|Bozzi v. City of Jersey City||2021 WL 4256377 (N.J. Sept. 20, 2021)||This New Jersey case considers whether owning a dog creates an objectively reasonable expectation of privacy such that the owner's personal information in the dog licensing record might be exempt from disclosure under the New Jersey Open Public Records Act (OPRA). Plaintiff Ernest Bozzi, a licensed home improvement contractor, submitted a request to the City of Jersey City (Jersey City) for dog license records to solicit customers for his invisible fencing business. He sought only the names and addresses of dog owners. Jersey City denied his request, objecting on the ground that such a disclosure would violate the dog owners’ reasonable expectation of privacy and that such a disclosure would place dog owners and non-dog owners a risk for theft (e.g., non-dog owners might be singled out for robbery or burglary). The lower court found no privacy interest in disclosing the names to comply with plaintiff's request and the Appellate Division affirmed that order. Upon Jersey City's petition for certification, the New Jersey Supreme Court affirmed that ruling, finding that owning a dog is "substantially a public endeavor in which people do not have a reasonable expectation of privacy." In arguments on appeal, Jersey City contended that disclosure for the purpose of commercial solicitation was protected by the privacy exception of OPRA. The Supreme Court noted that OPRA was designed to promote transparency in the operation of government. In looking at the state legislature's continuing process of amending OPRA, the Court found legislative history that declined against recommendations to withhold addresses or phone numbers in exceptions to the Act. Thus, the Court found that Jersey City has failed to present a colorable claim that disclosure of dog license records would encroach on dog owners' reasonable expectations of privacy. In looking at the OPRA privacy clauses, the Court concluded that owning a dog is "inherently, a public endeavor." In fact, dog owners continually expose themselves through social media, vet visits, public dog parks, bumper stickers, and the like, which militates against the activity being a private activity. While there are other aspects of dog licensing that may expose dog owners to a risk, like disclosure that a dog is a service animal or identifying the particular breed of the dog and exposing an owner to possible theft, the release of names and addresses does not rise to that concern. The Appellate Division's judgment was affirmed.|
|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.”|
|Bowden v. Monroe County Commission||800 S.E.2d 252 (W. Va. May 18, 2017)||The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden.|
|Boulahanis v. Prevo's Family Market, Inc.||230 Mich.App. 131 (1998)||Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination.|
|Boss v. State||964 N.E.2d 931 (Ind.App.,2012)||Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs.|
|Born Free USA v. Norton||278 F. Supp 2d 5 (D.D.C. 2003)||
The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.
|Bormaster v. Henderson||624 S.W.2d 655 (Tx. 1981)||
This appeal arises out of a suit brought under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and for breach of expressed and implied warranties after plaintiff purchased an allegedly defective umbrella cockatoo from a pet shop. Prior to purchase, appellee-seller stated the cockatoo was healthy and gave the appellant an "Official Health Certificate for Animals and Fowl" with a 72-hour expressed warranty on the health of the cockatoo. Two weeks later the cockatoo began showing signs of poor health so appellant took it to a veterinarian (it later died). This court concluded the trial court had sufficient rebuttal evidence upon which to hold appellant failed to prove the cockatoo's death by a preponderance of the evidence. Further, this court agreed with the trial court's finding that appellant failed to prove by a preponderance of the evidence that the appellees committed any false, misleading or deceptive acts under the DTPA, or breached any expressed or implied warranties.
|Bormann v. Board of Supervisors In and For Kossuth County||584 N.W.2d 309 (Iowa 1998)||
The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement.
|Booth v. State of Arizona||83 P.3d 61 (Ariz. 2004)||
Motorist struck an elk lying on the side of the interstate highway and sued the state for negligence. The Court held that the state could be held liable for negligence and that the jury finding that the state breached its duty to keep the highway safe was supported by the evidence.
|Boosman v. Moudy||488 S.W.2d 917 (Mo.App. 1972)||
In this Missouri case, an action was brought on behalf of a child who was bitten by a dog (a large dog of the malemute breed). After the lower court entered judgment against the dog owner, the owner appealed. The Court of Appeals held that the plaintiff's evidence demonstrated that the dog had become ill-natured and had acquired the persistent menacing habit of growling, bristling and snapping at people. Such behavior was repeatedly brought to the attention of the owner's wife prior to time dog bit child. This evidence, together with owner's evidence that his daughter had encouraged the dog to play tug-of-war with her clothing, supported the verdict in favor of the plaintiff that the injury to child resulted from the propensity of the dog to do bodily harm, either in anger or from playfulness.
|Bonner v. Martino||927 So.2d 564 (La.App. 5 Cir., 2006)||
Plaintiff-housekeeper brought an action against her employers and their liability insurance providers after the employers' dog jumped up on a door that subsequently injured the plaintiff. In affirming the trial court's granting of defendants' motion for summary judgment, the appellate court held that housekeeper did not demonstrate that dog presented an unreasonable risk of harm.
|Bone v. Vill. Club, Inc.||223 F.Supp. 3d 1203 (M.D. Fla. 2016)||This case dealt with a woman's request to have her emotional-support dog live with her before purchasing land in a mobile home community, known as Brookhaven. Prior to purchasing her lot, the plaintiff allegedly received permission from the president of Brookhaven's board of directors to keep her dog, even though the plaintiff was purchasing a lot in the "no pet" section of Brookhaven. The plaintiff provided the president of the board with the documentation requested, and the president told plaintiff she had been approved by the board to have her dog. Approximately one year after plaintiff purchased her lot, Brookhaven's attorney sent a letter requesting that plaintiff remove her dog, citing Brookhaven's policies disallowing her dog. After several letters sent back and forth between plaintiff's attorney and Brookhaven's attorney concerning requirements of the Fair Housing Act and the party's respective actions, both parties cross-moved for summary judgement. The court held that 1) genuine issue of material fact existed as to whether tenant had an actual disability; 2) landlord was not prejudiced by tenant's untimely disclosure of expert report; 3) genuine issue of material fact existed as to whether landlord constructively denied tenant an accommodation; and 4) genuine issue of material fact existed as to whether landlord retaliated against tenant for requesting a disability accommodation. As a result, all motions for summary judgement were denied.|
|Boling v. Parrett||536 P.2d 1272 (Or. 1975)||
This is an appeal from an action claiming conversion when police officers took animals into protective custody. Where police officers acted in good faith and upon probable cause when a citation was issued to an animal owner for cruelty to animals by neglect, then took the animals into protective custody and transported them to an animal shelter, there was no conversion.
|Bohan v. Ritzo||679 A.2d 597 (N.H.,1996)||
In this New Hampshire case, a bicyclist brought suit against a dog owner under the state's strict liability statute for injuries he sustained when he fell from his bike after the owners' dog ran toward him. The jury awarded him $190,000 at trial. On appeal, this court found that the bicyclist's allegations were sufficient to sustain the jury's finding even though there was no evidence that the dog actually bit the plaintiff or made any physical contact. The Court held that there is nothing in the plain language of RSA 466:19 that would limit the statute's application actual bites or other direct physical contact. Instead, the statute makes dog owners strictly liable to “[a]ny person to whom ... damage may be occasioned by a dog not owned or kept by him.” RSA 466:19.
|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.
|Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham||737 N.W.2d 670 (2007)||
In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation.
|Blankenship v. Commonwealth||71 Va.App. 608 (2020)||Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case.|
|Blake v. County of Wyoming||46 N.Y.S.3d 753 (N.Y. App. Div. 2017)||
The City of Wyoming filed an appeal after the court dismissed the City’s motion for summary judgment. The initial law suit was filed by Cassandra Blake after she sustained injuries from a dog bite at the Wyoming County Animal Shelter. Blake was working at the shelter as a volunteer dog walker when the incident occurred. Blake filed suit against the City of Wyoming on the basis of strict liability. The Court of Appeals reversed the lower court’s decision to deny the City’s motion for summary judgment on the basis that the City did not have actual or constructive knowledge that the dog had vicious propensities. The Court of Appeals rejected Blake’s argument that the City did have knowledge because the shelter was aware that the dog had previously knocked over a four year old child. The Court of Appeals found that this behavior was not notice to the shelter that the dog had any propensity to bite. As a result, the Court of Appeals reversed the lower court’s decision and granted the City’s motion for summary judgment.
|Black v. Coughlin||76 F.3d 72 (2nd Cir. 1996)||
Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing.
|Black Hawk County v. Jacobsen (Unpublished)||2002 WL 1429365 (Iowa App. 2002) (Not Reported in N.W. 2d)||
In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup. On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels. The court disagreed, finding the Act expressly contemplates state and local regulation of animals. Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area.
|Bjugan v. State Farm Fire and Cas. Co.||969 F.Supp.2d 1283 (D. Ore. 2013)||
After a house was damaged by a tenant’s 95 cats and 2 dogs, a landlord sought to recover expenses through State Farm Insurance. State Farm, however, denied the landlord coverage due to a provision in the insurance policy that excluded damages caused by domestic animals. In a diversity action brought by the landlord, the district court found the damage caused by the tenant’s cats fell within State Farm’s policy exclusion and therefore granted State Farm’s motion for summary judgment.
|Birmingham Humane Society v. Dickson||661 So.2d 759 (Ala.,1994)||
The owner of a lost dog found the dog in an animal shelter and asked for its return. The shelter gave it back but sterilized it first despite the owner's wishes that it not be sterilized. The court held the shelter owed a duty to give the dog back without sterilizing it and affirmed a finding of negligence.
|Big Cats of Serenity Springs, Inc. v. Vilsack||--- F.Supp.3d ----, 2015 WL 1432069 (D. Colo. 2015)||In an amended complaint, Plaintiffs asserted four claims against Defendants relating to a May 7, 2013 United States Department of Agriculture inspection of Big Cats of Serenity Springs, Inc. The claims included a Fourth Amendment right to be free from unreasonable searches and seizures; a 42 U.S.C. § 1983 claim against the Inspector Defendants “because they acted under color of state law when they induced the deputies to cut the chains and enter the premises;” a declaratory judgment “declaring that [Defendant] Thompson inappropriately overrode the medical advice of [Plaintiff] Big Cats' veterinarians and declaring that, in the future, the USDA cannot force [Plaintiff] Sculac to choose between following the medical advice of his veterinarians and the mandates of a USDA inspector;” and a declaratory judgment that the USDA must follow its own regulations and that it cannot conduct a warrantless search of the Big Cats facility outside of ‘normal business hours' solely because an inspector ‘want [s] to’ or because an inspector subjectively ‘believe[s][it] necessary to determine the welfare status of the animals....' ” In addition to declaratory relief, Plaintiffs also sought compensatory and punitive damages, costs, expenses, and prejudgment interest. Defendants filed a motion to dismiss. US Magistrate Judge issued a recommendation that, to the extent the Motion argued that the declaratory judgment claims should be dismissed because Plaintiffs lack standing, the Motion be granted in part and denied in part and that the declaratory judgment claims asserted by Plaintiffs Nick Sculac, Julie Walker, and Jules Investment, Inc. be dismissed without prejudice. In all other aspects, the Magistrate recommended that the Motion be denied. A District Court judge approved and adopted these recommendations and denied defendant’s objections to the recommendations.|
|Big Cats of Serenity Springs, Inc. v. Rhodes||842 F.3d 1280 (D.C. Cir. 2016)||
Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. The United States District Court for the District of Colorado, granted APHIS's motion to dismiss in part and denied in part. APHIS appealed. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim; (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures; and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity; but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim.
|Bhogaita v. Altamonte Heights Condominium Assn.||765 F.3d 1277 (11th Cir., 2014)||Appellee Ajit Bhogaita, who suffers from post-traumatic stress disorder (PTSD), filed suit against Appellant Altamonte Heights Condominium Association, Inc. ("Association") for violating the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and the Florida Fair Housing Act, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium. The jury awarded Bhogaita $5,000 in damages, and the district court awarded Bhogaita more than $100,000 in attorneys' fees. This court affirmed that decision finding that there was evidence that the Association constructively denied appellee's requested accommodation. In fact, the court opined, "Neither Bhogaita's silence in the face of requests for information the Association already had nor his failure to provide information irrelevant to the Association's determination can support an inference that the Association's delay reflected an attempt at meaningful review."|
|Bess v. Bracken County Fiscal Court||210 S.W.3d 177 (Ky.App.,2006)||
The primary issue in this Kentucky case is whether a Bracken County ordinance which bans the possession of pit bull terriers is inconsistent with the state law that addresses dangerous dogs. The lower court denied the plaintiff's motion and dismissed the complaint. On appeal, the Court of Appeals held that the ban of breed was a legitimate exercise of police power and did not deny dog owners procedural due process. Further, the ordinance did not infringe on constitutional right to travel because traveling with a pet is not a fundamental right and the ordinance does not treat residents and non-residents differently.
|Bermudez v Hanan||Slip Copy, 44 Misc.3d 1207(A), 2013 WL 5496124 (Table) (N.Y.City Civ.Ct.),||
This unpublished small claims court opinion concerns a dog bite. Claimant sought to recover monetary damages for medical bills and related expenses she incurred as a result of personal injuries suffered when Defendant's dog named "Chino" bit her on the face. At issue is whether Chino had vicious propensities and whether Defendant was aware of or had knowledge of those vicious propensities. The court found that Plaintiff did not raise an issue of fact as to the dog's vicious propensities. The court found compelling evidence that Chino was certified by the Good Dog Foundation to visit healthcare facilities as a therapy dog. As a result, the court dismissed the motion.
|Berg v. Nguyen||201 So. 3d 1185 (Ala. Civ. App. 2016)||This Alabama case involves the appeal of summary judgment on behalf of defendants in a personal injury dog bite case. The plaintiff here was bitten as she walked through a parking lot of the retail store adjacent to the residence where the dogs were kept. The dogs (six or seven pit bulls) were kept by defendants' tenants at the residence. Some of the dogs were kept in outdoor, chain-link kennels and others were allowed to remain in the fenced backyard. Plaintiff Berg filed a complaint against the Nguyens and their business under a theory of landlord-tenant liability for the dog bite. The lower court granted the Nguyens' motion for summary judgment, finding that Alabama law does not provide for landlord liability in this case. On appeal here, the court was persuaded by defendants' evidence that they did not know of the dog's dangerous propensity and were aware of only two occasions where animal control had been called. Further, there were only a few times Than Nguyen was aware the dogs were left unchained in the front yard. This was sufficient for the court to find that plaintiff did not meet her burden establishing that the Nguyens knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants' knowledge that pit bulls were "inherently dangerous," the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was affirmed.|
|Berardelli v. Allied Services Institute of Rehabilitation Medicine||900 F.3d 104 (3d Cir., 2018)||This case presents an issue of first impression in the Court of Appeals: whether regulations on service animals, which technically apply only to reasonable accommodations under the Americans with Disabilities Act (ADA), require that individuals with disabilities be allowed to be accompanied by their service animals under the Rehabilitation Act (RA). The facts involve an elementary student with dyslexia and epilepsy who sought to be accompanied by her service dog to school. The dog was trained to respond to her epileptic seizures and was recommended by her pediatric neurologist. The student was attending a new school after having attended a different school with her service animal who recently died. After receiving a new service animal (after being placed on a waiting list), the principal of the new school refused access for the service animal, asserting for the first time that the dog was "too much of a distraction." As a consequence of the denial, the student missed school when her seizures were too severe. After more than a year of disrupted attendance, the student's mother sought to have the seizure alert dog accompany the child to fifth grade, and the principal said he would "look into" it. Frustrated with the equivocation, the mother attempted to bring the service animal with the child and the principal prevented entrance, now saying another child had an allergy to dogs. Eventually, the dog was allowed to accompany the child with a "therapeutic shirt designed to decrease allergens," but the shirt interfered with the service animal's performance of disability-related tasks. In the end, the mother withdrew the child from this particular school. The child's parent subsequently sued the school, arguing that the school had failed to accommodate the child under Section 504 of the RA. The school moved for summary judgment on all claims. Important to the claim of discrimination under the RA, the District Court instructed the jury that on a claim for failure to accommodate, the plaintiff needed to prove that that the requested accommodations were reasonable and necessary to avoid discrimination based on disability. The jury was confused at the instructions and the child's attorney urged the court to instruct the jury on ADA service animal regulations. The Court refused saying it had “g[iven] them the law that relates to this case” and would not “go look for some new law to tell them about or some different law or something that’s not been already submitted or given to them.” The jury subsequently returned a verdict for the school. On appeal here, appellants argue that, because the subjective standards for liability under the RA and ADA are the same, the service animal regulations of the ADA should apply to the RA. The Court of Appeals first examined the history and relationship of the ADA and its precursor, the RA. Based on the overarching goal of both laws - to ensure equal opportunity and inclusion - the requirements of reasonable accommodations and reasonable modifications are inextricably intertwined. Regardless of the differing entities the statutes cover, they both impose the same liability standard based on this concept of "reasonableness." The Court also found this echoed in case law dealing with a failure to accommodate under both laws. As to the service animal regulations under the ADA, the Court held that, logically, the service animal regulations are relevant to the RA even though they technically interpret the ADA. This is supported by agency guidance in other contexts from HUD, the Dept. of Justice, and the Dept. of Labor. The Court found the school's counter arguments unpersuasive especially considering the legal principle that an anti-discrimination statute like the RA must be interpreted broadly to carry out its broad remedial purpose. In essence, the Court now holds that a covered actor must accommodate the use of a service animal by an individual with a disability under the RA just as it must do under the ADA. While the "reasonableness" of that accommodation will be evaluated on a case-by-case basis, the request to be accompanied by a service animal is per se reasonable. Applying that holding to these facts, the Court found that the District Court did not correctly instruct the jury on the relevant law. The error was not harmless, and, despite the school's claim, there was not a high probability that the jury would have ruled in its favor if properly instructed. The judgment was vacated on the RA claim, reversed on the dismissal of the state discrimination claim, and remanded for further proceedings consistent with this opinion.|
|Benningfield v. Zinsmeister||367 S.W.3d 561 (Ky.,2012)||
An 8-year-old boy and his sister were walking down a street when they were approached by a Rottweiler. Scared, the boy ran and was attacked by the dog, which caused the boy to suffer serious injuries. As a result, the mother of the child sued the owner of the dog and the landlord of the house where the dog resided under a Kentucky dog bite statute. The landlord won at both the trial and the appellate court level. Upon granting discretionary review for the case, the Kentucky Supreme Court investigated whether or not a landlord could be held strictly liable under the dog bite statute. The Court ruled that a landlord could, but only if the landlord permitted the dog to stay on or about the premises. Since the attack did not occur on or about the premises, the landlord was not found liable under the dog bite statute.
|Bennett v. Bennett||655 So.2d 109 (Fla.App. 1 Dist.,1995)||
In this Florida case, the husband, Ronald Bennett, appealed a final judgment of dissolution of marriage awarding custody of the parties' dog. Specifically, the husband challenged the trial court's awarding the former wife visitation with the dog. The appellate court held that the trial court lacked the authority to order visitation with personal property (in this case, a dog). The court recognized that the lower court was trying to reach a fair solution, but the order was reversed and remanded remanded so that the trial court could award the animal pursuant to the dictates of the equitable distribution statute.
|Bell v. State||761 S.W.2d 847 (Tex. App. 1988)||
Defendant convicted of cruelty to animals by knowingly and intentionally torturing a puppy by amputating its ears without anesthetic or antibiotics. Defense that "veterinarians charge too much" was ineffective.
|Bedford v. Jorden||698 P.2d 854 (Mont. 1985)||
This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.
|Beckwith v. Weber||277 P.3d 713 (Wyo. 2012)||
While on vacation at a ranch in Wyoming, plaintiff was thrown or fell from a horse that stepped in a large badger hole. Allegedly, the trail guide left the plaintiff and her husband at the scene in order to get help. Worried about potential wildlife attacks, the plaintiff and her husband walked to a nearby residence for assistance. The plaintiff later brought a negligence suit against the ranch for injuries she had sustained during the fall. At trial, the jury verdict stated the plaintiff had assumed the risk and the plaintiff was therefore not entitled to damages. On appeal, the plaintiff challenged a jury instruction and asserted the trial court abused its discretion when it awarded costs to the ranch. The plaintiff did not prevail on either claim.
|Beckett v. Warren||921 N.E.2d 624 (Ohio, 2010)||
On a certified conflict from the Court of Appeals, the Supreme Court of Ohio decided here whether a plaintiff pursuing a claim for bodily injuries caused by a dog must elect either a statutory remedy under R.C. 955.28 or a remedy at common law for negligence. The Supreme Court found that the defense's conflict case, Rodenberger v. Wadsworth, 1983 WL 7005, did not turn on the issue of whether both claims could be pursued simultaneously, but rather whether the statutory cause of action abrogated the common law cause of action (which it held did not). In looking at the plain language of R.C. 955.28, the Court found that the statute itself does not preclude a simultaneous common law action for damages for bodily injuries caused by a dog. Under both theories of recovery, compensatory damages remain the same so there is no issue of double recovery. Thus, a plaintiff may, in the same case, pursue a claim for a dog bite injury under both R.C. 955.28 and common law negligence.
|Becker v. State Farm Mut. Auto. Ins. Co.||416 N.W.2d 906 (Wis.,1987)||
Motorist sued dog owner after he was injured in a car accident allegedly caused by dog. The Court of Appeals held that the “injury by dog” statute creates strict liability for any injury or damage caused by dog if owner was negligent (with public policy exceptions). Here, the dog owner was not strictly liable because he was not negligent when his dog escaped from its enclosure.
|Becker v. Elfreich||821 F.3d 920 (7th Cir. 2016)||Appellant, Officer Zachary Elfreich, went to the home of Appellee Jamie Becker in order to execute an arrest warrant. When Becker did not surrender right away, Officer Elfreich allowed his police dog to find and attack Becker. Upon seeing Becker, Officer Elfreich pulled him down three steps of the home staircase, and placed his knee on Becker’s back while allowing the dog to continue to bite him. Becker sued the city of Evansville and Officer Elfreich under 42 U.S.C. § 1983, alleging that the officer used excessive force in arresting him in violation of his Fourth Amendment rights. The district court denied Officer Elfreich's motion for summary judgment and the officer appealed. The Court of Appeals, Seventh Circuit, held that: first, under the totality of the circumstances, the force used by the officer post-surrender of Becker was not reasonable. Second, a police dog's use of the “bite and hold” technique is not per se deadly force. Third, Becker, was a nonresisting (or at most passively resisting) suspect when Officer Elfreich saw him near the bottom of the staircase and the officer should not have used significant force on him. Based on these factors, the officer was not entitled to qualified immunity and a reasonable jury could find such force was excessive. The lower court decision to deny Officer Elfreich's motion for summary judgment was affirmed.|
|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.
|Beaumont v Cahir|| ACTSC 97||
The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement.
|Beard v. State||261 S.E.2d 404 (Ga.App., 1979)||
Defendants were convicted of hunting with an unplugged pump shotgun and obstructing a law enforcement officer in the discharge of his official duties. The Court of Appeals held that the evidence was sufficient to support convictions, the admission of evidence of defendants' prior run-ins with the law was not error, and the judge's instruction that admissions should be scanned with care, if jury found defendant had made an admission, was a correct statement of law and not, as contended, an expression of the judge's opinion.
|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.|
|Baugh v. Beatty||205 P.2d 671 (Cal.App.2.Dist.)||
This California case is a personal injury action by Dennis Ray Baugh, a minor, by John R. Baugh, his guardian ad litem, against Clyde Beatty and others, resulting from injuries suffered by the 4-year old child after he was bitten by a chimpanzee in a circus animal tent. The court found that the instructions given were prejudicial where the jurors were told that the patron could not recover if the patron's conduct caused injury or if the conduct of the father in charge of patron caused injury; instead, the sole question for jury should have been whether patron knowingly and voluntarily invited injury because the animal was of the class of animals ferae naturae, of known savage and vicious nature.
|Batra v. Clark||110 S.W.3d 126 (Tex.App.-Houston [1 Dist.],2003)||
In this Texas case, the appellant-landlord appealed a verdict that found him negligent for injuries suffered by a child visiting a tenant's residence. The lower court found the tenant and landlord each 50% liable for the girl's injuries. The Court of Appeals, in an issue of first impression, if a landlord has actual knowledge of an animal's dangerous propensities and presence on the leased property, and has the ability to control the premises, he or she owes a duty of ordinary care to third parties who are injured by this animal. In the present facts, the court found that Bantra had no duty of care because there was no evidence showing that Batra either saw the dog and knew that it was a potentially vicious animal or identified the dog's bark as the bark of a potentially vicious animal. The judgment was reversed.
|Bates v. Constable||781 N.Y.S.2d 861 (N.Y. 2004)||
A son obtained a dog from defendant for his father to have as a pet. The dog bit the father and the father sued defendant for failing to warn him of the dog's vicious propensities. The Court held the defendant did not owe the second transferee of the dog a duty to warn and granted summary judgment in favor of defendant.
|Bates (Guardian of) v. Horkoff||1991 CarswellAlta 229||
The child plaintiff was at her daycare under appropriate supervision while in the playground when she was bitten on the hand by a neighbouring German Shepherd. The dog squeezed through an unmended gap in the fence and bit the child while she was on the swings; daycare staff were not negligent in supervising the children. While the dog had no history of biting, it was excitable and barked aggressively towards strangers outside the yard; the fence was in poor repair, but the owner had not thought it necessary to use the secure dog run that existed on his property. he was found negligent for not better securing and supervising the dog.
|Bassani v. Sutton||Slip Copy, 2010 WL 1734857 (E.D.Wash.)||
Plaintiff initiated this lawsuit in 2008 claiming money damages under 42 U.S.C. §§ 1983, 1985, and 1988,and alleging violations of his Fourth and Fourteenth Amendment rights. In 2004, plaintiffs two dogs were seized by Yakima County Animal Control after responding to a citizen's report that he had been menaced by dogs as he ran past plaintiff's house. Before the court here are Defendants' Motion to Dismiss and Opposition to Plaintiff's Motion for Leave to File First Amended Complaint. In granting the motions, the court held that the doctrine of res judicata did warrant a grant of summary judgment as defendants' failure to release plaintiff's dog. Further, the animal control officer was entitled to qualified immunity because he reasonably relied on the deputy prosecuting attorney's advice. Finally, there was no evidence of a pattern of behavior on the part of Yakima County sufficient to be a "moving force" behind a constitutional violation.
|Barton v. State||253 Ga. 478 (1984)||
Four defendants were convicted of dog fighting in violation of O.C.G.A. § 16-12-37 and they were also convicted of gambling in violation of O.C.G.A. § 16-12-21(a)(1) . On appeal, the court rejected the constitutional attacks on § 16-12-37. The court affirmed the convictions only with respect to one defendant and reversed the convictions as to the remaining three defendants based upon the sufficiency of the evidence.
|Bartlett v. State||929 So.2d 1125, (Fla.App. 4 Dist.,2006)||
In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.
|Barrios v. Safeway Ins. Co.||97 So.3d 1019 (La.App. 4 Cir.,2012)||
Louisiana dog owners sued motorist for mental anguish and property damage after their dog was hit and killed by defendant's car. The lower court awarded damages to each of the dog owners in the total amount of $10,000. The Court upheld that the damages award of $10,000 because the dog was killed as a result of motorist's negligence, the owners were nearby and immediately arrived at scene to find their beloved dog dead, the dog was extremely valuable to owners, who had a close family-like relationship with dog for approximately 12 years, and the loss caused the owners to suffer psychic trauma.
|Barrington v. Colbert||CO/1273/97||
A net was placed over one opening of a land drain and a terrier dog sent into the other entrance with the objective of prompting a fox to run into the net. Magistrates acquitted the defendants of doing an act causing unnecessary suffering to the fox contrary to the Protection of Animals Act 1911, s 1(1)(a). The Divisional Court dismissed the prosecutor's appeal, holding that, applying Rowley v Murphy  2 QB 43, the fox was not a "captive animal" within the meaning of s 15(c) of the 1911 Act, mere confinement not being sufficient, and was therefore outside the protection of that Act.