Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| WY - Initiative - Right to Hunt, Fish and Trap, Amendment B | Amendment B (2012) | The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012. | Statute | ||
| EU - Fur - Regulation (EC) No 1523/2007 (dog and cat fur ban) | Regulation (EC) No 1523/2007 | Statute | |||
| KS - Rabies - 9-18-5 Importing dogs and cats. | K.A.R. 9-18-5 | KS ADC 9-18-5 | This Kansas regulation states that dogs and cats shall not be imported into Kansas unless accompanied by a certificate of veterinary inspection issued by a licensed veterinarian and vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies. | Administrative | |
| Warren v. Commonwealth | 822 S.E.2d 395 (Va. Ct. App., 2019) | 69 Va. App. 659, 2019 WL 189386 (Va. Ct. App., 2019) | Warren, the defendant in this case, videotaped on his cell phone sexual encounters he had with K.H. and her dog. The videos showed the dog's tongue penetrating K.H.'s vagina while K.H. performed oral sex on Warren. In March of 2017, Deputy Sheriff Adam Reynolds spoke to Warren about an unrelated matter. Warren asked if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Reynolds contacted Investigator Janet Sergeant and they obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code § 18.2-361(A), which criminalizes soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal," is facially unconstitutional and unconstitutional as applied to him. "He argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults." The trial court denied Warren's motion to dismiss. The trial court convicted Warren of the charged offense. Warren appealed again challenging the constitutionality of the offense and that it violated his due process rights. Warren relied on a Supreme Court case, Lawrence v. Texas, which held that two adults engaging in consensual homosexual sexual practices was protected by the due process clause. He argued that the reasoning of Lawrence applies with equal force to his case. The Court of Appeals reasoned that although Code § 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. "If Lawrence, which involved a prohibition on same-sex sodomy, did not facially invalidate the anti-sodomy provision of then Code § 18.2-361(A), it defies logic that it facially invalidates the bestiality portion of the statute that existed before the 2014 amendment and is all that remains after that amendment." Even though Warren claims his right as "the right of adults to engage in consensual private conduct without intervention of the government," the court concluded that the right he is actually asserting is the right to engage in bestiality. Code § 18.2-361(A) "does not place any limitation on the rights of consenting adults to engage in private, consensual, noncommercial, sexual acts with each other." The only act it prohibits is sexual conduct with a brute animal. Therefore, the only right the statute could possibly infringe on wold be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court of Appeals held that the General Assembly's prohibition of bestiality does not violate the Due Process Clause of the Constitution. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court. | Case | |
| Reams v. Irvin | Not Reported in F.Supp.2d, 2008 WL 906005 (N.D.Ga.) | 2008 U.S. Dist. LEXIS 25350 |
The plaintiff brought a 42 U.S.C 1983 action against police officers she claimed violated her civil rights under the Due Process Clause, the Equal Protection Clause, and the Fourth Amendment to the United States Constitution when they impounded 46 of her horses on suspicion of animal abuse. Upon a summary judgement motion by the defendants, the court dismissed all of the plaintiff's claims. Responding to the Fourth Amendment claim in particular, the court held that an old dairy barn, which was being used to hide dead horses, was neither within the curtilage of the home nor protected by the Fourth Amendment. After applying the Dunn factors, the court determined that the barns distance of 150 yards from the dwelling on the farm, its use for the commercial production of dairy products, its lacks of enclosure, and its missing doors all militated against it being part of the curtilage of the home and it did not enjoy Fourth Amendment privacy protection. |
Case | |
| Michigan Compiled Laws 1929: Chapter 285: Section 1 | Mich. Comp. Laws ch. 285, § 1 (1929) | Chapter 285, entitled "An act for the more effectual prevention of cruelty to animals," concerns Michigan's Law about the treatment of animals from 1929. The act covers what qualifies as cruelty to animals and what is the punishment for crime of cruelty to animals. | Statute | ||
| WA - Ordinances - 16.10.040. Dog control zones--Regulations--License fees, collection, disposition | West's RCWA 16.10.040 | WA ST 16.10.040 | This Washington statute provides that the county commissioners shall by ordinance promulgate the regulations to be enforced within a dog control zone. These shall include provisions for the control of unlicensed dogs and the establishment of license fees. | Statute | |
| U.S. ex rel. Haight v. Catholic Healthcare West | 602 F.3d 949 (9th Cir., 2010) | 10 Cal. Daily Op. Serv. 4932 |
The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants under the False Claims Act. In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to create a process for implanting gliomas in the brains of beagles. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false. |
Case | |
| Animal Law Volume 13 Part 2 Index |
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Policy | |||
| “ASOCIACIÓN DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS C/ GCBA S/ AMPARO” | Orangutana Sandra-Sentencia de Cámara- Sala I del Fuero Contencioso Administrativo y Tributario CABA | Courtroom I of the Chamber of Appeals in Contentious Administrative and Tax Matters of the City of Buenos Aires ruled that the technical reports presented by the experts for the improvement of the orangutan Sandra’s living conditions showed enough evidence to conclude that it was not in the best interest of the orangutan to transfer her to a sanctuary or to transfer her to her natural habitat. Thus, the court accepted and ordered a series of measures in order to guarantee her welfare conditions. | Case |