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Title Citation Alternate Citation Summary Type
LaRosa v. River Quarry Apartments, LLC Slip Copy, 2019 WL 3538951 (D. Idaho Aug. 3, 2019) No. 1:18-CV-00384-BLW Plaintiffs, Robert and Iva LaRosa filed this action in August of 2018, alleging that the defendants violated their rights under the Fair Housing Act ("FHA"). The Court dismissed the complaint and the Plaintiffs filed an amended complaint. The Plaintiffs had applied to live at River Quarry Apartments in August of 2017. They requested a reasonable accommodation to keep their dog at the apartment without paying a fee. The Plaintiffs provided a copy of a note from a nurse practitioner stating that the companion dog helps manage Mr. LaRosa’s post-traumatic stress disorder. The Plaintiffs were approved for the apartment but told that their reasonable accommodation request was still being processed and received forms to fill out regarding the reasonable accommodation. River Quarry required Mr. LaRose’s doctor to fill out a form verifying the need for an assistance animal. Rather than completing the form, the plaintiffs provided a letter from Mr. LaRosa’s primary care physician which stated that in the doctor’s opinion, an emotional support animal would help mitigate the symptoms that Mr. LaRose was experiencing. River Quarry insisted on speaking with Mr. LaRose’s doctor directly to verify the information that the plaintiffs had given. After Kirk Cullimore, an attorney on behalf of River Quarry, spoke with the doctor, River Quarry wrote a letter to the Plaintiffs denying their request for a reasonable accommodation stating that the doctor declined to verify that Mr. LaRosa met the two prong test that one must be handicapped and there must be a nexus between the handicap and the need for the animal. Soon after this, Mr. LaRosa saw his primary care physician and had the actual form completed by his doctor and turned it in to River Quarry. Kirk Cullimore believed that the doctor’s signature on the form was forged and called Mr. LaRose’s doctor to speak with him again. The doctor’s secretary informed Cullimore that the signature was genuine. Mr. and Mrs. LaRosa argued that they were injured by the discrimination of the Defendants in violation of the FHA. The Court denied the Plaintiffs claim under the FHA because they did not sufficiently allege that the Defendants refused to make the requested accommodation. River Quarry allowed the dog to stay in the apartment while their request for an accommodation was reviewed. The Court stated that housing providers are granted a meaningful opportunity to investigate a request for an accommodation. Housing providers do not have to immediately approve a request for an accommodation right away. River Quarry ended up approving the request within 45 days after the initial request. The Court held that this was not an unreasonable delay considering that River Quarry did not have sufficient information to make a determination until after Mr. LaRosa’s doctor completed the verification form. Prior to that the doctor’s letter and the phone call between Cullimore and the doctor did not reveal enough information for River Quarry to make a determination on the accommodation. The Plaintiffs, however, succeeded on their interference claim. The LaRosas were engaged in a protected activity when they applied for a reasonable accommodation and they sufficiently alleged that they were subjected to adverse action and that a causal link existed between the protected activity and the adverse action. The Defendants misrepresented the contents of Mr. Cullimore and Mr. LaRosa’s doctor’s conversation. The Court ultimately denied in part and granted in part the Defendant’s motion to dismiss and denied in part and granted in part the motion to dismiss claims against Kirk Cullimore and his law office. Case
Manzke v. Jefferson County Slip Copy, 2018 WL 5095678 (W.D. Wis. Aug. 21, 2018) 58 NDLR P 49 (W.D. Wis. Aug. 21, 2018) Joshua Pernat and Sara Manzke owned property that had four miniature goats and two geese on it. Sara (plaintiff) applied for a zoning variance and a conditional use permit to accommodate her emotional support animals. Jefferson County and the Town of Ixonia denied her applications. Sara then brought forth claims under the Fair Housing Amendments Act and Wisconsin’s Open Housing Act that she was discriminated against by Jefferson County and the Town of Ixonia. Joshua and Sara also sought a notice of removal of a small claims action brought forth by Jefferson County seeking monetary sanctions for the alleged violations of the zoning variance. Jefferson County argued that the plaintiff’s federal reasonable accommodation claim was not ripe because the County never made a final decision with respect to Sara’s applications for a variance and conditional use permit. When the Town of Ixonia voted to recommend that Jefferson County deny the plaintiff’s variance application, the plaintiff withdrew her applications from consideration. Sara argued that the town’s denial “foretold a denial by the County,” and any further appeal to the County would have been fruitless. The Court did not agree. The County had no obligation to follow the town’s recommendation. The Court dismissed plaintiff’s Fair Housing Amendments Act claim for lack of subject matter jurisdiction and accordingly dismissed plaintiff’s state law claim without prejudice. Since Sara was unable to state a federal claim, the Court also held that Sara and Joshua could not remove the small claim by Jefferson County to federal court. Case
Baughman v. City of Elkhart, TX Slip copy, 2018 WL 1510678 (E.D. Tex., 2018) Plaintiff Tammy Baughman filed a complaint on May 31, 2017 seeking relief pursuant to 42 U.S.C. § 1983, alleging a violation of her Fourteenth amendment rights; the Americans with Disabilities Act (ADA), alleging that she was discriminated against; the Fair Housing Amendments Act (FHAA), alleging a failure to make reasonable accommodations; and 42 U.S.C. § 3613. Plaintiff asserts that she is disabled due to a failed back surgery. She also has fibromyalgia, depression, and other health issues. Plaintiff has a seven pound ring tail lemur that she claims is an emotional support animal that improves her quality of life. Plaintiff's lemur bit a mail carrier on December 5, 2012 which left lacerations on the carrier's hand and wrist. Plaintiff then moved to Elkhart, Texas in December 2014 where her lemur bit another person on June 25, 2015. In both instances the lemur was quarantined for 30 days and then returned to Plaintiff. The City of Elkhart enacted an ordinance on October 5, 2015 that bans all non-human primates from the city. Plaintiff claims she requested an accommodation form the City to keep her lemur as an emotional support animal, but her request was denied. The defendants, which include the mayor and city council members, claim the plaintiff never requested an accommodation. Plaintiff further alleges that the defendants "showed deliberate indifference in refusing to give [her] a hearing and defend her lemur,' which violates the FHAA and ADA. On February 15, 2018, Defendants filed a Motion for Summary Judgment seeking a dismissal of all of Plaintiff's claims. Defendants claim that Plaintiff's lemur was involved in two documented attacks in Houston County, Texas and a third in Elkhart. Defendants assert that Plaintiff runs a retail resale shop out of her home and that in the third attack on June 25, 2015, the lemur jumped on a customer in plaintiff's store. Defendants assert that the ordinance was enacted as a legitimate exercise of the City's legislative power and police power. The District court concluded that the defendants are entitled to absolute judicial immunity for their conduct because the act of voting in favor of an ordinance is an undeniable legislative action. As for Plaintiff's 1983 claim, the District Court concluded that she had not shown a genuine issue of material fact concerning whether her due process rights were violated nor does she have a basis for a procedural due process claim. The ordinance is rationally related to the City's legitimate interest in the safety and welfare of its citizens. The ordinance does not violate the equal protection clause of the Fourteenth Amendment. As for Plaintiff's ADA claim, the District Court concluded that the Plaintiff had not shown that the reasonable accommodation that she requested - an exemption from the animal control ordinance - did not place an undue burden on the City of Elkhart. No facts were provided by the Plaintiff that would show that her interest in keeping her lemur outweighs the interest of the City in protecting its citizens. As for Plaintiff's ADA claim, in order to succeed on an ADA claim, there must be some evidence that set the animal apart from an ordinary pet. The Plaintiff failed to show any evidence that her lemur is specifically trained to perform tasks that help her in her daily life. The District Court held that the Defendant's motion for summary judgment is granted and the Plaintiff's complaint is dismissed with prejudice. Case
United States v. Robinson Slip Copy, 2017 WL 806655 (D. Neb. Mar. 1, 2017)

In this case, defendants were charged with conspiracy to distribute marijuana and conspiracy to launder money after the defendant’s vehicle was searched by law enforcement during a traffic stop. During the stop, the police officer used a service dog while searching the vehicle. The defendants argued that any evidence gained by the police officer be suppressed on the grounds that the search of the vehicle was not constitutional. Specifically, the defendants argued that the police officer did not have reasonable suspicion to use the service dog while searching the vehicle. Ultimately, the court found that the search by the police officer and his service dog did not violate the defendant’s constitutional rights because the police officer had reasonable suspicion to search the vehicle. The court focused on the fact that the officer had legally stopped the vehicle and while talking to the driver and passengers he had established a reasonable suspicion that the defendants were transporting drugs. Once the police officer had a reasonable suspicion that the vehicle was transporting drugs, the police officer was legally allowed to use the service dog to search the vehicle. As a result, the court held that none of the evidence found during the search should be suppressed for violating the defendant’s constitutional rights. 

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Tuman v. VL GEM LLC Slip Copy, 2017 WL 781486 (S.D.N.Y. Feb. 27, 2017)

In this case, Tuman sued the owners of her apartment complex, VL GEM LLC and GEM Management Partners LLC, after the apartment complex refused to allow her to keep an emotional support dog in her apartment to help her deal with her post-traumatic stress disorder. Truman argued that she was discriminated against after she requested a “reasonable accommodation” for her disability, in violation of the Fair Housing Act (FHA). The defendants argued that Truman failed to provide sufficient medical documentation of her need for the support dog and therefore were not liable for discrimination under the FHA. The court found that Truman was able to establish a disability under FHA by showing that her PTSD “causes her to have severe anxiety and difficulties with socialization.” The court held that this satisfied the requirement under the FHA that the disability must “substantially limit one or more major life activities.” Since Truman qualified as disabled under the FHA, the court turned to whether or not she had provided the apartment complex with sufficient documentation and notice. Ultimately, the court found that Truman had provided the apartment with sufficient documentation because she provided them with a note from her doctor stipulating that Truman needed an accommodation in order to cope with her disability. Lastly, the court found that the apartment complex knew of Truman’s disability and request for an accommodation and still refused to allow her to have a dog, which resulted in a violation under the FHA. As a result, the court found for Truman. 

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Riley v. Bd. of Commissioners of Tippecanoe Cty. Slip Copy, 2016 WL 90770, 2016 WL 90770 (N.D. Ind. Jan. 6, 2016) (unpublished) The plaintiff filed suit based on violations of the Americans With Disabilities Act (ADA) and the Rehabilitation Act (RA) after he was denied entrance into the Tippecanoe County Courthouse with his service dog. Initially, defendant's claims were dismissed because the Court did not adequately allege that his dog was a service dog. Defendant then filed an amended complaint with plausible allegations that his dog is a service dog. The defendants moved to dismiss the case, stating that the plaintiff had not established that his dog was a service dog according to the definition listed under rules promulgated under the Americans With Disabilities Act (ADA). The court found that the plaintiff’s dog was a service dog under the definition because the dog was “individually trained to, among other things, provide [plaintiff] with balance support and assistance during episodes of PTSD.” As a result, the defendant’s motion to dismiss the case was denied. Case
United States v. Kent State University Slip Copy, 2016 WL 5107207 (N.D. Ohio Sept. 20, 2016)

In this case, the United States Government brought an action against Kent State University alleging that the University’s failure to have any policy in place that would allow for the University to consider emotional support animals violated the Fair Housing Act. The parties resolved their differences in the form of a consent decree and asked the court to approve the decree. The court approved the consent decree but suggested that the parties make a few additions to the decree. The first suggestion that the court made was to specify what type of qualifications were necessary to make someone a “qualified third-party” for the purpose of making a statement to the University about an individuals need for an emotional support animal. Secondly, the court suggested that the University begin reviewing the logistics of how the University would manage having animals in its housing and how the animals would be properly cared for. Lastly, the court urged the University to look at whether or not the University offered sufficient break times between classes so that a student would have enough time to check on the animal and ensure that the animal was not neglected on a routine basis.

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State v. Reyes Slip Copy (unpublished) 2016 WL 3090904 (Tenn. Crim. App. May 24, 2016) Defendant, Jose Reyes, was convicted of one count of rape of a child and sentenced to thirty-two years at 100%. On appeal, defendant argued that the evidence was insufficient to sustain the verdict and that the trial court erred in denying his motion in limine to prevent the Child Advocacy Center facility dog from being present with the victim as he was testifying. The appellate court reviewed prior relevant cases including Dye, Chenault, and Tohom, and stated that “we cannot conclude that the trial court abused its discretion in permitting the use of the facility dog, Murch, during the trial.” The attempt to assign error to the procedure was determined to be “without merit.” Other defense arguments on appeal having been similarly rejected, the appellate court affirmed the judgment of the trial court. Case
State v. Jacobs Slip Copy (unpublished decision) 2015 WL 618098, 2015 Ohio App. LEXIS 4244 (Ct.App. 2015) 2015 -Ohio- 4353 The defendant, Michael Jacobs, was convicted of unlawful sexual conduct with a minor and corrupting another minor with drugs, receiving a prison sentence of four years. The victim testified with a “companion dog” at her feet. Among other assignments of error, Jacobs argued that he was denied his right to a fair trial because of the presence of the companion dog during the victim’s testimony. The child was under 15 at the time of the alleged abuse, but 17 years old when she testified. The Ohio appellate court concluded that the use of a companion dog in such a case was a matter of first impression in the state, though other comfort items, such as teddy bears had previously been used in similar situations in Ohio courts. To the defense’s objection that the witness was no longer under 15 at the time of her testimony, the appellate court stated that the defense had “failed to offer any authority to support the proposition that there is a certain age cut-off for the use of special procedures on behalf of alleged sexual abuse victims.” The court concluded that Ohio Evidence Rule 611(A), which provides that a trial court is to exercise “reasonable control over the mode and order of interrogating witnesses…” and to “protect witnesses from harassment or undue embarrassment,” was sufficiently flexible to allow the use of the dog during the trial. Having overruled all of Jacobs' assignments of error, the court affirmed the judgment of the Summit County Court of Common Pleas. Case
Sentencia T-608, 2011 Sentencia T-608/11 The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) acting as the legal guardian of her husband, who had spastic quadriplegia and mixed aphasia as a result of a severe cranioencephalic trauma, against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’. The Plaintiff argued that Corpocaldas had violated the rights to health and dignified life of her husband when the Defendant confiscated a parrot that was part of the Plaintiff’s rehabilitation treatment. The Plaintiff sought immediate restitution of the parrot by the Defendant. The court affirmed the decision of the lower court to deny the Plaintiff’s petition. The court determined that the confiscation of the parrot by Corpocaldas was reasonable and according to the law, therefore there was not a violation of the rights of the Plaintiff. The court stated that as wild animals belong to the nation and they can only be reduced to property when the are obtained through legal hunting or from legal breeders. In this particular case, the Plaintiff obtained the parrot as a present from her cousin, and she did not present evidence of title. The court concluded that the bird belonged to the nation, and therefore the environmental authority had acted in accordance to its duties. The court stated that even though there was a narrow relationship between the rights to health and life with the right to environment, the protection of the environment did not only aim to the protection of humans. The court indicated that the environment should be protected whether or not it offered a benefit to the human species. The rest of the beings that are part of the environment are dignified beings that are not at the absolute and unlimited disposition of the human beings. Humans are just another element of nature, and not a superior entity that has the environment at their disposition. Therefore, the use of natural resources should not cause damage or deterioration that could threaten diversity and environmental integrity, the court stated in its reasoning. Case

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