Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| AKERS v. SELLERS | 54 N.E.2d 779 (Ind.App.1944) | 114 Ind.App. 660 (1944) |
This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.
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Case | |
| IN RE: JAMES AND JULIA STUEKERJUERGEN, D/B/A CORNER VIEW KENNELS. | 44 Agric. Dec. 186 (1985) | 1985 WL 62918 (U.S.D.A.) | Dog broker shipping dogs under 8 weeks old was assessed civil penalty of $7,000 and license as dealer under Animal Welfare Act was suspended for 35 days, since broker was one of largest dog brokers in state, 8-week minimum age requirement was based on finding that ability of dogs to function in adult environment was adversely affected if shipped under that age, violations were serious and flagrant in view of large number of puppies shipped on 10 different occasions during 2-month period, and broker had violated Act and standards on prior occasion resulting in 12 day license suspension. | Case | |
| Big Cats of Serenity Springs, Inc. v. Rhodes | 842 F.3d 1280 (D.C. Cir. 2016) | 2016 WL 7187301 |
Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. The United States District Court for the District of Colorado, granted APHIS's motion to dismiss in part and denied in part. APHIS appealed. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim; (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures; and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity; but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim. |
Case | |
| Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc. | 78 F.Supp.2d 1028 (D.N.D. 2011) | 42 NDLR P 280, 66 A.L.R. Fed. 2d 687 | Plaintiffs bring this action against Goldmark Property Management alleging discrimination on the basis of disability in violation of the Fair Housing Act. The alleged discriminatory policy is a mandatory application fee, non-refundable deposit, and monthly charge that Goldmark imposes on tenants with disabilities who reside with a non-specially trained assistance animal (i.e. a companion pet). These same fees are waived for tenants with disabilities who reside with a trained assistance animal (i.e. a seeing eye dog). The FHA encompasses all types of assistance animals regardless of training; therefore, Goldmark's policy implicates the FHA. Further, Plaintiffs have met their burden of establishing a prima face case of discrimination and have presented sufficient evidence to create genuine issues for trial on the questions of the necessity and reasonableness of the requested accommodation and whether Goldmark's alleged objective for the policy is permissible under the FHA and not pretextual. Therefore, Goldmark's motion for summary judgment is granted in part and denied in part. It is granted as to Plaintiffs' claim of disparate treatment because no proof was offered of a discriminatory intent. It is denied as to Plaintiffs' claims of disparate impact and failure to make a reasonable accommodation. | Case | |
| MN - Dogs, license - 347.14. Unlicensed dogs | M. S. A. § 347.14 | MN ST § 347.14 | This Minnesota statute, amended in 2006, provides that any person may seize, impound, or restrain any unlicensed dog which the person may find running at large. The fact that a dog is without a license attached to a collar shall be presumptive evidence that the dog is unlicensed. An officer is under a duty to seize and impound such animal. | Statute | |
| HI - Dog Bite - CHAPTER 663. TORT ACTIONS. | H R S § 663-9 - § 663-9.1 | HI ST § 663-9 - § 663-9.1 | This statute represents Hawaii's relevant dog bite law. Under the statute, an owner or harborer of an animal is strictly liable for personal or property damage to any person, regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. | Statute | |
| Kennedy v. Byas | 867 So.2d 1195 (D. Fla. 2004) | 29 Fla. L. Weekly D564, 2004 WL 393239 (D. Fla.) |
Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court. He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant. The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount. Petition denied.. |
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| Authorities confiscate night monkeys from FUCEP | Slideshow Images | ||||
| US - AWA - Subpart E. Marine Mammal Regulations | 9 C.F.R. § 3.100 to .118 | This subpart concerns the Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals. | Administrative | ||
| TX - Animal Regulation - § 215.026. Animals at Large | V.T.C.A., Local Government Code § 215.026 | Tex. Loc. Gov't Code Ann. § 215.026 (West) | This statute gives municipalities in the state of Texas to establish and regulate pounds and the running at large of horses, mules, cattle, sheep, swine or goats. The statute also allows municipalities to handle the capture, impounding, and sale of any animal at large that is in violation of this statute. Municipalities may also impose penalties on the owner of the animal that is in violation of the statute. | Statute |