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Title Citation Alternate Citation Agency Citation Summary Type
Szabla v. City of Brooklyn Park, MN 437 F.3d 1289 (8th Cir. 2006)

After an 8th Circuit decision to affirm the district court's summary judgment against Szabla and to reverse the district court’s grant of summary judgment for the City of Brooklyn Park, the City of Brooklyn Park filed a petition requesting a hearing en blanc. The 8th Circuit granted the petition, but limited the en blanc hearing to the issues raised in the city’s petition.  In all other respects, however, the Szabla v. City of Brooklyn Park, Mn., 429 F.3d 1168 (8th Cir. 2005) panel opinion and judgment were reinstated. Szabla v. City of Brooklyn Park, Minnesota, 486 F.3d 385 (8th Cir. 2007).

Case
QUATTROCCHIO WANDA S/ MALTRATO ANIMAL - Argentina QUATTROCCHIO WANDA S/ MALTRATO ANIMAL (Expte. Nº PEX 292565/21) This is an animal cruelty case in which Wanda Quattrochio witnessed the defendant whipping the neighbor's dogs. Wanda recorded the events and filed a complaint about animal cruelty. The defendant was in charge of caring for the dogs while their owner was away. When the authorities arrived at the house to seize the dogs, they found six dogs in small dirty kennels, with unclean water and without food. After considering the testimony of witnesses and other evidence, the judge concluded that the defendant had violated articles 1-3 of the anti-cruelty law (Ley 14.346) and was found guilty of animal cruelty. In her analysis of the case, the judge stated that animals were not things or resources but rather living beings with the potential to be "subjects of life." Case
Moreno v. Hughes 157 F.Supp.3d 687 (E.D. Mich. Jan. 19, 2016) 2016 WL 212932 This § 1983 action arises from the shooting of Plaintiffs' dog by Defendant Ronald Hughes, a Michigan Department of Corrections Absconder Recovery Unit Investigator. Defendant shot Plaintiffs' dog after entering her house by mistake to execute a fugitive warrant. This proceeding concerns a Motion in Limine filed by defendant seeking an order that plaintiffs are not entitled to noneconomic losses for the pain and suffering they sustained as a result of Defendant shooting their dog. Defendant contends that damage to personal property (including dogs) is limited to market value only. In rejecting Defendant's argument, this court found that it is "beyond dispute" that compensatory damages under § 1983 may include noneconomic injuries. A Plaintiff's interests in § 1983 actions contain different policy considerations than in traditional negligence claims. In fact, the court stated that, "[p]rohibiting recovery for emotional damages stemming from the loss of, or harm to, an animal caused by a constitutional violation would conflict with the compensatory and deterrence aims of § 1983." Additionally, applying Michigan law on the issue of emotional damages for injury to an animal would create inconsistency in civil rights actions since other states allow such damages. The court found that the determination of both compensatory and punitive damages must be left to the fact finder for each case, including this one. Defendant's Motion in Limine was denied. Case
AL - Veterinarian Issues - Professional Rules of Conduct AL ADC 930-X-1-.10 Ala. Admin. Code r. 930-X-1-.10 The following regulations represent the rules for professional conduct expected from Alabama veterinarians, including grounds for disciplinary action. Administrative
US - Wolf - Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment of the Gray Wolf; Fi 2005 WL 20189 (F.R.) FR Doc. 05-136

We, the U.S. Fish and Wildlife Service (Service) establish a rule for the nonessential experimental populations (NEPs) of the Western Distinct Population Segment (DPS) of the gray wolf (Canis lupus), so that in States and on Tribal reservations with Service-approved wolf management plans, we can better address the concerns of affected landowners and the impacts of a biologically recovered wolf population. In addition, States and Tribes with Service accepted wolf management plans can petition the Service for lead management authority for experimental wolves consistent with this rule.

Administrative
KS - Cruelty - Consolidated Cruelty and Animal Fighting Laws K. S. A. 21-6411 - 6418; 21-5504; 60-5401 KS ST 21-6411 - 6418; 21-5504; 60-5401 The Kansas anti-cruelty statutes define cruelty to animals as knowingly killing, injuring, maiming, torturing, burning or mutilating any animal. Also included as cruelty are abandoning any animal, failing to provide food, horse-tripping, and poisoning any domestic animal, unlawful disposition of animals, dog and cock-fighting. Cruelty to animals may be a misdemeanor or a felony. Exceptions are made for such things as veterinary practices, research experiments, rodeo and farming practices, euthanasia, and pest control. It is also illegal to allow a dangerous animal to run at large or to engage in sodomy with an animal. Statute
CT - Feral Cats - § 22-339d. Municipal control of feral cats C.G.S.A. § 22-339d CT ST § 22-339d This Connecticut statute permits municipalities to adopt ordinances requiring registration of feral cat "keepers," defined as anyone who harbors or regularly feeds a feral cat. If a municipality enacts such an ordinance, the ordinance must require the keeper to sterilize the cat and have it vaccinated against rabies. The statute also enables municipalities to adopt ordinances holding cat owners and keepers responsible if their cats cause significant property damage or severe health violations. Statute
City of Delray Beach v. St. Juste 989 So.2d 655 (Fla.App. 4 Dist. 2008) 2008 WL 2261598 (Fla.App. 4 Dist.), 33 Fla. L. Weekly D1456 In this Florida case, the city of Delray Beach appealed from a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. The plaintiff suggested that the city's failure to impound the dogs after prior numerous complaints contributed to the attack. The court concluded that decisions made by the city's animal control officer and police to not impound the dogs were discretionary decisions, and therefore the city was immune. Case
National Meat Ass'n v. Harris 32 S.Ct. 965 (2012) 2012 WL 171119 (U.S.)

Trade association representing packers and processors of swine livestock and pork products sued the State of California for declaratory and injunctive relief barring a ban on slaughter and inhumane handling of nonambulatory animals on federally regulated swine slaughterhouses. The Supreme Court held that the Federal Meat Inspection Act (FMIA) preempted the California Penal Code provision prohibiting the sale of meat or meat product of “nonambulatory” animals for human consumption and requiring immediate euthanization of nonambulatory animals.

Case
CO - Eggs - Article 21. Pt. 2. Confinement of Egg Laying Hens C.R.S.A. § 35-21-201 - 209 This section of Colorado law regulates the confinement of egg-laying hens in the state. Under these laws, egg-laying hens must be confined in conditions that allow them at least one square foot of usable floor space. Certain exceptions apply, such as for slaughter or veterinary purposes. Violators of these laws may be subjected to a civil penalty of no more than one thousand dollars. Statute

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