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Title Citation Alternate Citation Summary Type
Fallini v. Hodel 783 F.2d 1343 (9th Cir. 1986)

The Wild and Free-Roaming Horse Act does not require that wild horses be prevented from straying onto private land, only that they be removed if they do stray onto private land.  

Case
Barber v. Pennsylvania Dept. Agriculture Slip Copy, 2010 WL 1816760 (W.D.Pa.)

The plaintiffs in this Pennsylvania case are owners and operators of a non-profit animal rescue and kennel that houses housing about 500 dogs doing business in and throughout Fayette County, Pennsylvania. The current dispute stems from a series of inspections of the kennels that occurred throughout the 2007 calendar year. Plaintiffs allege that defendants conspired in violation of 42 U.S.C. § 1985, and that the PSPCA and the Bureau of Dog Law Enforcement (the inspection branch of the Dept. of Agriculture) failed to take reasonable steps to protect them from the conspiratorial activity in violation of 42 U.S .C. § 1986. Plaintiffs also state that the PSPCA and the Bureau violated various of their constitutional rights in contravention of 42 U.S.C. § 1983. The Plaintiffs also seek to hold the Defendants liable for malicious prosecution under 42 U.S .C. § 1983. Finally, other counts allege that Defendant Delenick sexually harassed Plaintiff Rachel Lappe-Biler in violation of 42 U.S.C. § 1983; that plaintiff Pauline Gladys Bryner-Lappe was assaulted and battered in contravention of 42 U.S.C. § 1983 and the Fourth Amendment; and that the defendants intentionally inflicted emotional distress. Defendants filed a motion to dismiss all claims.

Case
Animal Law Index Volume 18, Part 2

Animal Law Review Volume 18, Issue 2 (Spring 2012)

 

Policy
MS - Slaughter - Chapter 35. Meat Inspection Miss. Code Ann. § 75-35-1 to 75-35-327 MS ST § 75-35-1 to 75-35-327

These Mississippi statutes regulate meat products, animal slaughter, inspection and branding. Animals to be slaughtered must examined and slaughtered humanely, which means being “rendered insensible to pain... before being shackled, hoisted, thrown, cast or cut.” Meat and meat products must be labeled “Mississippi inspected and passed.” Any violation of the provisions may result in imprisonment and/or a fine.

Statute
IL - Ordinances - 5/3. Appointment of administrator; 510 I.L.C.S. 5/3 IL ST CH 510 § 5/3 This Illinois statute provides that the County Board Chairman with the consent of the County Board shall appoint an Administrator who may appoint as many Animal Control Wardens to aid him or her as authorized by the Board. The Board is authorized by ordinance to require the registration and microchipping of dogs and cats and shall impose an individual animal and litter registration fee. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by the Board. Statute
Nichols v. Lowe's Home Center, Inc. 407 F.Supp.2d 979 (S.D.Ill.,2006)

A customer brought an action against Lowe's home improvement store to recover for injury sustained when a "wild bird" flew into the back of her head while she was shopping in the gardening area.  The plaintiff argued that the defendant did not exercise reasonable care in making the premises safe and that the defendant did not warn customers that the birds were a dangerous condition on the premises.  In granting the owner's motion for summary judgment, the court held that the store owner did not owe customer a duty under Illinois law to protect her from wild bird attack since attack was not reasonably foreseeable.  Further, the store owner was not the "owner" or "keeper" of a "wild bird" within meaning of Illinois Animal Control Act.

Case
Janush v. Charities Housing Development Corp. 169 F.Supp.2d 1133 (N.D. Ca., 2000)

Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.

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

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