008 (not reported))||
The court applied the forum's traditional lex loci conflict-of-laws rule to determine what jurisdiction's law governed for both damages and recovery of possession. The "place of injury" for the tort/damages issue was Kansas since that's where the contract was signed. The court remanded the case to determine the law of the place where the dog was found to determine the right-to-possession since that was a personal property issue.
|Watson v. State of Texas||369 S.W.3d 865 (Tex.Crim.App. 2012)||
Defendants were convicted of attack by dog resulting in death (Tex. Health & Safety Code § 822.005(a)(1)) after a 7-year-old was killed by several of defendants' pit bull dogs. On this appeal, appellants contend that the statute fails to define the terms “attack” and “unprovoked,” and that it fails to specify what conduct is prohibited, resulting in arbitrary enforcement. Thus, jurors could have determined different definitions of the elements of the offense, violating the unanimous jury guarantees of the Texas and United States Constitutions. The Court of Criminal Appeals disagreed, finding, "[t]he statute contains objective criteria for determining what conduct is prohibited and therefore does not permit arbitrary enforcement." The Court of Criminal Appeals affirmed the Court of Appeals decision stating that the Dog Attack statute did not violate Due Process and that the defendants' convictions did not violate the unanimous jury guarantees of the Texas or the U.S. constitution.
|Waters v. Powell||232 P.3d 1086 (Utah Ct. App., 2010)||
In this Utah case, defendant Powell took his dog to a kennel managed by plaintiff Waters to be boarded for a few days. Waters took the dog to a play area to be introduced to the other dogs where the dog bit Waters. Waters filed a complaint against Powell alleging that he was strictly liable for the injury the dog inflicted. On interlocutory appeal, the Court of Appeals held that Waters was a "keeper" of the dog for purposes of the state's dog bite statute (sec. 18-1-1). Waters essentially conceded on appeal that if she is a keeper then she is precluded from asserting a strict liability claim against Powell. Thus, the district court's denial of summary judgment was reversed and the case remanded with instructions that Powell's summary judgment motion be granted.
|Warren v. Delvista Towers Condominium Ass'n, Inc.||49 F.Supp.3d 1082 (S.D. Fla. 2014)||In its motion for summary judgment, Defendant argues Plaintiff’s accommodation request under the Federal Fair Housing Act (the “FHA”) to modify Defendant's “no pet” policy was unreasonable because Plaintiff's emotional support animal was a pit bull and pit bulls were banned by county ordinance. In denying the Defendant’s motion, the District Court found that changing a no pets policy for an emotional support animal was a reasonable accommodation under the FHA. The court also found that enforcing the county ordinance would violate the FHA by permitting a discriminatory housing practice. However, in line with US Department of Housing and Urban Development notices, the court found genuine issues of material fact remained as to whether the dog posed a direct threat to members of the condominium association, and whether that threat could be reduced by other reasonable accommodations.|
|Warren v. Commonwealth||822 S.E.2d 395 (Va. Ct. App., 2019)||Warren, the defendant in this case, videotaped on his cell phone sexual encounters he had with K.H. and her dog. The videos showed the dog's tongue penetrating K.H.'s vagina while K.H. performed oral sex on Warren. In March of 2017, Deputy Sheriff Adam Reynolds spoke to Warren about an unrelated matter. Warren asked if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Reynolds contacted Investigator Janet Sergeant and they obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code § 18.2-361(A), which criminalizes soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal," is facially unconstitutional and unconstitutional as applied to him. "He argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults." The trial court denied Warren's motion to dismiss. The trial court convicted Warren of the charged offense. Warren appealed again challenging the constitutionality of the offense and that it violated his due process rights. Warren relied on a Supreme Court case, Lawrence v. Texas, which held that two adults engaging in consensual homosexual sexual practices was protected by the due process clause. He argued that the reasoning of Lawrence applies with equal force to his case. The Court of Appeals reasoned that although Code § 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. "If Lawrence, which involved a prohibition on same-sex sodomy, did not facially invalidate the anti-sodomy provision of then Code § 18.2-361(A), it defies logic that it facially invalidates the bestiality portion of the statute that existed before the 2014 amendment and is all that remains after that amendment." Even though Warren claims his right as "the right of adults to engage in consensual private conduct without intervention of the government," the court concluded that the right he is actually asserting is the right to engage in bestiality. Code § 18.2-361(A) "does not place any limitation on the rights of consenting adults to engage in private, consensual, noncommercial, sexual acts with each other." The only act it prohibits is sexual conduct with a brute animal. Therefore, the only right the statute could possibly infringe on wold be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court of Appeals held that the General Assembly's prohibition of bestiality does not violate the Due Process Clause of the Constitution. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court.|
|Ware v. State||949 So. 2d 169 (Ala. Crim. App. 2006)||
In this Alabama case, defendant Walter Tyrone Ware was indicted on six counts of owning, possessing, keeping, and/or training a dog for fighting purposes, and one count of possessing a controlled substance. Police were dispatched to defendant's residence after receiving an anonymous tip about alleged dogfighting. Upon arriving, police found a bleeding dog on the ground next to an SUV, a puppy in the SUV, and 22 more pit bull dogs in the backyard. Most of the dogs were very thin or emaciated, and at least two dogs had fresh cuts or puncture wounds. On appeal, defendant claimed that there was no evidence that he had attended a dog fight or hosted one. However, the court observed that Alabama's dogfighting statute does not require such direct evidence; rather, a case was made based on evidence of training equipment, injured dogs, and the dogs' aggressive behavior exhibited at the animal shelter after seizure.
|Ward v. Hartley||895 A.2d 1111 (Md.App., 2006)||
In this Maryland case, a dog bite victim filed a negligence and strict liability action against the dog owners and their landlords. In plaintiff's appeal of the trial court's granting of defendant's motion for summary judgment, the appellate court held that the landlords had no control over the premises where the "dangerous or defective condition" existed and thus had no duty to inspect. The court found that first, no statute, principle of common law, or provision in the lease imposed upon the landlord the duty to inspect the leased premises to see if a vicious animal was being kept. Second, there was no evidence presented that, at the time the lease was signed by the landlord, he knew, or would have had any way of knowing, that a vicious animal was to be kept on the premises.
|Warboys v. Proulx||303 F.Supp.2d 111 (D. Conn. 2004)||
Pitbull owner filed suit seeking compensatory damages arising from the shotting and killing of his dog by police. Defendants removed the action based on federal question jurisdiction and moved for summary judgment, and the dog owner moved to amend the complaint. Motions granted.
|Wallen v. City of Mobile||--- So.3d ----, 2018 WL 3803749 (Ala. Crim. App. Aug. 10, 2018)||Wallen appeals her convictions for six counts of violating Mobile, Alabama's public nuisance ordinances. The nuisance convictions stem from an anonymous complaint about multiple barking dogs at Wallen's property. After receiving the tip in March of 2016, an animal control officer drove to the residence, parked across the street, and, as he sat in his car, heard dogs bark continuously for approximately ten minutes. That same day, a local realtor went to house that was for sale behind Wallen's property and heard an "overwhelming" noise of dogs barking continuously for 30-45 minutes. For almost a year, officers received complaints about noise coming from Wallen's house. In May of 2017, Wallen entered a plea of not guilty for multiple charges of violating the public nuisance ordinance in Mobile Circuit Court. She also filed a motion to dismiss, arguing that the Mobile City Code was unconstitutionally vague. Her motion was later denied, and a jury trial was held where Wallen was found guilty of six counts of violating Mobile's public-nuisance ordinance. On appeal, Wallen first argues that the public nuisance ordinance is unconstitutionally overbroad because it regulates without reference to time, place, and manner. However, the court found that Wallen did not establish how the overbreadth doctrine applied to her case and how the ordinance was unconstitutional. As to her next vagueness challenge, Wallen contended that the ordinance had no objective standards to determine whether a dog's barking is disturbing or unreasonable. This court disagreed, finding the statute defines what are "disturbing noises" (which specifically states barking), and other courts previously established that the term "habit" in a dog-barking statute is not vague. Finally, the found that Wallen's last general argument, that the code is unconstitutional as applied to her, did not satisfy court rules with respect to issues presented and support with authority on appeal. The judgment of the lower court was affirmed.|
|Wall v. City of Brookfield||406 F.3d 458 (7th Cir. 2005)||
A dog that was constantly in violation of local leash ordinances was held as a stray by the town. The owner of the dog brought a section 1983 action claiming deprivation of the dog's companionship without due process and the trial court held in favor of the town. The Court of Appeals affirmed reasoning that only a post-deprivation hearing was necessary under the statute (which defendant could have received had she filed a petition with the court).
|Wade v. Rich||618 N.E.2d 1314 (Ill.App. 5 Dist.,1993)||
Plaintiff sued dog owners for injuries from a dog attack. The jury ruled in favor of plaintiff for medical expenses, and plaintiff sought a new trial as to damages only. The court held that a new trial on damages was appropriate because the jury's failure to award damages for pain and suffering was against the manifest weight of evidence as defendant's liability was established by the viciousness of the dog repeatedly biting plaintiff about the head and face, which was out of proportion to the unintentional act of plaintiff falling onto the sleeping dog. Unintentional or accidental acts can
|Vukic v. Brunelle||609 A.2d 938 (R.I. 1992)||This case involves a defendants' appeal from a judgment entered in the Superior Court wherein the dog officer of the town of Lincoln was found to have negligently destroyed a Great Dane dog and her pup. The court held that the Rhode Island statute that mandated an officer kill a dog at large preempted the local ordinance that allowed impoundment. Despite the dog owners' arguments that the statute was outdated and archaic, the court refused to invalidate it. It thus reversed the jury award to the dog owners.|
|Vosburgh v. Kimball||285 A.2d 766 (Vt. 1971)||
This case involves an action by a dog owner against farmer for wrongfully impounding dogs and against town constable for wrongfully killing the dogs. The Vermont Supreme Court held that farmer had acted in a reasonable and prudent manner by contacting the constable, where he never intended to "impound" the dogs when he secured them overnight in his barn after finding them in pursuit of his injured cows. However, the issue of whether the dogs were wearing a collar as required by state law precluded the granting of a directed verdict for the constable. (Under state law, a constable was authorized to kill dogs not registered or wearing a prescribed collar.) The court held that it was necessary for the jury to make this determination.
|Volosen v. State||192 S.W.3d 597(Tex.App.-Fort Worth, 2006)||
In this Texas case, the trial court found Appellant Mircea Volosen guilty of animal cruelty for killing a neighbor's dog. The sole issue on appeal is whether the State met its burden of presenting legally sufficient evidence that Volosen was "without legal authority" to kill the dog. By statute, a dog that "is attacking, is about to attack, or has recently attacked ... fowls may be killed by ... any person witnessing the attack." The court found that no rational trier of fact could have determined beyond a reasonable doubt that the dog was not attacking or had not recently attacked chickens in a pen in Volosen's yard; thus, the evidence is legally insufficient to establish that Volosen killed the dog "without legal authority" as required to sustain a conviction for animal cruelty. Judgment Reversed by Volosen v. State , 227 S.W.3d 77 (Tex.Crim.App., 2007).
|Volosen v. State||227 S.W.3d 77 (Tex. Crim. App., 2007)||
Appellant killed neighbor's miniature dachshund with a maul when he found it among his chickens in his backyard, and he defends that Health & Safety Code 822 gave him legal authority to do so. At the bench trial, the judge found him guilty of animal cruelty, but on appeal the court reversed the conviction because it found that the statute gave him legal authority to kill the attacking dog. However, this court held that appellant did not meet his burden of production to show that the statute was adopted in Colleyville, TX and found as a matter of fact that the dog was not "attacking."
|Volosen v. State||227 S.W.3d 77 (Tx.Crim.App. 2007)||
The appellant/defendant mauled a miniature dachshund to death after the dog entered a yard where the appellant kept his chickens. The State of Texas prosecuted the appellant/defendant for cruelty to animals on the ground that the appellant/defendant killed the dog without legal authority. The appellant/defendant, however, argued that section 822.033 of the Texas Health and Safety Code, an entirely different statute, provided that authority. After the appeals court reversed the district court’s decision to convict the defendant/appellant, the Texas Court of Criminal Appeals found that the appellant/defendant had failed to meet his burden of production to show the applicability of his claimed defense and thus reversed the court of appeals’ judgment and remand the case back to that court.
|Village of Carpentersville v. Fiala||425 N.E.2d 33 (Ill.App., 1981)||
In this Illinois case, the defendant, Joseph R. Fiala, appealed a violation of the Village Code of Carpentersville, which prohibited the ownership of more than two adult dogs at his single-family residence. In a hearing, one of defendant's neighbor's testified that the defendant was maintaining 15 large red dogs (Irish setters). The Illinois Appellate Court held that the village had statutory authority to enact any ordinance necessary for the promotion of health, safety and welfare of the community and that a municipality may also pass ordinances that "define, prevent, and abate nuisances." Further, the court also held that the village ordinance is not unconstitutional as violative of equal protection based on a classification between single-family residences and single-family units within multiple housing buildings, where such considerations of indoor and outdoor space, density, and proximity to others, noise levels, and structural differences, are rationally related to the object of the ordinance.