Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Gonzales v. Kissner | 24 So.3d 214 ((La.App. 1 Cir.,2009) | 2009 WL 3029621 (La.App. 1 Cir.), 2008-2154 (La.App. 1 Cir. 9/11/09) |
This Louisiana case concerns an action for personal injuries sustained by an animal control officer who was mauled about the head and neck by defendants' dog while investigating a complaint of an attack by the dog from the previous day. The dog's owners argued on appeal that the trial court failed to apply the Professional Rescuer's Doctrine, sometimes referred to as the “fireman's rule." Because under the facts here, where the dog had previously escaped after being confined in the house and the defendants failed to properly lock the house and/or restrain the dog, the court did not find that Ms. Gonzales' recovery for injuries was barred by the Professional Rescuer's Doctrine. The court held that based upon the record before this court, there was no error on the part of the trial court that warranted reversal of the plaintiff's motion for a partial summary judgment as to the liability of the dog's owners. |
Case | |
| NV - Lien - 108.540. Lien upon animals; priority; demand for payment; foreclosure; penalty for taking or driving away animal | N.R.S. 108.540 | Any person furnishing feed, pasture or otherwise boarding any animal(s), at the request or with the consent of the owner, has a lien upon the animal(s), and may retain possession thereof until the sum due for the feed, pasture or board has been paid. Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered or certified letter to the owner of the animal(s), at the owner's last known address, demanding payment. Any person who takes and drives away any such animal(s), while in the possession of the person feeding, pasturing or boarding them, without the consent of that person, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor. | Statute | ||
| PA - Disaster - State Emergency Managment Plan | Emergency Support Function #11 - Agriculture and Natural Resources Annex (2019) | The Pennsylvania Emergency Management Agency (PEMA) is the agency in charge of emergency response in the state. The issue of animals in disaster are dealt with in Emergency Support Function #11 - Agriculture and Natural Resources Annex (2021). | Administrative | ||
| MI - Dogs - Consolidated Dog Laws | M.C.L. 287.261 - 395; 317.63; 324.73101 - 73110; 324.42101 - 42106 | MI ST 287.261 - 395; 317.63; 324.73101 - 73110; 324.42101 - 42106 | The regulation of dogs and cats in Michigan implicates three major issues: licensing and registration of dogs; the regulation of animal control facilities and pet shops; and the ever-present concern of dog bites. The primary statutory vehicle that regulates the licensing requirements for dogs is the The Dog Law of 1919. Under the dog law, it is unlawful for any person to own a dog six months or older unless the dog is licensed. MCL Sec. 287.262. It is also unlawful for a person to own a dog six months or older that does not wear a collar and tag at all times, except when engaged in hunting activities accompanied by his or her owner. MCL Sec. 287.262. A female dog that is in heat may not go beyond her owner's premises unless properly held on a leash under this section. | Statute | |
| United States v. 144,774 Pounds Of Blue King Crab | 410 F.3d 1131 (9th Cir. Wash., 2005) | 2005 WL 1355511 (9th Cir. Wash.) |
An importer of 144,774 pounds of cooked, frozen blue king crab was charged with violating the Lacey Act for taking the crab in violation of Russian fishing regulations. The crab is subject to forfeiture under the Lacey Act on a strict liability basis, but the importer asserted an "innocent owner" defense. The trial court denied the owner's defense and the Court of Appeals affirmed, reasoning if the crab was illegally taken under Russian law then it is considered contraband for Lacey Act purposes regardless of its status under U.S. law. |
Case | |
| McBride v. Orr | 466 A.2d 952 (N.H., 1983) | 124 N.H. 66, 42 A.L.R.4th 835 (N.H. 1983) |
In this New Hampshire case, defendant animal control officer killed plaintiff’s dog believing that it was in pursuit of a deer. Defendant claimed immunity pursuant to a state statute. The Court reversed and remanded for a determination of damages for the plaintiff. The Court went on to state that the purpose of the statute was not to authorize defendant’s killing of plaintiff’s dog when the dog was no longer pursuing the deer. |
Case | |
| Morgan v. State | 656 S.E.2d 857(Ga.App., 2008) | 2008 WL 142325 (Ga.App.), 289 Ga.App. 209 (2008) |
Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff. Defendant was convicted in a jury trial of cruelty to animals. He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property. The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be. |
Case | |
| OK - Disaster - Care and Disposition of Disaster Animals Act | 4 Okl. St. Ann. § 701 - 707 | These statutes compose the Care and Disposition of Disaster Animals Act of Oklahoma. The Act describes where animals who are rescued from a disaster area should be held, how long the animals should be held for their owners, and also restricts disaster animals from being removed from the state. The statute also describes the penalties for knowingly removing disaster animals from the state including a civil fine of up to One Thousand Dollars ($1,000.00) per offense. | Statute | ||
| ME - Hunting, Internet - § 12101. License to operate commercial shooting area | 12 M. R. S. A. § 12101 | Me. Rev. Stat. tit. 12, § 12101 | Subsection 1-C prohibits hunting via the Internet and the operation of Internet hunting services located within the state of Maine. A person who violates this section commits a Class E crime. | Statute | |
| LA - Cruelty - Consolidated Cruelty Statutes | LSA-R.S. 3:2361 - 2367; LSA-R.S. 14:102 - .29 | These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care. | Statute |