Results
Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
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Moreno v. Hughes | 157 F.Supp.3d 687 (E.D. Mich. Jan. 19, 2016) | 2016 WL 212932 | This § 1983 action arises from the shooting of Plaintiffs' dog by Defendant Ronald Hughes, a Michigan Department of Corrections Absconder Recovery Unit Investigator. Defendant shot Plaintiffs' dog after entering her house by mistake to execute a fugitive warrant. This proceeding concerns a Motion in Limine filed by defendant seeking an order that plaintiffs are not entitled to noneconomic losses for the pain and suffering they sustained as a result of Defendant shooting their dog. Defendant contends that damage to personal property (including dogs) is limited to market value only. In rejecting Defendant's argument, this court found that it is "beyond dispute" that compensatory damages under § 1983 may include noneconomic injuries. A Plaintiff's interests in § 1983 actions contain different policy considerations than in traditional negligence claims. In fact, the court stated that, "[p]rohibiting recovery for emotional damages stemming from the loss of, or harm to, an animal caused by a constitutional violation would conflict with the compensatory and deterrence aims of § 1983." Additionally, applying Michigan law on the issue of emotional damages for injury to an animal would create inconsistency in civil rights actions since other states allow such damages. The court found that the determination of both compensatory and punitive damages must be left to the fact finder for each case, including this one. Defendant's Motion in Limine was denied. | Case | |
AL - Veterinarian Issues - Professional Rules of Conduct | AL ADC 930-X-1-.10 | Ala. Admin. Code r. 930-X-1-.10 | The following regulations represent the rules for professional conduct expected from Alabama veterinarians, including grounds for disciplinary action. | Administrative | |
TN - Bovine - Chapter 21. Liability of Bovine Owners | T. C. A. § 44-21-101 - 104 | TN ST § 44-21-101 - 104 | This chapter operates similarly to equine activity liability laws and provides that a bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. The section also requires the posting of warning signs alerting visitors to bovine activities that the owner or operator is not liable. | Statute | |
NJ - Disaster - Article 6. Emergency Powers of Governor | N. J. S. A. App. A:9-43.1 - 2 | NJ ST App. A:9-43.1 | In New Jersey, the State Office of Emergency Management, and each county and municipality, is directed to adopt a emergency operations plans that include provisions to support the needs of animals and individuals with an animal under their care, including a service animal, in a major disaster or emergency. | Statute | |
CO - Eggs - Article 21. Pt. 2. Confinement of Egg Laying Hens | C.R.S.A. § 35-21-201 - 209 | This section of Colorado law regulates the confinement of egg-laying hens in the state. Under these laws, egg-laying hens must be confined in conditions that allow them at least one square foot of usable floor space. Certain exceptions apply, such as for slaughter or veterinary purposes. Violators of these laws may be subjected to a civil penalty of no more than one thousand dollars. | Statute | ||
State v. Murphy | 10 A.3d 697 (Me.,2010) | 2010 ME 140; 2010 WL 5353130 (Me.) |
Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations. |
Case | |
NC - Ecoterrorism - § 99A-1. Recovery of Damages for Exceeding the Scope of Authorized Access to Property | N.C.G.S.A. § 99A-1, 2 | NC ST § 99A-1, 2 | This law is known as North Carolina’s Property Protection Act and is what many consider to be a new variation of ag-gag law. § 99A-2 imposes a civil punishment for “exceeding the scope of authorized access to property.” A person exceeds access to authority by intentionally gaining access to the non-public areas of another’s premises and removing (and subsequently distributing) documents, recording images or sounds, placing a camera on the premises, conspiring in organized retail theft, or interfering with property. The punishment for violation of the Property Protection Act can result in equitable relief, compensatory damages, costs and fees, and exemplary damages of $5,000 per day that a defendant has acted in violation. The law is effective January 1, 2016. | Statute | |
OR - Exotic Pets - Chapter 609. Animal Control; Exotic Animals; Dealers. | O. R. S. § 609.205 - 355 | OR ST § 609.205 - 355 | These Oregon laws concern the regulation of exotic pets in the state. An "exotic animal" for purposes of the section means a member of the family Felidae not indigenous to Oregon (except the domestic cat), any nonhuman primate, any nonwolf member of the family Canidae not indigenous to Oregon (except the domestic dog), any bear except the black bear, and any member of the order Crocodylia. A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to the effective date of this 2009 Act. | Statute | |
MO - Ordinances - Chapter 77. Third Class Cities | V. A. M. S. 77.590, 79.110, 80.090, 82.300 | MO ST 77.590, 79.110, 80.090, 82.300 | This set of statutes authorizes municipal governments to regulate animals and animal-related nuisances. | Statute | |
Night monkeys in a cage is soiled with feces | Slideshow Images |