Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Hayes v. State | 518 S.W.3d 585 (Tex. App. 2017) | 2017 WL 1193845 (Tex. App. Mar. 31, 2017) | Defendant appeals an order with the Henderson County Sheriff's Office to destroy his dogs under Chapter 822 of the Texas Health and Safety Code. More specifically, defendant claims reversible error after he was denied a jury trial. Defendant's three dogs were seized after they attacked an individual riding a bicycle in front of defendant's residence. After a hearing, the dogs were found to be dangerous pursuant to Section 822.041 related to dogs causing serious bodily injury to a person. The judge then ordered the dogs to be humanely destroyed. Hayes appealed the order and requested a jury trial, which was objected to by the Henderson County Attorney's Office and sustained by the court. The dogs were found to be dangerous at a bench trial and ordered humanely euthanized, while defendant was ordered to pay $2,780 to the county. On appeal, defendant argues the county court erred in removing his case from the jury trial docket. The court now considers two questions: "(1) whether the owner of a dog ordered to be humanely destroyed by a justice, county, or municipal court judge, pursuant to Chapter 822, subchapter A, of the Texas Health and Safety Code, has the right to appeal such order; and (2) if an appeal is allowed, whether a jury can be requested to hear the de novo appeal." The court here declined to adopt the state's interpretation that the statute's silence as to a right of appeal indicates that the legislature eliminated that right. In fact, the court observed Subchapter A of Chapter 822 dealing with less serious "dangerous dogs," allows a party to appeal a dangerous dog finding. The court found it would be inconsistent that the more severe Subchapter D denies an appeal of right where the less severe subchapter grants it, especially where a forfeiture of property occurs (i.e., dogs). As to the right to jury trial, the court found Chapter 822 silent on that issue. However, the court found the order for seizure and destruction of defendant's "special personal property" guaranteed him a trial by jury under Article I of the Texas Constitution. The trial court's Final Order was reversed and the case was remanded to county court. | Case | |
| IE - Cruelty - Protection of Animals, 1911 | Protection of Animals Act, 1911 | This Ireland law makes it illegal for a person to cause any animal “unnecessary suffering.” The act outlines all of the ways a person can be guilty of causing an animal harm including: beating, kicking, over-loading, torturing, and poisoning. If a person is found guilty under the act, the court has the power to take ownership of the animal and order the guilty party to pay any damages that resulted from the harm. | Statute | ||
| LA - Hunting, Trapping, and Fishing - Chapter 1. General Provisions for Wildlife and Fisheries. | LSA-R.S. 56:648 - 56:648.3 | This section comprises Louisiana's hunter harassment laws. Under R.S. 56:648.1, no person may engage in such activities as interfering with the lawful taking of wildlife, disturbing a wild animal or otherwise affecting its behavior with the intent to prevent or hinder lawful taking, disturb any hunter, trapper, or fisherman who is engaged in lawful taking, or enter or remain on state-managed lands/water or private lands/water with the intent to violate this section. Violation of the provisions of R.S. 56:648.1 constitutes a class two violation. The section allows the issuance of an injunction and recovery of actual damages by persons affected by such conduct. | Statute | ||
| DE - Trust for care of an animal - Chapter 35. Trusts | 12 Del.C. § 3555 | DE ST TI 12 § 3555 | Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. | Statute | |
| New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture | 2007 WL 486764 (N.J.Super.A.D.,2007) | Not Reported in A.2d |
This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture. Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008). |
Case | |
| Abundant Animal Care, LLC v. Gray | 316 Ga.App. 193 (Ga.App. 2012) | 2012 WL 2125842 (Ga.App.) |
While either shadowing her aunt or during her first day working at the veterinary clinic, the plaintiff was bitten three times by a dog she had taken outside to exercise. Plaintiff subsequently filed numerous claims against the veterinary clinic, including: negligence; negligence per se; nuisance; and violation of a premise liability and a dangerous dog statute. After the lower court denied defendant's motion for summary judgment, the defendant appealed to the Georgia appellate court. The appeals court stated that in a dog bite case, the plaintiff needed to produce evidence that the dog had a vicious propensity. Since the plaintiff failed to produce such evidence, the court held the defendant should have been granted a motion for summary judgment on its premise liability, nuisance, dangerous dog statute, and negligence per se claims. As for the negligence claim, the court held the defendant should have been granted a motion for summary judgment because the plaintiff was not aware of internal procedures to protect invitees and because the injuries were not proximately caused by negligent supervision. The lower court's judgment was therefore reversed. |
Case | |
| Constitución Política de la Ciudad de México | Constitución Política de la Ciudad de México | The Constitution, adopted in 2017, is the most recently enacted in the nation. It places a strong emphasis on human rights and also acknowledges animals as sentient beings. Specifically, Article 13(b) explicitly recognizes animals as sentient beings and mandates their dignified treatment. This article not only imposes a moral obligation, but also a legal duty to uphold the life and well-being of animals. Under this provision, authorities are tasked with ensuring the protection, well-being, and the dignified and respectful treatment of animals. | Statute | ||
| TX - Police - Nonlethal responses to dog encounters | V.T.C.A., Occupations Code §§ 1701.253; 1701.261; 1701.402 | TX OCC §§ 1701.253; 1701.261; 1701.402 | These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs. As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261.That section states that the commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses the handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters. | Statute | |
| US - Marine Mammals, Endangered - Establishment of Species of Concern List, Addition of Species to Species of Concern List, Desc | 2004 WL 791908 (F.R.) | FR Doc. 04-8593 |
NMFS establishes a species of concern list, places 45 species on this list, describes the factors it will consider when identifying species of concern, and revises the candidate species list. NMFS also solicits information and comments concerning the status of, research and stewardship opportunities for, and the factors for identifying species of concern. |
Administrative | |
| IA - Cruelty - Chapter 717. Injury to Livestock | I. C. A. § 717.1 - .7 | IA ST § 717.1 - 717.7 | Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994. These sections deal exclusively with livestock and exempt practices consistent with customary farming practices. | Statute |