Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| MI - Cruelty, neglect - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | MCL 750.50 | MI ST 750.50 | This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony. | Statute |
| OR - Vehicle, unattended animal - 30.813. Entrance into motor vehicle to remove unattended child or domestic animal; | O. R. S. § 30.813 | OR ST § 30.813 | This Oregon law enacted in 2017 gives immunity from civil or criminal liability to a person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal if he or she follows steps listed in the law. The person must first determine the vehicle is locked and there is no reasonable method for the animal or child to exit the vehicle. That person must also have a good faith and reasonable belief based on the circumstances that entry is necessary due to imminent harm. Additionally, that person must notify law enforcement/emergency services before or soon as is reasonably practicable, use no more force than necessary to enter the vehicle, and remain with the child or animal until responders arrive. | Statute |
| Canada - Dog, dangerous - Nova Scotia Municipal Government Act | S.N.S. 1998, c. 18, s. 174 - 179 | Certain sections (ss.175-179) of this Nova Scotia statute deal with dog ownership, and the consequences for failing to control a dog, or owning one who causes harm to people or property. | Statute | |
| CT - Education - § 10-18d. Animal dissection. Students to be excused from participation or observation | C. G. S. A. § 10-18d | CT ST § 10-18d | This Connecticut law states that a local or regional school district shall excuse any student from participating in, or observing, the dissection of any animal as part of classroom instruction, provided the parent or guardian of such student has requested, in writing, that such student be excused from such participation or observation. A student excused under this law shall be required to complete an alternate assignment to be determined by the local or regional school district. | Statute |
| Animal Legal Def. Fund v. Wasden | 878 F.3d 1184 | 18 Cal. Daily Op. Serv. 142 | In 2012, an animal rights activist went undercover to get a job at an Idaho dairy farm and then secretly filmed ongoing animal abuse there. Mercy for Animals, an animal rights group, publicly released portions of the video, drawing national attention. The dairy farm owner responded to the video by firing the abusive employees who were caught on camera, instituting operational protocols, and conducting an animal welfare audit at the farm. Local law enforcement authorities launched an investigation that culminated in the conviction of one of the employees for animal cruelty. After the video's release, the dairy farm owner and his family received multiple threats. In 2012, an animal rights activist went undercover to get a job at an Idaho dairy farm and then secretly filmed ongoing animal abuse there. Mercy for Animals, an animal rights group, publicly released portions of the video, drawing national attention. The dairy farm owner responded to the video by firing the abusive employees who were caught on camera, instituting operational protocols, and conducting an animal welfare audit at the farm. Local law enforcement authorities launched an investigation that culminated in the conviction of one of the employees for animal cruelty. After the video's release, the dairy farm owner and his family received multiple threats. Animal rights advocacy organization brought action against the Governor and Attorney General of Idaho, challenging statute that criminalized interference with agricultural production facilities as violative of the First Amendment's free speech protections, violative of the Equal Protection Clause of the Fourteenth Amendment, and preempted by federal law. The United States District Court for the District of Idaho entered summary judgment in favor of organization and granted organization's motion to permanently enjoin enforcement of the statute. The court held that 1) Idaho statute criminalizing entry into an agricultural production facility by misrepresentation violated First Amendment; 2) Idaho statute criminalizing obtaining records of an agricultural production facility by misrepresentation did not violate First Amendment; 3) Idaho statute criminalizing obtaining records of an agricultural production facility by misrepresentation did not violate Equal Protection Clause; 4) Idaho statute criminalizing obtaining employment with an agricultural production facility by misrepresentation with the intent to cause economic or other injury to the facility's operations, property, or personnel, did not violate First Amendment; 5) Idaho statute criminalizing obtaining employment with an agricultural production facility by misrepresentation with the intent to cause economic or other injury to the facility's operations, property, or personnel did not violate Equal Protection Clause; and 6) Idaho statute prohibiting a person from entering a private agricultural production facility and, without express consent from the facility owner, making audio or video recordings of the conduct of an agricultural production facility's operations violated First Amendment. Affirmed in part; reversed in part. | Case |
| Amons v. District of Columbia | 231 F. Supp 2d. 109 (D.D.C. 2002) | 2002 WL 31455095 (D.D.C.) |
Plaintiff filed a Section 1983 action against D.C. police officers alleging, inter alia , intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home. The court found that the officers lacked probable cause for the warrantless entry into his home to make the arrest, the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation. |
Case |
| WI - Breed - 95.13. Misrepresenting breed of domestic animal | W. S. A. 95.13 | WI ST 95.13 | Under this Wisconsin statute, no person may sell any domestic animal or represent that such domestic animal is a pure bred animal, if the animal is not registered or entitled to be registered, in any pure breed registry for that breed. | Statute |
| Center for Biological Diversity v. Henson | Slip Copy, 2009 WL 1882827 (D.Or.) |
Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest. The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources. |
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| Stauber v. Shalala | 895 F.Supp. 1178 (W.D.Wis.,1995) |
Court found that milk consumers failed to prove that milk gained from rBST-treated cows contains higher levels of antibiotics, tastes different, or differs in any noticeable way from "ordinary" milk. That consumers might demand mandatory labeling was not enough to require labeling; rather, the FDA was required to ensure that products are not misbranded and consumer demand could not require the FDA to forgo this duty. |
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| Dodge v. Durdin | 187 S.W.3d 523 (Tex. App.-Hous. (1 Dist.), 2005) | 2005 WL 3214618 (Tex. App.-Hous. (1 Dist.)) |
Employee brought a negligence action against employer for injuries suffered when administering medicine to an untamed horse. District Court granted summary judgment stating that the plaintiff was considered a "participant" under the Equine Act. Plaintiff appealed. Court of Appeals reversed and remanded the case stating that the Equine Act did not apply because the Act covered consumers, not employees. |
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