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American Dog Owners Ass'n, Inc. v. Dade County, Fla. |
Associations of dog owners sued Dade, County, Florida seeking declaratory judgment that an ordinance that regulated “pit bull” dogs was unconstitutionally vague. Plaintiffs contend that there is no such breed as a pit bull, but rather a three breeds that this ordinance has mistakenly lumped together. The District Court held that ordinance sufficiently defined “pit bull” dogs by specifically referencing three breeds recognized by kennel clubs, including a description of the characteristics of such dogs, and provided a mechanism for verification of whether a particular dog was included. The uncontradicted testimony of the various veterinarians reflected that most dog owners know the breed of their dog and that most dog owners look for and select a dog of a particular breed.
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American Dog Owners Ass'n, Inc. v. City of Lynn |
This is an appeal by American Dog Owners Association from a judgment upholding two of three city of Lynn ordinances which restrict ownership of certain dogs within the city limits. The lower court found that one of three animal control ordinances regulating “pit bulls” was unconstitutional. First, the Supreme Judicial Court held that the first two ordinances were repealed by passage of third which was intended to treat subject of pit bulls comprehensively. However, the court found that the third ordinance which attempted to define pit bull by breed was unconstitutionally vague. The court stated that, "if identification by breed name does not provide sufficient ascertainable standards for enforcement, then the “definition” of “Pit Bull” in the fourth ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear 'common understanding and usage' of the term 'Pit Bull,' is not sufficiently definite to meet due process requirements."
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American Dog Owners Ass'n v. City of Yakima |
In this Washington case, plaintiff brought suit against the City of Yakima challenging an ordinance that banned “pit bulls” dogs. The Superior Court, Yakima County, granted city's motion for summary judgment, and plaintiffs appealed. Plaintiffs first argued that the ordinance is vague because a person of ordinary intelligence cannot tell what is prohibited. The Supreme Court disagreed, finding that the City used adequate standards for identification in the professional standards and illustrations to show that a particular dog meets the professional standard. Thus, the Court found that the ordinance gave sufficient notice of what was conduct prohibited. Summary judgment for the City was affirmed.
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American Bald Eagle v. Bhatti |
A group of animal preservationists filed suit to enjoin deer hunting on a Massachusetts reservation because it contended that the activity posed such a risk to bald eagles so as to constitute a prohibited “taking” under the ESA. The essence of the plaintiff's argument was that some of the deer shot by hunters would not be recovered and then eagles would consume these deer thereby ingesting the harmful lead slugs from the ammunition. The district court denied the preliminary injunction, ruling that appellants failed to show a reasonable likelihood of success on the merits. On appeal of the denial for injunction, this Court held that plaintiff failed to meet the showing of actual harm under the ESA. There was no showing in the record of harm to any bald eagles during the deer hunt of 1991 and the record fully supported the trial judge's conclusion.
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Amburgey v. Sauder |
Plaintiff was bitten by a horse as she walked through a stable.
The court determined that Plaintiff was a “participant” for the purposes of the Equine Activity Liability Act (EALA), and thus the Defendant stables owner was insulated from liability arising out of the unanticipated, abnormal behavior of the horse.
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Ambros-Marcial v. U.S. |
Eleven illegal aliens tragically died in Arizona while attempting to cross the Sonoran Desert in May 2001. Plaintiffs, the aliens' surviving relatives, filed suit under the Federal Tort Claims Act, claiming that the manager of the Cabeza Prieta National Wildlife Refuge where decedents were found, caused their deaths by refusing to allow an immigrant rights group to erect water drums on the refuge in April 2001. Defendant moved to dismiss, arguing that (1) the Court lacks jurisdiction because the decision was a “discretionary function” under 28 U.S.C. § 2680(a), and (2) Plaintiffs failed to state a claim because Defendant owed no duty to Plaintiffs. Defendant filed a motion for summary judgment and motion to dismiss. The District Court held that defendant's concerns about the safety of aliens (who might be encouraged to cross the area because of the presence of water drums), the safety of refuge visitors (who have been victimized by a small percentage of illegal crossers), and environmental harm (arising from habitat disruption and littering of debris) gave Defendant the discretion to decline to authorize the erection of water drums on Cabeza Prieta, and therefore the Court has no jurisdiction to hear this case. In addition, Defendant owed no duty to affirmatively assist trespassers illegally crossing Cabeza Prieta in avoiding the obvious dangers of a hostile desert. Therefore, Defendant's motion for summary judgment is granted.
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Alvarez v. Clasen |
Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats.
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Altman v. City of High Point |
This case arises out of several shooting incidents in the City of High Point, North Carolina. In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights. The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights.
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Altieri v. Nanavati |
This is an action against a veterinarian for negligence, claiming that the defendant performed unwanted sterilization surgery on the plaintiff's dog, a Lhasa Apso. The court held that there is also a question of fact regarding whether performing an unwanted operation on the dog is, under the circumstances, actionable as reckless conduct. However, the court observed that, at the time of the trial it is unlikely that the plaintiffs will be able to recover, as an element of damages, any alleged emotional distress they may have experienced as a result of the surgery on their dog.
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Alternatives Research & Development Foundation v. Glickman |
In this case, the plaintiffs, a non-profit organization, a private firm and an individual, alleged that the defendants, the USDA and APHIS violated the mandate of the Animal Welfare Act (AWA) by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants moved to dismiss, arguing that all three plaintiffs lack standing to bring suit. Defendants also moved to dismiss on the grounds that the exclusion of the three species is within the agency's Congressionally delegated discretion, not subject to judicial review. The court denied defendant's motion, holding that based on
Lujan
, defendants challenge to standing failed. Further, the AWA does not grant the USDA "unreviewable discretion" to determine what animals are covered under the AWA.
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