Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Black v. Coughlin | 76 F.3d 72 (2nd Cir. 1996) |
Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing. |
Case | ||
| Blake v. County of Wyoming | 46 N.Y.S.3d 753 (N.Y. App. Div. 2017) | 2017 WL 459973 (N.Y. App. Div., 2017) |
The City of Wyoming filed an appeal after the court dismissed the City’s motion for summary judgment. The initial law suit was filed by Cassandra Blake after she sustained injuries from a dog bite at the Wyoming County Animal Shelter. Blake was working at the shelter as a volunteer dog walker when the incident occurred. Blake filed suit against the City of Wyoming on the basis of strict liability. The Court of Appeals reversed the lower court’s decision to deny the City’s motion for summary judgment on the basis that the City did not have actual or constructive knowledge that the dog had vicious propensities. The Court of Appeals rejected Blake’s argument that the City did have knowledge because the shelter was aware that the dog had previously knocked over a four year old child. The Court of Appeals found that this behavior was not notice to the shelter that the dog had any propensity to bite. As a result, the Court of Appeals reversed the lower court’s decision and granted the City’s motion for summary judgment. |
Case | |
| Blankenship v. Commonwealth | 838 S.E.2d 568 (2020) | 71 Va.App. 608 (Va.App., 2020) | Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case. | Case | |
| Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham | 737 N.W.2d 670 (2007) | 479 Mich. 206 (2007) |
In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation. |
Case | |
| Boehm v. State | --- S.W.3d ----, 2026 WL 628826 (Tex. App. Mar. 6, 2026) | The appellant, Dr. Boehm, challenged her misdemeanor conviction for cruelty to a non-livestock animal under Texas Penal Code § 42.092(b)(3), arguing the evidence was insufficient to prove she unreasonably failed to provide necessary care to a bulldog in her custody during boarding. She contended that the jury charge erroneously included the manner and means of prescribing contraindicated medications, asserting such acts cannot constitute an offense under a statute criminalizing omissions, and that the charge improperly included the culpable mental state of recklessness. The court rejected these arguments, holding that the statute's definition of "necessary care" encompasses acts of care that are inadequate to maintain an animal's good health, and that the plain language of the statute includes recklessness as a culpable mental state. Reviewing the evidence in the light most favorable to the verdict, the court found sufficient circumstantial evidence from which a rational jury could conclude the appellant recklessly failed to remove the animal from its waste, resulting in urine scald and infected wounds. The court further held that the inclusion of the contraindicated medication theory was supported by expert testimony regarding the risks of administering Galliprant and prednisone concurrently. Finding no error in the jury charge and the evidence sufficient to support the conviction, the appellate court affirmed the trial court's judgment. | Case | ||
| Bogart v. Chapell | 396 F.3d 548 (4th Cir., 2005) |
A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized. The woman brought a section 1983 claim against the county sheriff's department and human society. The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. |
Case | ||
| Bohan v. Ritzo | 679 A.2d 597 (N.H.,1996) | 141 N.H. 210 (N.H.,1996) |
In this New Hampshire case, a bicyclist brought suit against a dog owner under the state's strict liability statute for injuries he sustained when he fell from his bike after the owners' dog ran toward him. The jury awarded him $190,000 at trial. On appeal, this court found that the bicyclist's allegations were sufficient to sustain the jury's finding even though there was no evidence that the dog actually bit the plaintiff or made any physical contact. The Court held that there is nothing in the plain language of RSA 466:19 that would limit the statute's application actual bites or other direct physical contact. Instead, the statute makes dog owners strictly liable to “[a]ny person to whom ... damage may be occasioned by a dog not owned or kept by him.” RSA 466:19. |
Case | |
| Boling v. Parrett | 536 P.2d 1272 (Or. 1975) | 21 Or.App. 823 (Or. 1975) |
This is an appeal from an action claiming conversion when police officers took animals into protective custody. Where police officers acted in good faith and upon probable cause when a citation was issued to an animal owner for cruelty to animals by neglect, then took the animals into protective custody and transported them to an animal shelter, there was no conversion. |
Case | |
| Bolivia | Angie Vega |
Bolivia |
Topical Introduction | ||
| Bolivia - Animal control - Ley Municipal Autonomica No. 239 para Animales de Compañía | Ley Municipal Autonomica No. 239 | This municipal law seeks to promote companion animal welfare and public health in La Paz, Bolivia. It is modified by "Ley municipal 316, 2018." This ordinance establishes the duties for companion animal owners in La Paz. It creates the mandatory municipal registries of companion animals, and service and assistance animals; the registry of dangerous dogs for citizen safety; and the registry of societies for animal protection, veterinary hospitals, and companion animal stores. It regulates the sale of companion animals and establishes penalties for those who mutilate their companion animals for aesthetic purposes. | Local Ordinance |