Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Dias v. City and County of Denver | 567 F.3d 1169 (C.A.10 (Colo.),2009) | 2009 WL 1490359 (C.A.10 (Colo.)) |
The Tenth Circuit took up a challenge to Denver's breed-specific ban against pitbull dogs. The plaintiffs, former residents of Denver, contended the ban is unconstitutionally vague on its face and deprives them of substantive due process. The district court dismissed both claims under Federal Rule of Civil Procedure 12(b)(6) before plaintiffs presented evidence to support their claims. On appeal, the plaintiffs argue that the district court erred by prematurely dismissing the case at the 12(b)(6) stage. The Tenth Circuit agreed in part, finding that while the plaintiffs lack standing to seek prospective relief for either claim because they have not shown a credible threat of future prosecution, taking the factual allegations in the complaint as true the plaintiffs have plausibly alleged that the pit bull ban is not rationally related to a legitimate government interest. |
Case |
| New Hampshire Ins. Co. v. Farmer Boy AG, Inc. | Not Reported in F.Supp.2d, 2000 WL 33125128 (S.D.Ind.) |
Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows. |
Case | |
| WI - Domestic Violence - 813.12. Domestic abuse restraining orders and injunctions | Wis. Stat. Ann. § 813.12, 813.122, 813.123 | W. S. A. 813.12, 813.122, 813.123 | These Wisconsin statutes concern restraining orders or injunctions in domestic abuse cases, child abuse cases, and cases filed by "individuals as risk." In each of these laws, there are protections for “household pets,” defined as domestic animals that are not farm animals, as defined in s. 951.01(3), that are kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner. In both cases of domestic abuse and child abuse, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet, to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet, or any combination of these remedies requested in the petition. The domestic abuse and child abuse laws then outline the procedures for obtaining an injunction that includes those protections for domestic pets if requirements are met under the laws. In section 813.123, an "individual at risk," may also seek a TRO and injunction that orders the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet and allow the individual at risk or a guardian, guardian ad litem, family member, or household member of the individual at risk acting on his or her behalf to retrieve a household pet. | Statute |
| ME - Exotic Pets - Chapter 723. Facility Licenses. | 7 M. R. S. A. § 3931-B (§ 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011) | REPEALED: This Maine statute outlines the requirements that apply to wolf hybrid kennels. A person who operates a wolf hybrid kennel must register with the department. The offspring of a wolf hybrid must be permanently identified prior to transferring ownership or care of the animal. Failure to comply with the provisions of this section results in a civil violation with a forfeiture not to exceed $1,000. (For other exotic pet laws in Maine, see Chapter 730-A. Breeding, Sale and Transportation of Small Mammals). | Statute | |
| FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws | West's F. S. A. § 828.01 - 828.43; West's F. S. A. § 768.139 | FL ST 828.01 - 828.43; FL ST § 768.139; FL ST § 843.19 | This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting. | Statute |
| Housing Authority of the City of New London v. Tarrant | 1997 WL 30320 (Conn. 1997) |
A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required. |
Case | |
| TX - Service animals - § 434.029. Service Dog Pilot Program for Certain Veterans | V.T.C.A., Government Code § 434.029 | TX GOVT § 434.029 | The commission by rule shall establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. | Statute |
| Friends of Animals v. Ashe | 808 F.3d 900 (D.C. Cir. 2015) | 2015 WL 9286948 (D.C. Cir. Dec. 22, 2015) | Friends of Animals, a non-profit animal advocacy organization, filed suit against the U.S. Fish & Wildlife Service ("the Service") in 2013, after the Service issued no initial or final determinations for 39 species of sturgeon the organization petitioned as endangered or threatened. The Endangered Species Act (ESA) requires that the Service must make a determination within 90 days for an initial determination or 12 months for a final determination after a petition is received from an interested party. However, there is also a provision in the ESA that the plaintiff must give the Service 60-days notice before filing suit. The District Court held that Friends of Animals did not give the Service adequate notice before filing suit and dismissed the complaint. On appeal, this court agreed, finding that Friends of Animals "did not wait until after the issuance of the positive initial determinations to provide 60 days' notice of the allegedly overdue final determinations." In dicta, the Court noted that "[t]he Service's approach may not be the most efficient," but the deadlines are mandatory in the statutes. Thus, its suit to compel the final determination on the listings was barred and the judgment of the District Court was affirmed. | Case |
| IN - Dog - Consolidated Dog Laws | I.C. 15-17-6-1 - 14; 25-38.1-4-8 ; 15-20-2-1 - 7; 15-17-21-1; 6-9-39-1 - 9; 35-46-3-15; 15-20-3-1 - 4; 14-22-11-1; 14-8-2-89 | IN ST 15-17-6-1 - 14; 25-38.1-4-8 ; 15-20-2-1 - 7; 6-9-39-1 - 9; 35-46-3-15; 15-20-3-1 - 4 ; 14-22-11-1; 14-8-2-89; 15-17-21-1 | These Indiana statutes comprise the state's dog laws. Included are provisions on rabies, liability of owners for dog bites or damage to livestock, and taxation and registration laws, among others. | Statute |
| CO - Dangerous Dog- Article 9. Offenses Against Public Peace, Order, and Decency. | C. R. S. A. § 18-9-204.5; C. R. S. A. § 35-42-115 | CO ST § 18-9-204.5; CO ST § 35-42-115 | This Colorado statute defines a "dangerous dog" as one that has inflicted bodily or serious bodily injury upon or has caused the death of a person or domestic animal; or has demonstrated tendencies that would cause a reasonable person to believe that the dog may inflict injury upon or cause the death of any person or domestic animal; or has engaged in or been trained for animal fighting as described by statute. Owners found guilty under the provisions will be subject to misdemeanor penalties if their dogs cause bodily injury or felonies if their dogs cause the death of a person. Section 35-42-115 mandates that the bureau create a a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs. | Statute |