|Baker v. Middleton (unpublished opinion)||No. 29D05-0605-SC-1055 (Ind. Super. Ct. Mar. 2, 2007)||In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.|
|Baker v. SeaWorld Entertainment, Inc.||Slip Copy, 2019 WL 6118448 (S.D. Cal. Nov. 18, 2019)||Plaintiffs brought a securities fraud class action against the collective Defendants, including Seaworld Entertainment, Inc. This action involved statements and omissions made by the Defendants following a 2013 documentary titled Blackfish. The issues centered on the attendance impact that the documentary had on Seaworld. Company-wide attendance declined in 2013 and 2014, however, several officials of the Company made statements that there was no attendance impact resulting from the documentary. Both Plaintiffs and Defendants moved to exclude the testimony of several experts. The Court ultimately affirmed its tentative rulings, denied Defendant’s motion to exclude the testimony of two of Plaintiff’s experts, granted Defendant’s motion to exclude the testimony of Dr. James Gibson, granted in part and denied in part Plaintiff’s motion to exclude the testimony of Dr. Craig Lewis, granted Plaintiff’s motion to exclude the testimony of Dr. Randolph Bucklin, and denied Defendant’s motion for summary judgment.|
|Bal Harbour Village v. Welsh||879 So.2d 1265 (Fl. 2004)||
Defendant owned four dogs prior to the enactment of an ordinance prohibiting municipality residents from owning more than two dogs in one household. The municipality brought suit against Defendant for failing to comply with the ordinance. The trial court denied the municipalities prayer for permanent injunctive relief, but the Court of Appeals overruled the decision holding the ordinance could constitutionally be enforced under the police power to abate nuisance.
|Balch v. Newberry||208 Okla. 46, 253 P.2d 153, 35 A.L.R.2d 1267, 1953 OK 23||
In this Oklahoma case, plaintiff purchased a pointer dog for a payment of $800 cash, whom he purchased for breeding purposes. Plaintiff alleged, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that plaintiff had for many years been engaged in the business of operating kennels. In affirming the judgment for plaintiff, the court held that the purchase of a dog with the knowledge of the seller that it is bought exclusively for breeding purposes gives rise to a warranty of fitness for such purpose where the buyer relies upon the seller's skill and judgment that the dog is fit for such purpose. Where a sale of highly bred stud dog for breeding purposes is rescinded for breach of an implied warranty, because of sterility, the purchaser can recover what he paid under the contract and expenses necessarily incident to caring for the dog but he cannot, in addition, recover damages for the breach of the implied warranty of the dog's usefulness for breeding purposes.
|Baldwin v. Fish and Game Commission of Montana||98 S.Ct. 1852(1978)||
Appellants brought this action for declaratory and other relief claiming that the Montana statutory elk-hunting license scheme, which imposes substantially higher (at least 7 1/2 times) license fees on nonresidents of the State than on residents, and which requires nonresidents (but not residents) to purchase a "combination" license in order to be able to obtain a single elk, denies nonresidents their constitutional rights guaranteed by the Privileges and Immunities Clause of Art. IV, § 2, and by the Equal Protection Clause of the Fourteenth Amendment. The court held that the Privileges and Immunity Clause is not implicated, as access to recreational hunting is not fundamental and Montana has provided equal access for both residents and non-residents. Further, the statutory scheme does not violate the Equal Protection Clause because the state has demonstrated a rational relationship between the increased fee to non-residents (i.e., protection of a finite resource (elk) where there has been a substantial increase in non-resident hunters).
|Balelo v. Baldridge||724 F.2d 753 (1983)||
Defendants, secretary and government agencies, appealed the decision fo the United States District Court for the Southern District of California, in favor of plaintiff captains invalidating an agency regulation pertaining to the taking and related acts incidental to commercial fishing.
|Balen v. Peltier (NOTICE: THIS OPINION IS DESIGNATED AS UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINN. ST. SEC. 480A.08(3).||2006 WL 163518 (Minn.App.2006)||
Plaintiff sued defendant for injuries she received after being thrown from defendant’s horse. Specifically, plaintiff argued that defendant knew or should have known of the horse’s “hazardous propensities” and therefore had a duty to protect plaintiff. In finding that there existed no special relationship between the parties to impart a duty to defendant, defendant’s motion for summary judgment was affirmed.
|Ballas v Ballas||3 Cal.Rptr. 11 (Cal. Dist. Ct. App. 1960)||
In a divorce decree, lower court awarded dog and car to husband; the wife appealed. Appellate court found that distinction between community and separate property was unimportant and held that wife was entitled to the dog, but the husband remained entitled to the car.
|Banasczek v. Kowalski||10 Pa. D. & C.3d 94 (1979)||
Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff's dogs. The court held the following: “[T]he claim for emotional distress arising out of the malicious destruction of a pet should not be confused with a claim for the sentimental value of a pet, the latter claim being unrecognized in most jurisdictions. Secondly we do not think, as defendant argues, that the owner of the maliciously destroyed pet must have witnessed the death of his or her pet in order to make a claim for emotional distress.” Pennsylvania has summarily rejected a claim for loss of companionship for the death of a dog.
|Bandeira and Brannigan v. RSPCA||CO 2066/99||
Where a person has sent a dog into the earth of a fox or sett of a badger with the result that a confrontation took place between the dog and a wild animal, and the dog experienced suffering, it will be open to the tribunal of fact to find that the dog has been caused unnecessary suffering and that an offence has been committed under section 1(1)(a) of the Protection of Animals Act 1911.
|Banks v. Adair||251 S.E.2d 88 (Ga.App., 1978)||
In this Georgia dog bite case, plaintiffs appealed a directed verdict for the defendant. The Court of Appeals held that the verdict was properly directed for defendant where there was no evidence that established the defendant's knowledge of his dog's propensity to bite or injure humans.
|Barber v. Pennsylvania Dept. Agriculture||Slip Copy, 2010 WL 1816760 (W.D.Pa.)||
The plaintiffs in this Pennsylvania case are owners and operators of a non-profit animal rescue and kennel that houses housing about 500 dogs doing business in and throughout Fayette County, Pennsylvania. The current dispute stems from a series of inspections of the kennels that occurred throughout the 2007 calendar year. Plaintiffs allege that defendants conspired in violation of 42 U.S.C. § 1985, and that the PSPCA and the Bureau of Dog Law Enforcement (the inspection branch of the Dept. of Agriculture) failed to take reasonable steps to protect them from the conspiratorial activity in violation of 42 U.S .C. § 1986. Plaintiffs also state that the PSPCA and the Bureau violated various of their constitutional rights in contravention of 42 U.S.C. § 1983. The Plaintiffs also seek to hold the Defendants liable for malicious prosecution under 42 U.S .C. § 1983. Finally, other counts allege that Defendant Delenick sexually harassed Plaintiff Rachel Lappe-Biler in violation of 42 U.S.C. § 1983; that plaintiff Pauline Gladys Bryner-Lappe was assaulted and battered in contravention of 42 U.S.C. § 1983 and the Fourth Amendment; and that the defendants intentionally inflicted emotional distress. Defendants filed a motion to dismiss all claims.
|Bard v. Jahnke||791 N.Y.S.2d 694 (N.Y. 2005)||
A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull . The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.
|Barger v. Jimerson||276 P.2d 744 (Colo. 1954)||
In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog. Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious." Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages.
|BARKING HOUND VILLAGE, LLC., et al. v. MONYAK, et al.||299 Ga. 144, 787 S.E.2d 191 (Ga., 2016)||In 2012, Plaintiffs Robert and Elizabeth Monyaks took their dogs Lola and Callie, for ten days to a kennel owned by Defendants Barking Hound Village, LLC (“BHV”) and managed by William Furman. Callie, had been prescribed an anti-inflammatory drug for arthritis pain. However, three days after picking up their dogs from BHV, Lola was diagnosed with acute renal failure and died in March 2013.The Monyaks sued BHV and Furman for damages alleging that while at the kennel Lola was administered toxic doses of the arthritis medication prescribed for Callie. BHV and Furman moved for summary judgment on all the Monyaks' claims asserting that the measure of damages for the death of a dog was capped at the dog's fair market value and the Monyaks failed to prove that Lola had any market value. The Court of Appeals concluded that the proper measure of damages for the loss of a pet is the actual value of the dog to its owners rather than the dog’s fair market value. The court stated that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating injuries, as well as by other economic factors. However, evidence of non-economic factors demonstrating the dog's intrinsic value to its owners would not be admissible. The Supreme Court of Georgia reversed in part and held that the damages recoverable by the owners of an animal negligently killed by another includes both the animal's fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal. The Supreme Court reasoned that “[t]he value of [a] dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown.” The Supreme Court also affirmed the Court of Appeals in part and found no error in the court's determination that Georgia precedent does not allow for the recovery of damages based on the sentimental value of personal property to its owner.|
|Barnard v. Evans|| 2 KB 794||
The expression "cruelly ill-treat"" in s 1(1)(a) of the Protection of Animals Act 1911 means to "cause unnecessary suffering" and "applies to a case where a person wilfully causes pain to an animal without justification for so doing". It is sufficient for the prosecution to prove that the animal was caused to suffer unnecessarily, and the prosecution does not have to prove that the defendant knew that his actions were unnecessary.
|Barnes v. City of Anderson||642 N.E.2d 1004 (Ind.App. 2 Dist. 1994)||
Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.
|Barney v. Pinkham||45 N.W. 694 (Neb. 1890)||
Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses. The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise. The case was remanded for determination of further proofs.
|Barrett v. State||220 N.Y. 423 (N.Y. 1917)||
This case concerns a New York law that protected beavers and their habitat in New York by stating that no one "shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same." The claimants owned land that endured considerable commercial destruction due to the beavers that were present. Claimants were initially awarded damages and alleged on appeal that the law represented an unconstitutional exercise of police power and, that, since the beavers were "owned" by the state at the time of the destruction, the state is liable for the damage. The Court disagreed, finding the ownership of wildlife is in the state in its sovereign capacity, for the benefit of all the people. As a result, the state was acting in its proper police power authority and is not liable for the damage that ensued from "liberating" the beaver.
|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.
|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.
|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.
|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.
|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.
|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.
|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.
|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.
|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.
|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.|
|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.
|Beasley v. Sorsaia||880 S.E.2d 875 (W. Va. 2022)||Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded.|
|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.
|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.
|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.|
|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.
|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.
|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.
|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.
|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.
|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.
|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.
|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.|
|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.|
|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.
|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.
|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."|
|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.
|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.|
|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.
|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.