United States

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Titlesort ascending Summary
CRITICAL ANIMAL STUDIES AND ANIMAL LAW
Crisman v. Hallows


Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact.

Criscuolo v. Grant County The plaintiff’s dog was shot by a police officer while eyewitnesses claim that right before he fired, the dog was stationary or retreating at a distance of 10-20 feet from the officer and his police K9. The pet owner filed suit against both the individual police officer and the municipality, who both claimed immunity, which was granted at the trial court. On appeal, the court upheld the dismissal of the municipality based on the fact that official policy did “not authorize unconstitutional conduct or give officers unbridled discretion to shoot any animal they encounter, even if it is not threatening.” However, the appellate court reversed the trial court’s decision in regards to the officer’s immunity, holding that viewing the circumstances in the light most favorable to the plaintiff, the killing was not necessarily reasonable to protect the officer’s safety or the safety of his police K9.
Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture
Plaintiff, a supplier of beef products, brought an action against Defendant, the United States Department of Agriculture (USDA), after the USDA denied Plaintiff’s request to purchase Bovine Spongiform Encephalopathy (BSE) testing kits.

 

The United States Court of Appeals, District of Columbia Circuit found that the USDA has authority under the Virus Serum Toxin Act (VSTA) to regulate the use of biological products, the USDA’s interpretation of VSTA allowing the USDA to deny an import permit based on the product’s intended use was not inconsistent with the regulation and was therefore entitled to deference by the Court, the USDA’s interpretation of the word “treatment” as including diagnostic activities was entitled to deference, and that

 

BSE testing is a diagnostic activity for purposes of VSTA.
Creekstone Farms Premium Beef v. United States Department of Agriculture
Creekstone Farms Premium Beef (Creekstone) sought to independently test their slaughtered cows so they could more safely provide meat to consumers. Creekstone requested testing kits from the USDA, the same kits that USDA inspectors use to test for BSE.

The district court ruled that Creekstone could perform the tests.

Crawford v. Van Buren County, Ark.


In this § 1983 action, defendant kennel operator alleged taking of private property without just compensation, unreasonable search and seizure, and due process violations in relation to seizure of dogs, and that the local humane society conspired with government entities. On appeal of summary judgment for the defendants, the court found her claims against the county were barred, and that she failed to first exhaust her administrative remedies. The animal control officer was acting pursuant to a valid search warrant when she entered the property to seize the dogs, and, under an animal cruelty plea agreement, had authority to inspect Crawford's premises. With regard to the Humane Society defendants, the court found summary judgment proper because there was no evidence amounting to a civil conspiracy to seize the dogs for personal gain.

Cramer v. Harris Plaintiff William Cramer filed this lawsuit in federal district court to challenge the constitutionality of California’s Proposition 2, which requires California egg farmers to house egg laying hens in less restrictive enclosures. Plaintiff argued that, because Proposition 2 did not specify a minimum cage size for egg laying hens, a reasonable person could not discern whether the enclosures being used were compliant with Proposition 2 and that the law is void for vagueness as a result. The district court dismissed the lawsuit. On appeal, the court reasoned that Proposition 2 did not need to specify a minimum amount of space per bird, and that the space requirements mandating that each hen be able to extend its limbs fully and turn around freely can be discerned using objective criteria. Accordingly, the court of appeals affirmed the judgment of the lower court and dismissed the lawsuit.
Coyote v. U.S. Fish and Wildlife Service


Defendant brought a motion after the USFWS denied his application to obtain eagle feathers for religious use where defendant failed to obtain certification from the Bureau of Indian Affairs that he was a member of a federally-recognized tribe.  The court held that this requirement is both contrary to the plain reading of that regulation and arbitrary and capricious.  For discussion on formerly recognized tribes and the BGEPA, see

Detailed Discussion.

Coy v. Ohio Veterinary Med. Licensing Bd.


A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.

Cox v. U.S. Dept. of Agriculture


USDA had suspended a kennel owner’s license for 90 days and imposed a fine on the owner for violating AWA regulations.

 

These violations included delivering dogs for transportation in commerce, that were under eight weeks old, failing to hold dogs for at least five days after acquiring them, and refusing APHIS inspections.

 

Owner claimed that such sanctions were excessive.

 

However, the court found that there was willful violation of the AWA, since inspections were refused.

 

Also, ignorance is not considered a defense, and although the owners claimed they did not know the age of the eight-week old puppies, they could have found out.

 

Thus, the sanction was appropriate.

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