Results
Title | Citation | Alternate Citation | Summary | Type |
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Bassani v. Sutton | Slip Copy, 2010 WL 1734857 (E.D.Wash.) |
Plaintiff initiated this lawsuit in 2008 claiming money damages under 42 U.S.C. §§ 1983, 1985, and 1988,and alleging violations of his Fourth and Fourteenth Amendment rights. In 2004, plaintiffs two dogs were seized by Yakima County Animal Control after responding to a citizen's report that he had been menaced by dogs as he ran past plaintiff's house. Before the court here are Defendants' Motion to Dismiss and Opposition to Plaintiff's Motion for Leave to File First Amended Complaint. In granting the motions, the court held that the doctrine of res judicata did warrant a grant of summary judgment as defendants' failure to release plaintiff's dog. Further, the animal control officer was entitled to qualified immunity because he reasonably relied on the deputy prosecuting attorney's advice. Finally, there was no evidence of a pattern of behavior on the part of Yakima County sufficient to be a "moving force" behind a constitutional violation. |
Case | |
Barger v. Jimerson | 276 P.2d 744 (Colo. 1954) | 130 Colo. 459 (1954) |
In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog. Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious." Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages. |
Case |
Banks v. Adair | 251 S.E.2d 88 (Ga.App., 1978) | 148 Ga.App. 254 (Ga.App., 1978) |
In this Georgia dog bite case, plaintiffs appealed a directed verdict for the defendant. The Court of Appeals held that the verdict was properly directed for defendant where there was no evidence that established the defendant's knowledge of his dog's propensity to bite or injure humans.
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Case |
Bailey v. Veitch | 814 N.Y.S.2d 459 (N.Y.A.D. 4 Dept.,2006) | 2006 N.Y. Slip Op. 03192 |
In this New York memorandum opinion, the Supreme Court, Appellate Division, held that fact issues remained as to whether injuries sustained by child were caused by dog, and whether defendants knew or should have known of dog's vicious propensities. At the time of the alleged bite, the four-year-old child was alone in a room with the dog and sustained a gaping laceration on her nose and multiple puncture wounds on her face. The court also determined there was an issue of fact as to whether the dog previously displayed vicious tendencies where the dog bit its owner's grandson on the hand two weeks prior to the instant incident. |
Case |
Bacon (Litigation Guardian of) v. Ryan | 1995 CarswellSask 540 | [1996] 3 W.W.R. 215, 27 C.C.L.T. (2d) 308, 138 Sask. R. 297 |
The child plaintiff was bitten on the face by a pitbull owned by the defendants, requiring reconstructive surgery and two days hospitalization and causing permanent scarring. The dog had bitten the owner's young son two weeks earlier while he played near the dog's food dish'; they contemplated having the dog euthanized but decided against it. The plaintiff's mother had heard about the bite incident but brought her daughter of the same age as the owner's son to visit, placing her on the floor where the dog bit her shortly after. The judge held that the defendants knew of the dog's propensity to bite young children but kept it ''at their peril" (suggesting strict liability or scienter, which was not however mentioned); such fault was sufficient to make the owners 2/3 liable for the child's $12,000 plastic surgery costs, pain and mental anguish. The plaintiff's mother was held 1/ contributorily liable for letting her child visit and play on the floor near the dog, knowing of its propensity. |
Case |
AZ - Phoenix - Chapter 8 - ANIMALS. | Chapter 8 |
The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles. |
Local Ordinance | |
AZ - Ordinances - Article 2. Board of Trustees Government After Disincorporation. | A. R. S. § 9-219 (repealed 2017) | AZ ST § 9-219 | §§ 9-211 to 9-226. Repealed by Laws 2016, Ch. 62, § 9, eff. Jan. 1, 2017 (related to powers of the board of trustees) | Statute |
AZ - Leash Laws - Article 6. Animal Control. | A. R. S. § 11-1012 | AZ ST § 11-1012 | This Arizona laws provides generally that no female dog in her breeding season or vicious dog may be allowed to go at large. It further delineates the state's leash requirements for dogs, including during times of rabies quarantines, in state parks, and at public schools. Exceptions under the law include the training of livestock dogs and hunting dogs, among others. | Statute |
AZ - Dog Ordinances - Powers and duties of board of supervisors (dogs/animals) | A. R. S. § 11-1005 | AZ ST § 11-1005 | This Arizona statute provides that each county board of supervisors may regulate dogs, including the designation of a county enforcement agent, contracting with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs, and for the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs and the excessive and unrestrained barking of dogs. They may also establish either civil or criminal penalties for violations of the above ordinances and establish a rabies quarantine zone. | Statute |
AZ - Dog - Arizona Consolidated Dog Laws | A. R. S. § 11-1001 - 1029; § 28-2422 - 2422.02; § 17-309 | AZ ST § 11-1001 - 1029; AZ ST § 28-2422 - 2422.02; AZ ST § 17-309 | These Arizona statutes comprise the laws relating to dogs and animal bites. Included are provisions related to registration, collaring, and vaccination of dogs. With regard to dangerous dogs, Arizona law provides that a person with knowledge of a dog's vicious propensity must also keep the dog in an enclosed yard or confined area with a sign indicating the dog's vicious tendencies. | Statute |