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Titlesort descending Summary
Scott v. Jackson County


On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action.
SCREENING WATER DIVERSIONS FOR FISH PROTECTION: A SURVEY OF POLICY, PRACTICES AND COMPLIANCE IN THE PACIFIC NORTHWEST
SD - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
SD - Bite - Chapter 40-34. Dog Licenses and Regulation (Vicious Dog Provisions) This South Dakota statute provides that a vicious dog, defined as any dog which, when unprovoked, in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance. However, no dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
SD - Cruelty - Consolidated Cruelty Statutes These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.
SD - Dogs - Consolidated Dog Laws These South Dakota statutes comprise the state's dog laws. Among the provisions include licensing requirements, vicious dog laws, and rabies vaccination provisions.
SD - Ecoterrorism - Chapter 40-38. Protection of Animal Facilities This chapter comprises South Dakota's animal enterprise interference laws. Under the section, it is illegal for a person to intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility; exercise control over the animal facility or an animal located therein; enter the animal facility with the intent to commit prohibited acts; enter an animal facility and remain concealed with the intent to commit prohibited acts; or intentionally release an animal on an animal facility. Violation is a misdemeanor of varying degrees if the damaged property value is less than $1,000 and a Class 4 felony if above $1,000. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.
SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute.
SD - Equine Activity Liability - Chapter 42-11. Equine Activities. This act stipulates that an equine sponsor, equine professional, doctor of veterinary medicine or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection.

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