|Brent v. Kimball||60 Ill. 211 (1871)||
This was an action of trespass, brought by appellant against appellee, for the alleged wrongful killing, by the latter, of appellant's dog. Plaintiff sought recovery for his dog that was shot and killed when it entered into defendant/neighbor’s backyard. The Court held that the plaintiff could recover at least nominal damages, regardless of the fact that the animal had no actual market value.
|Brinkley v. County of Flagler||769 So. 2d 468 (2000)||
Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.
|Brinton v. Codoni||Not Reported in P.3d, 2009 WL 297006 (Wash.App. Div. 1,2009)||
This unpublished Washington case stems from an attack on plaintiff's dog by a neighbor's dog. Plaintiff sued for damages, alleging negligence and nuisance. The trial court ruled on partial summary judgment that the plaintiff's damages were limited, as a matter of law, to the dog's fair market value. The plaintiff argued that she was entitled to damages based on the dog's intrinsic value (i.e., utility and service and not sentimental attachment) and her emotional distress. On appeal, this court held that since the plaintiff failed to carry her burden of showing that her dog had no fair market value, the trial court properly limited damages to that value. Further, because the plaintiff's nuisance claims were grounded in negligence, she was not entitled to damages beyond those awarded for her negligence claim.
|Britton v. Bruin||Not Reported in P.3d, 2016 WL 1019213 (N.M. Ct. App., 2016)||In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed.|
|Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals||15 Abbott 51 (1873)||
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
|Brockett v. Abbe||206 A.2d 447 (Conn.Cir.A.D. 1964)||
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.
|Broden v. Marin Humane Society||70 Cal.App.4th 1212 (1999)||Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store. On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure.|
|Bronk v. Ineichen||54 F.3d 425 (7th Cir. 1995)||
Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.
|Brookover v. Roberts Enterprises, Inc.||156 P.3d 1157 (Ariz.App. Div. 1,2007)||
Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence.
|Brooks ex rel. Brooks v. Parshall||806 N.Y.S.2d 796 (N.Y.A.D. 3 Dept.,2006)||
In this New York case, a then seven-year-old boy was attending a gathering at the home of the owners of a German Shepard dog. According to the plaintiff, the dog growled at him when he arrived and allegedly growled at another man at the party sometime later. Defendant denied hearing the growl and t estimony showed that the boy continued to play with the dog throughout the party and into the next morning. When the boy was leaving in the morning, he attempted to “hug” the dog from behind when the dog turned and bit the boy in the face. In upholding defendant's motion for summary judgment, the court found that even if the dog had initially growled at the boy, that was not enough to establish that the dog had vicious propensities or that the owners had knowledge of the dog's vicious propensities.
|Brooks v. Jenkins||220 Md. App. 444, 104 A.3d 899 (Md. Ct. Spec. App., 2014)||County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.|
|Brousseau v. Rosenthal||443 N.Y.S.2d 285 (N.Y.City Civ.Ct., 1980)||
This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog. While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole. While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.
|Brower v. Daley||93 F. Supp. 2d 1071 (2000)||
Based on the Secretary of Commerce’s decision to weaken the dolphin-safe standard, David Brower, Earth Island Institute, The Humane Society of the United States, and other individuals and organizations challenged the finding as arbitrary, capricious, an abuse of discretion, and contrary to law. The District Court for the Northern District of California found that the Secretary’s Initial Finding was not in accordance with the law and was an abuse of discretion because the Secretary failed to properly consider these studies.
|Brower v. Evans||257 F.3d 1058 (2001)||
The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm.
|Brown v. Crocker||139 So.2d 779 (La. 1962)||
This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."
|Brown v. Faircloth||66 So.2d 232 (Fla. 1953)||
In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.
|Brown v. Muhlenberg Tp.||269 F.3d 205 (3rd Cir. 2001)||
Pet owners were unreasonably deprived of their Fourth Amendment rights to their pet by police officer. Pennsylvania Court would recognize a claim for intentional infliction of emotional distress based upon the killing of a pet.
|Brown v. State||166 So. 3d 817 (Fla. Dist. Ct. App. 2015)||Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care.|
|BROWN v. TOWN OF SOUTHBURY||53 Conn. 212, 1 A. 819 (1885)||
This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.
|Browning v. State||2007 WL 1805918 (Ind.App.)||
The Brownings were each charged with 32 counts of animal cruelty and convicted of five counts for their failure to provide adequate nutrition and veterinary care to their horses and cattle. As a result, Cass County seized and boarded several of their animals at a significant cost to the county. Although only five of those horses and cattle were ultimately deemed to be the subject of the defendants' cruelty, the appellate court affirmed the order requiring the Brownings to reimburse the county for boarding and caring for the horses and cattle during the proceedings totaling approximately $14,000 in fines and costs.
|Bueckner v. Hamel||886 S.W.2d 368 (Tex. App. 1994).||
Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
|Buffalo Field Campaign v. Zinke||--- F.Supp.3d ---- 2018 WL 646887 (D.D.C. Jan. 31, 2018)||Plaintiffs Buffalo Field Campaign and other environmental groups petitioned the Fish and Wildlife Service ("Service") to add the Yellowstone bison population to the federal endangered species list. After the Service made a threshold “90–day” determination that Buffalo Field's petition failed to present sufficient scientific evidence that listing the bison may be warranted, Buffalo Field brought suit under the Administrative Procedure Act, alleging that the Service's determination was arbitrary and capricious. The United States District Court for the District of Columbia ruled that the Service applied an improper standard when evaluating Buffalo Field's petition, granted Buffalo Field's motion for summary judgment, denied the Service's cross-motion, and remanded the case for the agency to conduct a new 90–day finding using the proper standard. In particular, the court observed that the Service "simply picked a side in an ongoing debate in the scientific community," thereby in inappropriately heightening the standard of evaluation for a 90-day petition. Because of that, the court agreed with the Service that remand is the appropriate remedy as opposed to to directing the Service to begin a 12-month review.|
|Bundorf v. Jewell||142 F.Supp.3d 1133 (D.Nevada,2015)||Plaintiffs, individuals and environmental organizations, challenged a decision by the Bureau of Land Management's (BLM) to authorize two rights-of-way for the Searchlight Wind Energy Project (“Project”) in southern Nevada (on BLM land) under the Administrative Procedure Act (APA). After the District Court remanded to the BLM for further explanation, the plaintiffs moved for a permanent injunction. Plaintiffs raised claims that the activity violated the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), among other federal statutes. In effect, the plaintiffs argue that when the Court remanded for further explanation, it essentially reached the merits of their NEPA and ESA claims "by identifying explanatory gaps in the Remand Order." This then necessitated vacatur of the Record of Decision (“ROD”), Final Environmental Impact Statement (“FEIS”), and the Biological Opinion (“BiOp”). On appeal, the Court agreed with plaintiffs that clarification of the Remand Order is appropriate to include the ROD, the FEIS, and the BiOp with vacatur. Otherwise, the court notes, the Federal Defendants would get "two bites at the same apple . . . to fill the analytical gaps the Court identified in the Remand Order." The Federal Defendants must address the gaps related to: "(1) the density of desert tortoises, the adverse effects on desert tortoise habitat due to noise, and the remuneration fees and blasting mitigation measures for desert tortoises; (2) the status of FWS's recommendations regarding eagle take permitting and an Eagle Conservation Plan; and (3) BLM's conclusions about risks to bald eagles, protocols for golden eagle surveys, and risks to and mitigation measures for bat species."|
|Burgess v. Shampooch Pet Industries, Inc.||131 P.3d 1248 (Kan.App., 2006)||
This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog. The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment. The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure. Specifically, the court held that when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.
|Burgess v. Taylor||44 S.W.3d 806 (Ky. 2001)||
Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress. The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.
|BURLINGTON & M.R.R.R. IN NEBRASKA v. CAMPBELL||59 P. 424 (Colo.App. 1899)||
In Burlington & M.R.R.R. in Nebraska v. Cambell , 14 Colo. App. 141 (Colo. Ct. App. 1899), plaintiff’s horse was killed by a train. Although the court reversed the verdict for the plaintiff for failure to prove defendant’s negligence, the court allowed witness testimony on the market value of the mare.
|Burns v. Leap||645 S.E.2d 751 (Ga.App., 2007)||
In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.
|Bushnell v. Mott||254 S.W.3d 451 (Tex.,2008)||
In this Texas case, the plaintiff (Bushnell) brought an action against the defendant (Mott) for her injuries sustained when defendant's dogs attacked plaintiff. The district court granted summary judgment to defendant. The Texas Supreme Court reversed, and held that the owner of a dog not known to be vicious owes a duty to attempt to stop the dog from attacking a person after the attack has begun, and Mott's behavior after the attack had begun raises an issue of material fact whether Mott failed to exercise ordinary care over her dogs.
|Butcher v. Gay||34 Cal.Rptr.2d 771 (Cal.App.5.Dist.)||
Plaintiff alleged that she had contracted Lyme disease "as a result of exposure to infested ticks" on respondent's property, and that respondent had "failed to spray the area, post signs or prevented [sic] domestic dog(s) from coming into contact with the plaintiff - jumping in her lap - thereby exposing her to a vector of the disease without her knowledge. Court found no duty toward the plaintiff and allow the motion for summary judgment against the plaintiff to stand.
|Cabinet Resource Group v. U.S. Fish and Wildlife Service||465 F.Supp.2d 1067 (D. Mont. 2006)||
The Forest Service builds roads in National Forests, and has to determine what density of road coverage is safe for grizzly bear survival in making its Land Use Plan. Here, the Land Use Plan did not violate the Endangered Species Act, because an agency action is not required to help the survival of an endangered species, it simply may not reduce the likelihood of survival and recovery of the endangered species, grizzly bears. However, because the Forest Service relied upon a scientific study with acknowledged weaknesses to make its road standards, but failed to adequately address those weaknesses in its Final Environmental Impact Statement, the Forest Service violated NEPA (National Environmental Policy Act).
|California Veterinary Medical Ass'n v. City of West Hollywood||61 Cal.Rptr.3d 318 Cal.App. 2 Dist., 2007)||
This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.
|Californians for Humane Farms v. Schafer||Slip Copy, 2008 WL 4449583 (N.D.Cal.) (Not Reported in F.Supp.2d)||
Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices. The United States District Court, N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.
|Callahan v. Woods||736 F.2d 1269 (9th Cir. 1984)||
Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion. Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation. This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA. For application of this test to religious challenges to the BGEPA, see Detailed Discussion of Eagle Act .
|Campbell v. Animal Quarantine Station||632 P.2d 1066 (Hawaii, 1981)||
The plaintiffs' dog died after being left in a hot van during transport from the Hawaii Quarantine Station to the veterinarian's office. The court held that it was not necessary for plaintiffs to witness the dog's death to recover for serious mental distress and that medical testimony was not necessary to substantiate plaintiffs' claims of emotional distress. In affirming the trial court's award for damages for the loss of property (the dog), the court held that the trial "court correctly applied the standards of law . . . and the issues of whether the damages were proximately caused by the defendant and have resulted in serious emotional distress to the plaintiffs are therefore within the discretion of the trier of fact."
|Campbell v. Supervalu||2007 WL 891682 (N.D.Ind.)||North District Court of Indiana dismissed a claim that Federal Meat Inspection Act (FMIA) preempted the plaintiff's state law claims. While a past court decision held that FMIA preempted state attempts to regulate meat inspection, this case was distinguishable because the suit focused on an alleged act of negligence that fell outside inspection of meat and because the state is not placing additional or different requirements then those set by FMIA.|
|Carbasho v. Musulin||618 S.E.2d 368 (W. Va. 2005)||
Owner's dog was killed by a negligently driven car. The owner sued to recover damages for loss of companionship. The court held that dogs are personal property and damages for sentimental value, mental suffering, and emotional distress are not recoverable.
|Caribbean Conservation Corp., Inc. v. Florida Fish and Wildlife Conservation Com'n||838 So.2d 492(Fla. 2003)||
The petitioners' challenge is whether the Legislature can require the newly created Florida Fish and Wildlife Conservation Commission (FWCC) to comply with the requirements of the Administrative Procedure Act (APA), when adopting rules or regulations in respect to those species of marine life that are defined as endangered, threatened, or species of special concern. The petitioners are not-for-profit groups and individuals who allege several statutory sections unconstitutionally usurp the constitutional authority of the FWCC to regulate marine life. The FWCC and the Attorney General (respondents) disagree and argue that the Legislature can require the application of the APA and that the statutes that delineate power to the Department of Environmental Protection (DEP) are constitutional. The issue was whether the creation of the FWCC also gave it power to regulate endangered, threatened, and species of special concern or whether that power remained with the DEP. The court found that such power remained with the DEP regarding endangered and threatened species of marine life. However, it could discern no statutory basis in effect on March 1, 1998, for the DEP having regulatory or executive power in respect to a category of marine species designated "of special concern" so that portion of the challenged statutes was held unconstitutional.
|Carl v. Resnick||714 N.E.2d 1 (Ill. 1999)||
In this Illinois case, plaintiff Judy Carl was riding her horse on a trail in the Cook County Forest Preserve when the horse upon which defendant was riding pinned its ears back, turned its body toward plaintiff's horse, and kicked plaintiff and her horse. One hoof struck plaintiff's leg, causing her injury. In interpreting the state's Equine Act, the court observed that plaintiff's complaint against defendant was not barred by the Equine Act unless plaintiff's recreational riding of her own horse on a public trail was one of the limited activities sought to be encouraged by the Act. After determining that there was no conflict between the Illinois EALA and Animal Control Act, the court reversed the trial court's order denying plaintiff's motion for summary judgment and entered summary judgment for plaintiff on Count I as to liability under the Animal Control Act (510 ILCS 5/16 (West 1995)).
|Carpenter v. State||18 N.E.3d 998 (Ind. 2014)||After being convicted by a Superior Court bench trial and having the Superior Court’s judgment affirmed by the Court of Appeals, defendant appealed the admission of evidence recovered from his home after officers entered it without a warrant in pursuit of an aggressive and bloody dog. The Supreme Court of Indiana found that the entry was unreasonable under the Indiana Constitution and that the evidence obtained pursuant to a subsequent search warrant was inadmissible. The Superior Court's judgment was therefore reversed.|
|Carpenters Indus. Council v. Salazar||734 F.Supp.2d 126 (D.D.C., 2010)||
Plaintiffs, Carpenters Industrial Council, among several, averred that the FWS, in designating the owl as a "threatened species," violated the National Environmental Policy Act, the ESA, and the Administrative Procedure Act. Defendant, the FWS, confess legal error as to the northern spotted owl’s 2008 Critical Habitat Designation and 2008 Recovery Plan and ask that the court: (1) remand and vacate the 2008 Designation; (2) remand the 2008 Plan; and (3) order the FWS to revise its recovery plan and, if necessary, thereafter complete a new critical habitat designation. First, as to Defendant’s request to remand the designation, the court held that it, in fact, has such authority to do so, and such action is moreover appropriate, since the Washington Oversight Committee erred in proffering "jeopardizing" advice to the FWS. However, as to the whether the 2008 Designation may be vacated, the court concluded that it lacked the authority to do so "at this stage of the litigation." As to whether the 2008 Recovery Plan may be vacated, the court held that, given the interconnectedness of the 2008 Designation and the 2008 Plan, remand is appropriate.
|Carrasquillo v. Carlson||880 A.2d 904 (Conn.App., 2005)||
A Connecticut motorist brought a negligence action against a dog owner, seeking to recover for personal injuries allegedly sustained when he took evasive action to avoid hitting dog. The Superior Court, Judicial District of Waterbury, granted the dog owner's motion for summary judgment. On appeal, the Appellate Court held that the record was adequate for appellate review; the dog owner exercised reasonable control while walking dog; the statute allowing imposition of fine or imprisonment or both on owner of dog that interferes with motor vehicle did not apply; and the dog owner demonstrated that motorist would be unable to cure legal defects in complaint even if permitted to replead.
|Carrelli v. Dept. of Natural Resources||Slip Copy, 2010 WL 1268163 (Ohio App. 12 Dist.,2010)||
Wildlife rehabilitation permit applicant was denied a permit by the Ohio Department of Natural Resource’s Division of Wildlife. She requested an administrative hearing to challenge the denial of her application. On appeal, the court held that because wildlife rehabilitation permit applicants do not possess a private property interest in wildlife or in receiving a rehabilitation permit, the state may deny a permit based on its own discretion, so long as the decision to deny the permit is reasonably related to the state’s legitimate government interest. Therefore, even when an applicant possesses the proper credentials required to obtain a permit, the state may deny the permit in protecting the state’s legitimate government interest.
|Carroll v. Cnty. of Monroe||712 F.3d 649 (2d Cir. 2013)||The Plaintiff-Appellant appeals a decision/order by the lower court to deny her motion to set aside the jury verdict or grant a new trial. At the original trial, a jury found plaintiff failed to prove her 42 U.S.C. § 1983 claim that the shooting of her dog during the execution of a search warrant was an unconstitutional seizure in violation of the Fourth Amendment. Plaintiff's dog was shot during a "no-knock" search warrant at plaintiff's residence, but the warrant team was aware that a dog would be present during the search. On appeal, this court held that the plaintiff was not entitled to a new trial because she failed to provide any “legally sufficient evidentiary basis” to show that the jury would find in her favor. The court believed that it was unlikely that a jury would find in her favor because of the fact that the dog was killed during a “no-knock” search of the home and the dog “quickly and aggressively” ran towards the police officer after he entered the home. Although the court agreed that the officers should have advised a plan to deal with the dog in a non-lethal way, it maintained that a jury would unlikely find that the officer’s use of force was unreasonable given the circumstances of this case. Affirmed.|
|Carroll v. County of Monroe||712 F.3d 649 (2nd Cir. 2013)||Upon executing a no-knock warrant by using a battering ram to break through the front door of the plaintiff’s home, police encountered the plaintiff’s dog. An officer claimed the dog was growling, barking, and quickly and aggressively approaching him. He then fired one shot from his shotgun, striking the dog and killing him. Prior to the execution of the warrant, the officers were aware that a dog would be present and did not discuss a plan for controlling the dog or neutralizing the dog by any non-lethal means. The plaintiff filed a lawsuit against the police officers and municipality, alleging violations of her Fourth Amendment rights. The court denied the defendants’ motion for summary judgement and held that the issue of whether the officer acted reasonably was a question for the jury.|
|Carroll v. Rock||469 S.E.2d 391 (Ga. App., 1996)||
After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees. The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others. Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious.
|Carroll v. State||922 N.E.2d 755 (Ind.App., 2010)||
Defendant Lee Carroll appealed his sentence after the trial court accepted his plea of guilty to two counts of class A misdemeanor dog bite resulting in serious bodily injury. While the court noted that Defendant's lack of criminal history was a mitigating factor, the "great personal injury" suffered by the victim far exceeded any mitigation. On each count, the trial court sentenced Carroll to 365 days, with four days suspended, and ordered “both” to “run consecutive to one another.” On appeal, Defendant argued that any consideration of the his dogs' breed was improper. However, the court found that the other evidence was sufficient to support his sentence (in a footnote the court addressed it directly: "We need not address whether the trial court erred to the extent it found the breed of his dogs to be an aggravator..."). The court was not persuaded that the nature of the offenses or the character of the offender justified revising his sentence.
|Carter v. Ide||188 S.E.2d 275 (Ga.App. 1972)||
This Georgia case involves an action for injuries received by a boy after he was attacked by the defendant's dog. The lower court granted summary judgment to the defendant and the plaintiffs appealed. The Court of Appeals held that where there was no showing that the dog ever so much as growled at a human being before the attack, the owner of dog was not liable for injuries. Evidence that the dog previously chased a cat and had engaged in a fight with another dog was insufficient to show the owner's knowledge of the dog's vicious tendencies toward humans to create liability for the owner.
|Carter v. Louisiana State University||520 S.O.2d 383 (La. 1988).||
Plaintiff horse owner sought review by writ of the judgment of the Court of Appeal, First Circuit, State of Louisiana, which held in favor of defendants, a veterinarian and his insurer, in the owner's action for veterinary malpractice that had arisen from the amputation of a horse's tail. The court held defendants were not exculpated from liability under La. Rev. Stat. Ann. § 9:2794 and La. Civ. Code Ann. arts. 2316, 2320, where the horse had his tail wrapped too tightly resulting in avascular necrosis from loss of blood supply, gangrene, and amputation. The court held in favor of the owner, reversed the judgment of the appellate court, and reinstated the judgment of the trial court (including $34,000 in damages).
|Carter v. Metro North Associates||255 A.D.2d 251, 1998 N.Y. Slip Op. 10266 (N.Y.A.D. 1 Dept.,1998)||
In this New York case, a tenant sued his landlords for injuries after he was bitten on face by pit bull owned by another tenant. The lower court denied the landlords' motion for summary judgment and granted partial summary judgment for tenant on issue of liability. On appeal, the Supreme Court, Appellate Division held that the trial court erroneously took judicial notice of vicious nature of breed of pit bulls as a whole. In fact, the court found that the IAS court "erred in circumventing the requirement for evidence concerning the particular animal by purporting to take judicial notice of the vicious nature of the breed as a whole." Thus, the landlords were not strictly liable for the tenant's injuries where there was no evidence indicating that the dog had ever attacked any other person or previously displayed any vicious behavior.
|Carter v. Metro North Assocs.||680 N.Y.S.2d 239, 240 (N.Y.App.Div.1998)||In this case, a tenant sued her landlord for injuries sustained when the tenant was bitten on the face by a pit bull owned by another tenant. The court held that before a pet owner, or the landlord of the building in which the pet lives, may be held strictly liable for an injury inflicted by the animal, the plaintiff must establish both (1) that the animal had vicious propensities and (2) that the defendant knew or should have known of the animal's propensities. In this case, there was no evidence that the pit bull had vicious propensities, nor did any of the evidence support a finding that the landlord had, or should have had, knowledge of any such propensities. The appellate court found the lower court erred when it took "judicial notice of the vicious nature of the breed as a whole." The court noted that there are alternate opinions and evidence that preclude taking judicial notice that pit bulls are inherently vicious as a breed. The trial court order was reversed, judgment for plaintiff vacated, and complaint dismissed.|