Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| U.S. v. Hackman | 630 F.3d 1078 (8th Cir. 2011) | Defendants appealed sentences arising out of a Missouri-based dog-fighting conspiracy. Each man pleaded guilty to conspiring to engage in animal fighting ventures in violation of 18 U.S.C. § 371, and one Defendant additionally pleaded guilty to engaging in animal fighting ventures in violation of 7 U.S.C. § 2156. When sentencing each defendant, the district court applied an upward departure provision found in the application notes to United States Sentencing Guidelines (USSG or Guidelines). Each appellant argued that his relevant conduct was not sufficiently cruel to warrant the upward departure. The 8th Circuit found, however, that the district court had properly considered conduct that was legally relevant to Defendants' sentencing under the Guidelines. The court also found that Defendants' conduct amounted to more than just possessing fighting pit bulls. Defendants bred, raised, trained, sold, and fought them knowing that the dogs would be allowed, if not required, to fight until severely injured or dead. Thus, the ordinary cruelty inherent in dog fighting justifies base offense level, while the extraordinary cruelty of Defendants' crimes separately justified the upward departure. The district court's judgment was affirmed. | Case | ||
| MT - Endangered Species - Chapter 5. Wildlife Protection. | MCA 87-5-101 to 87-5-132 | MT ST 87-5-101 to 87-5-132 | These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. | Statute | |
| US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. | 24 C.F.R. § 100.201 - 205 | These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act. | Administrative | ||
| IL - Dog Bite - Chapter 510. Animals | 510 ILCS 5/13 | IL ST CH 510 § 5/13 | This Illinois statute provides the health procedure for dog bites. When a state health administrator receives information that any person has been bitten by an animal, the administrator shall have such dog or other animal confined under the observation of a licensed veterinarian for a period of not less than 10 days. People with knowledge of dog bites are required to inform the administrator or his or her representative promptly. It is unlawful for the owner of the animal to euthanize, sell, give away, or otherwise dispose of any animal known to have bitten a person, until it is released by the administrator. | Statute | |
| 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 | |
| U.S. v. Gay-Lord | 799 F.2d 124 (4th Cir. 1986) |
Gay-Lord was found guilty of engaging in interstate commerce in striped bass (rockfish) in violation of regulations and statutes of the Commonwealth of Virginia after purchasing the fish from undercover FWS agents and later selling it to an interstate distributor. The Court held that conviction was proper despite undercover agents having transported fish from Virginia to trafficker's place of business in North Carolina. |
Case | ||
| SC - Endangered Species - Chapter 123 Department of Natural Resources | S.C. Code of Regulations R. 123-150 - 170 | SC ADC 123-150 to 170 | These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls. | Administrative | |
| Sanders v. Frank | 37 N.E.3d 1305 (Ohio App. 11 Dist. 2015) |
In this case, Heather Sanders filed suit against Joseph D. Frank after she suffered injuries as a result of rescuing Frank’s horses that were running at large. The lower court dismissed Sander’s complaint with prejudice and Sanders appealed. On appeal, Sanders asserted four main arguments: (1) the doctrine of contributory negligence and assumption of the risk should not be applied when defendant negligently violates a statute; (2) the rescue doctrine should preclude the assumption of the risk doctrine even though Sanders voluntarily assisted in the capture of the horses; (3) the trial court erred in applying the assumption of risk doctrine; and (4) the trial court erred by preventing recovery of damages. Ultimately, the court of appeals reviewed the case and affirmed the lower court’s decision to dismiss the complaint. The court found that all four of Sander’s arguments were without merit. The court held that although Frank had negligently violated a statute, allowing his horses to escape and run at large, Sanders voluntarily assisted in the capture of the horses and was not responding to any immediate emergency or threat to human life. Also, the court pointed out that Sanders had “assumed the risk” based on the fact that she had helped rescue Frank’s horses in the past. As a result, the lower court did not err in dismissing Sander’s claim based on contributory negligence and the assumption of the risk doctrine. |
Case | ||
| TN - Vehicle - § 29-34-209. Forcible entry of a motor vehicle for purposes of removing a minor or an animal | T. C. A. § 29-34-209 | TN ST § 29–34–209 | This statute grants a person who forcibly breaks into a motor vehicle to save a minor or animal immunity from civil liability. | Statute | |
| MI - Habitat Protection - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.30101 - 301113 | MI ST 324.30101 - 301113 | These sections describe the necessity and process of obtaining a permit to build a marina, canal or any other project that affects any inland lake, stream or bottomland. | Statute |