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Even before passage of this important new directive setting down minimum standards for the protection of calves, the use of veal crates for rearing calves had already been illegal in the EU (since 2006). The new directive, however, passed on December 18, 2008, fleshed out older one, establishing new welfare minimums under which veal could be raised. According to the new directive, veal calves may, when very young, be kept in individual pens, but must be able to turn around and to see and touch other calves through perforated walls. Once they are more than eight weeks old, veal calves must be reared in groups. To guard against the nutrient-deficient diet veal calves have long been fed on factory farms—and continue to be fed on farms in the United States—European calves must, at least twice a day, be fed a diet that meets basic health requirements to ensure their bodies develop normally.

Plaintiff Jody Fabrikant, who had recently placed an advertisement for the adoption of puppies, was in possession of fifteen animals, including fourteen dogs and one cat. Reacting to several complaints regarding the animals’ treatment, defendants, the Ulster County SPCA and employees, executed a search warrant resulting in Fabrikant's arrest and seizure of thirteen of her fifteen animals. Plaintiff subsequently asserted that her federal constitutional rights were violated during the course of her criminal prosecution for animal cruelty. With respect to all four federal claims, the United States District Court for the Northern District of New York granted defendants’ motions for summary judgment since the existence of probable cause (e.g., video recordings and photographs of the condition of the plaintiff’s home) insulated the defendants from liability for their decisions to seize Plaintiff's animals.