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Displaying 21 - 30 of 36
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Nonhuman Rights Project, Inc. ex rel. Beulah v. R.W. Commerford & Sons, Inc. | 2017 WL 7053738 (Not Reported in A.3d) (Conn. Super. Ct. Dec. 26, 2017) | In this case the petitioner, Nonhuman Rights Project, Inc., sought a writ of habeas corpus on behalf of three elephants, Beulah, Minnie, and Karen, which are owned by the respondents, R.W. Commerford & Sons, Inc. and William R. Commerford, as president of R.W. Commerford & Sons, Inc. The issue was whether the court should grant the petition for writ of habeas corpus because the elephants are “persons” entitled to liberty and equality for the purposes of habeas corpus. The court denied the petition on the ground that the court lacks subject matter jurisdiction (because the plaintiffs lacked standing) and the petition was wholly frivolous on its face in legal terms (elephants are not "persons" according to the court). The court he court dismissed the petition for writ of habeas, but pointed to the state's anti-cruelty laws "as a potential alternative method of ensuring the well-being of any animal." | Case | |
| Nonhuman Rts. Project, Inc. v. Breheny | 197 N.E.3d 921, reargument denied, 39 N.Y.3d 967, 200 N.E.3d 121 (2022) | No. 52, 176 N.Y.S.3d 533, 2022 N.Y. Slip Op. 03859, 2022 WL 2122141 (N.Y., June 14, 2022) | This New York case centers on a petition of habeas corpus for an elephant named "Happy" who is housed at the Bronx Zoo. Petitioner Nonhuman Rights Project is a not-for-profit corporation with a mission of seeking to establish that “at least some nonhuman animals” are “legal persons” entitled to fundamental rights, including “bodily integrity and bodily liberty.” In 2018, petitioner commenced this habeas proceeding in Supreme Court against respondents James J. Breheny, Director of the Bronx Zoo, and the Wildlife Conservation Society, the organization that operates the Zoo. Petitioner sought a writ of habeas corpus “on behalf of Happy,” an Asian elephant that petitioner claimed was unlawfully confined at the Zoo in violation of her right to bodily liberty. Happy has resided at the Bronx Zoo for the last 45 years and has been held in captivity since she was approximately one year old. Petitioners request that she be transferred to an “appropriate sanctuary" where she could potentially be integrated with other elephants. To support its request, petitioner proffered affidavits from several experts specializing in elephant study and care attesting to the general characteristics of elephants. The Zoo respondents opposed petitioner's application and requested dismissal of the petition for lack of standing and failure to state a cause of action. Specifically, respondents argued that there was no legal basis for habeas relief and that Happy's living conditions comply with all relevant laws and accepted standards of care. The Supreme Court dismissed the petition on the ground “that animals are not ‘persons’ entitled to rights and protections afforded by the writ of habeas corpus” and that habeas relief is not available for an animal. On petitioner's appeal, the Appellate Division unanimously affirmed, reasoning that “the writ of habeas corpus is limited to human beings.” While the court acknowledged that the law recognizes that animals are not mere "things," and existing animal protection laws underscore this conclusion, the scope of habeas corpus does not include animals. The court lastly noted that " this case has garnered extraordinary interest from amici curiae and the public . . . Though beyond the purview of the courts, we appreciate that the desire and ability of our community to engage in a continuing dialogue regarding the protection and welfare of nonhuman animals is an essential characteristic of our humanity. Such dialogue, however, should be directed to the legislature." As such, the order of the Appellate Division was affirmed | Case |
| Padilla v. Stringer | 395 F.Supp. 495 (1974) | 10 Fair Empl.Prac.Cas. (BNA) 575, 9 Empl. Prac. Dec. P 10,196, 19 Fed.R.Serv.2d 832 | Plaintiff employee brought a suit of discrimination against the Albuquerque Rio Grande Zoo under 28 U.S.C.A. § 1343(4) and 42 U.S.C.A. §§ 1983, 2000e et seq. | Case |
| Pedersen v. Benson | 255 F.2d 524 (C.A.D.C. 1958) | 103 U.S.App.D.C. 115 |
In the matter of Pedersen v. Benson , an importer had a permit to import five giraffes from Kenya, three of which were sold and released to public zoos after the requisite quarantine period. The other two were bought by ‘Africa USA,’ but not released. One of them had a heart attack and died. Plaintiff’s filed suit to have the other one they purchased released. The permits, issued by APHIS, were issued under the further understanding that all the giraffes would be consigned to an approved zoological park (Africa USA is a privately-owned zoo). The Court found no basis to uphold the government’s claim that a government officer may impose an ad hoc system of licensure upon any citizen, or upon any one group, i.e. private zoos, as opposed to another. Here, the importation was specifically permitted for all five animals, and any one animal was just as much a potential carrier of hoof and mouth disease as this particular giraffe. Therefore, this matter was dismissed for failure to state a cognizable claim. |
Case |
| PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff, v. WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. | 476 F. Supp. 3d 765 (S.D. Ind. 2020) | 2020 WL 4448481 (S.D. Ind. Aug. 3, 2020) | Wildlife in Need and Wildlife in Deed, Inc. ("WIN") is a zoo located in Charlestown, Indiana owned by Timothy Stark and Melissa Lane that houses exotic and endangered animals, including Big Cats like lions, tigers, and hybrids. WIN exhibits Big Cats to the public through hands-on encounters called “Tiger Baby Playtime” so Stark routinely declaws Big Cat cubs in his possession so he can handle them easier, not for any medical reason. Stark admitted to declawing "about a dozen cubs" in 2016 alone. People for the Ethical Treatment of Animals, Inc. ("PETA") filed this lawsuit against Stark and Lane and their WIN zoo alleging that the defendants harassed and wounded Big Cats in violation of the federal Endangered Species Act (ESA). Specifically, this case asks whether certain animal exhibitors have "taken" various species of Big Cats by declawing them and prematurely separating them from their mothers to use in hands-on, public interactions. By granting PETA's motion for Partial Summary Judgment, this court concludes that such conduct constitutes a "taking" and thus violates the ESA. The court noted that PETA's motion for preliminary injunction was granted in 2017, restraining defendant from declawing any Big Cats absent a medical necessity supported by a veterinarian's opinion. Then, on February 12, 2018, the court preliminarily enjoined the WIN Defendants from declawing their Big Cats, prematurely separating Big Cat Cubs from their mothers, and using Cubs in Tiger Baby Playtime. The court previously concluded that declawing constitutes a “taking” under the ESA at the preliminary injunction stage, and now found "there is no good reason to disturb that conclusion." Thus, the court again concludes the WIN Defendants' declawing constitutes a “taking” under the ESA: it “harasses” Big Cats by creating a likelihood of significantly disrupting normal behavioral patterns; it “harms” Big Cats by actually injuring them; and it “wounds” Big Cats by inflicting a physical injury. In addition to granting the permanent injunction, the court also directed PETA to file a motion to appoint a special master and identify a reputable wildlife sanctuary for the animals housed at WIN. | Case |
| PETA v. Tri-State Zoological Park | 424 F. Supp. 3d 404 (D. Md. 2019), aff'd, 843 F. App'x 493 (4th Cir. 2021) | PETA brought this action against defendants Tri-State Zoological Park of Western Maryland, Inc., Animal Park, Care & Rescue, Inc., and Robert Candy (collectively, “Tri-State”). Prior to this lawsuit, Tri-State was home to two lemurs, five tigers, and two lions which are all protected under the Endangered Species Act (“ESA”). More than half of the protected species housed at Tri-State died. PETA alleged violations of the ESA. PETA contended that the animals were subjected to harm and harassment and that Tri-State committed a “take” as defined by the ESA as a result of unsanitary living conditions, poor diets, and inadequate shelter and enrichment. The district court found that PETA had standing to bring suit. The court also found that each of the respective animals had been subjected to a take under the ESA. The court ultimately held that it would enter a separate order declaring that the Defendants violated the ESA by unlawfully taking the remaining big cats and maintaining possession of them. The Court permanently enjoined the Defendants from ever owning or possessing any endangered or threatened species and terminated the Defendants’ ownership and possessory rights to the animals. The Defendants’ motion to stay was denied. | Case | |
| Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo | Id SAIJ: FA17190000 | This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued. | Case | |
| Reece v. Edmonton (City) | 335 DLR (4th) 600; 513 AR 199; [2011] CarswellAlta 1349; 530 WAC 199 | This case dealt with the procedure the applicants used to get their claim heard by the court. The respondent City holds a licence under the Wildlife Act, R.S.A. 2000, c. W‑10 to operate a zoo, which houses a lone Asian elephant named Lucy. The appellants commenced this action by originating notice for an order. The chambers judge concluded that the proceedings were an abuse of process because a private litigant cannot seek a declaration that the respondent is in breach of a penal provision in a statute, namely that the elephant was kept in distress because of health concerns. Alternatively, he concluded that the application should have been brought by way of statement of claim, not originating notice. Further, the chambers judge concluded that the appellants had no private interest standing, and that there were barriers to them being awarded public interest standing. On appeal, the parties raised two issues: (1) whether the chambers judge erred in denying the appellants standing to seek a declaration; and (2) whether the chambers judge erred in concluding that the proceedings were an abuse of process. This court held that the chambers judge came to the correct conclusion that these proceedings are an abuse of process. APPEAL DISMISSED. | Case | |
| Resolución 063/2018 - Comisión Derechos Humanos del Estado de Guerrero, Mexico | Resolución 063/2018 | Resolution 063/2018 by the Human Rights Commission of Guerrero, Mexico addresses concerns raised by members of the civil association "Responsible Citizen" and a professor and students from the Master's in Law program at the Autonomous University of Guerrero against the Director of Zoochilpan Zoo. The complaint alleged violations to the state animal protection statute, the Rights of Nature (Recognized in the constitution since 2014), and the right to a healthy environment due to inadequate conditions for the animals. After an inspection, the commission noted various issues such as animals of diverse species living together, dirty water in a pond, and animals in small enclosures. The zoo also failed to meet the standards of the Association of zoos, breeders, and aquariums "AZCARM," leading to recommendations for improvement. Resulting from these inspections, the commission found that the animals were housed inadequately, violating the state anti-cruelty law. They also highlighted potential impacts on the human right to a healthy environment for visitors and zoo staff. The Commission's recommendations include advising the Secretary of the Environment to implement recommendations for the welfare of exhibited animals, suggesting ongoing training for zoo staff to ensure dignified treatment, and advising the Zoo Director to implement legal and administrative measures for the animals' well-being, including budget allocation for necessary infrastructure and optimal conditions. | Case | |
| Resolución 063/2018 - Mexico | Resolución 063/2018 - Mexico | The Human Rights Commission of the state of Guerrero, Mexico (Comisión de los Derechos Humanos del Estado de Guerrero) is the administrative authority responsible for overseeing human rights violations and issuing public recommendations and complaints when such violations are attributed to state and municipal authorities and public employees (See Comisión de los Derechos Humanos del Estado de Guerrero). In response to a complaint filed by members of the civil association “Responsible Citizen,” a professor, and students from the Master’s in Law program at the Autonomous University of Guerrero, the Commission addressed concerns against the director of the Zoochilpan Zoo. The complaint alleged violations of the Rights of Nature (recognized in Guerrero’s constitution since 2014) and the right to a healthy environment due to subpar conditions in which the zoo housed its animals. The complainants requested an inspection of the zoo to corroborate the conditions in which the animals were kept, which negatively affected their physical and mental health. During the inspection, the Commission observed animals of diverse species cohabiting, a pond with dirty water, and animals living in small enclosures. In addition, the President of the Institute for Handling and Conservation of Biodiversity stated that the zoo did not meet the standards of the Association of Zoos, breeders, and aquariums (AZCARM). Recommendations were issued, citing substandard conditions such as underweight animals, dirty enclosures, and improper feeder placement. As a result of these inspections, the Commission concluded that the animals were housed in inadequate conditions, violating Art 43, fractions I, XI, and XVII of the state anti-cruelty law. Moreover, it noted that these conditions could impact the human rights to a healthy environment for both visitors and zoo staff. The Commission’s recommendations are as follows: (1) The Secretary of the Environment and Natural Resources of the State is advised to develop and implement the recommendations issued by the President of the Institute for the Management and Conservation of Biodiversity and the General Attorney for Environmental Protection to guarantee the respectful and dignified treatment of the exhibited animals, their protection, and health, and to provide a healthy environment to humans; (2) The Commission recommended ongoing training for the zoo’s staff to cultivate a culture of protection and the dignified, respectful treatment of exhibited animals. This measure also aligns with the protection of the Rights of Nature, acknowledging animals as integral parts of it; (3) The Zoo Director is advised to implement both legal and administrative measures to ensure their animals’ dignified and respectful treatment. This included developing a budget that allocates funds for creating the necessary infrastructure, providing adequate food, and establishing optimal health conditions. These measures would allow wildlife to live in conditions similar to those of their species. | Case |