United States

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Titlesort ascending Summary
Zalaski v. City of Hartford


When animal rights activists, who were protesting the treatment of animals at a race sponsored by a circus, were arrested for criminal trespass and obstruction of free passage,  the filed a section 1983 lawsuit for false arrest, unlawful retaliation, malicious prosecution, and interference with free expression under both the U.S. and Connecticut constitution against the city and the officer.  Upon appeal of the lower court’s rejection of the activists’ First, Fourth, and Fourteenth Amendment claims, the court (1) affirmed the lower court’s decision on the ground of qualified immunity under section 1983, (2) would not address whether a pro se attorney who represented plaintiffs in addition to himself may be awarded fees because the issue was not raised in district court, and (3) vacated the judgment only in order to remand the case for the limited purpose of having the district court clarify whether it awarded the activists the costs incurred as a result of a discovery certification violation.

Zageris v. Whitehall


The single-family residence property owner and owner of dogs kept on property filed suit for declaratory judgment, petition for habeas corpus, and civil rights claims against city based on city's enforcement of ordinance prohibiting number of dogs on property.  He then appealed the ruling in favor for the city.  The Ohio Court of Appeals held that the local ordinance limiting number of dogs on single family property was a nuisance and not zoning measure and consequently a valid exercise of city's police power.

Yuzon v. Collins


In this California case, a dog bite victim sued a landlord, alleging premises liability in landlord's failure to guard or warn against tenants' dangerous dog.  On appeal from an order of summary judgment in favor of the landlords, the Court of Appeal held that the landlord owed no duty of care, as he had no actual knowledge of dog's dangerous propensities and an expert witness's declaration that the landlord should have known of the dog's vicious propensities was insufficient to warrant reconsideration of summary judgment ruling.  The landlord's knowledge that tenants may have a dog because it is allowed through a provision in the lease is insufficient to impute liability where the landlord has no knowledge of any previous attacks or incidents.

Youngstown v. Traylor
Defendant was charged with two misdemeanors after his unrestrained Italian Mastiff/Cane Corso dogs attacked a wire fox terrier and its owner.

 

Defendant filed a motion to dismiss the charges against him, arguing that YCO 505.19(b) is unconstitutional and a violation of his procedural due process rights.

 

The Supreme Court of Ohio held that the


Youngstown


municipal ordinance was constitutional because it was “rationally related to the city's legitimate interest in protecting citizens from vicious dogs,” provided “the dog owner with a meaningful opportunity to be heard on the dog's classification,” and did not “label dogs as dangerous or vicious” solely based on their breed type.




Young's Bus Lines v. Redmon


Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages.

Wyoming v. United States Department of the Interior


 In a letter, the Fish and Wildlife Service rejected Wyoming's wolf management plan due to Wyoming's predatory animal classification for gray wolves.  Wyoming brought claims against the United States Department of the Interior and Fish and Wildlife Service for violating the Endangered Species Act and Administrative Procedure Act.  The District Court dismissed the claims for lack of jurisdiction, reasoning the letter did not constitute final agency action under the Administrative Procedure Act. 

Wyoming Farm Bureau v. Babbitt


The Wyoming Farm Bureau, amateur researchers, and environmental groups appealed an agency to introduce experimental population of gray wolves in a national park and central Idaho. After ruling on the various standing issues, the court held that the ESA section allowing experimental population to be maintained only when it is "wholly separate geographically" from nonexperimental populations includes overlap even with individual members of nonexperimental species.

 

However, the defendants' treatment of all wolves found within boundaries of designated experimental population areas as nonessential experimental animals was contrary to law as provided in their own regulations.

 

Therefore, the court ordered that Defendants' Final Rules establishing a nonessential experimental population of gray wolves in Yellowstone National Park in Wyoming, Idaho, Montana, central Idaho and southwestern Montana was unlawful.

 

Further, that by virtue of the plan being set aside, defendants must remove reintroduced non-native wolves and their offspring from the Yellowstone and central Idaho experimental population areas. 

This decision was reversed in



199 F.3d 1224.


Wyoming Farm Burearu v. Babbitt


The State Farm Bureaus (a national farm organization)), researchers, and environmental groups appealed from decision of United States and federal agencies to introduce experimental population of gray wolves in a national park and central Idaho. The United States District Court for the District of Wyoming struck down the Department of Interior's final wolf introduction rules and ordered reintroduced wolves removed. In reversing the lower court's decision, the Court of Appeals for the 10th Circuit held that the possibility that individual wolves from existing wolf populations could enter experimental population areas did not violate provision of Endangered Species Act requiring that such populations remain "geographically separate."  Further, the fact that the promulgated rules treated all wolves, including naturally occurring wolves, found within designated experimental population areas as nonessential experimental animals did not violate ESA.

Wyno v. Lowndes County Victim was attacked and killed by her neighbor's dog. Victim's husband, acting individually and as administrator of his wife's estate, brought action against dog owners and several government defendants, whom he alleged failed to respond to earlier complaints about the dog. The trial court dismissed the action against the government for failure to state a claim, concluding that sovereign and official immunity or, alternatively, the Responsible Dog Ownership Law (OCGA § 4–8–30), barred action against the government defendants. Husband appealed. The appeals court held the trial court did not err in dismissing the action against the county and its employees in their official capacities. The former version of OCGA § 4–8–30, effective at the time of the attack, provided immunity to local governments and their employees from liability for all injuries inflicted by dangerous or potentially dangerous dogs. The appeals court held that the trial court erred in dismissing the action against the employees in their individual capacities based on official immunity, however. By applying the former OCGA § 4–8–30 (2012) to dismiss the action against the employees in their individual capacities, the trial court implicitly rejected the husband’s constitutional challenge to the statute. Judgment was therefore affirmed in part and reversed in part, and remanded to the trial court to enter a ruling specifically and directly passing on the husband’s constitutional challenge.
WY - Wildlife, exotic hybrid - Chapter 1. Game and Fish Administration.


This section of Wyoming statutes states that all wildlife in the state is considered the property of the state.  It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals. “Exotic species” means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.

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