Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| People v. Collier | --- N.E.3d ----, 2020 IL App (1st) 162519 | Chicago police officers, while investigating reports of animal abuse, visited Samuel Collier’s place of residence and observed a dog chained up outside in 15-degree weather. On a second visit, the same dog was observed chained up outside in the cold. The dog happened to match the description of a dog that had been reported stolen in the neighborhood. Office Chausse executed a search warrant on Collier’s property and was welcomed by the smell of urine and feces. The house had feces everywhere. The house was also extremely cold with no running water. A total of four dogs were found that were kept in rooms without food or water. One of the dogs found was a bulldog that had been stolen from someone’s backyard. Collier was subsequently arrested. Collier was found guilty of one count of theft and four counts of cruel treatment of animals and was sentenced to two years in prison. Collier subsequently appealed. Collier argued that there was insufficient evidence to prove his guilt at trial because despite the photographs of his house the dogs were found to be in good health. The Court held that the poor conditions in which the dogs were kept along with the condition of the dogs and the premises was sufficient to prove that the dogs were abused or treated cruelly under Illinois law. Collier also attempted to argue that the charging instrument failed to adequately notify him of the offense he was charged with. The Court found no merit in this argument. Lastly, Collier argued that the animal cruelty statute violated due process because it was unconstitutionally vague and potentially criminalized innocent conduct. The Court, however, stated that the statute did not capture innocent conduct, instead, it captured conduct that can be defined as cruel or abusive. Cruel and abusive conduct is clearly not innocent conduct. The statute sufficiently informed reasonable persons of the conduct that was prohibited. The Court ultimately affirmed the judgment of the trial court. | Case | ||
| US - Primate - Animal Welfare; Draft Policy on Environment Enhancement for Nonhuman Primates | Doc. No. 98-121-1 |
Under the Animal Welfare Act, our regulations require that dealers, exhibitors, and research facilities that maintain nonhuman primates develop and follow a plan for environment enhancement adequate to promote the psychological well-being of the nonhuman primates. We have developed a draft policy to clarify what we believe must be considered and included in the plan in order for dealers, exhibitors, and research facilities to adequately promote the psychological well-being of nonhuman primates. |
Administrative | ||
| OK - Veterinarian Issues - Professional Conduct | OK ADC 775:10-5-30 | Okla. Admin. Code 775:10-5-30 | The following acts and/or omissions shall be considered unprofessional conduct and shall constitute grounds for disciplinary action by the Oklahoma Board of Veterinary Medical Examiners. | Administrative | |
| AZ - Initiatives - Proposition 204 (inhumane confinement) | 2006 Arizona Proposition 204 | This comprises Proposition 204 also known as the Humane Treatment of Farm Animals Act. A "yes" vote shall have the effect of establishing misdemeanor fines and penalties for tethering or confining a pregnant pig or a calf raised for veal for all or a majority of the day in a manner that prevents the animal from lying down and fully extending its limbs or turning around freely but excepts transportation of the animal, rodeo and fair exhibitions, lawful slaughters, research, veterinary purposes and the seven day period before a pig's expected date of giving birth. The measure passed with 62% voting "yes." | Statute | ||
| Model National Animal Welfare Act - Spanish |
This is the spanish translation of the Model National Legislation. |
Statute | |||
| Jon H. Hammer v. The American Kennel Club and Brittany Club of America, a/k/a The American Brittany Club, Inc. |
Plaintiff, the owner of a Brittany Spaniel dog with an undocked tail, sought to enter his dog into AKC competitions. However, AKC standards stated that any tail substantially over four inches long would be "severely penalized." Plaintiff contended the practice of docking a dog’s tail (which oftentimes occurs without anesthesia or even under the proper care of a veterinarian) constituted an act of cruelty in violation of Agriculture and Markets Section 353 and was an arbitrary and capricious discriminatory standard. Plaintiff sought both declaratory relief declaring that the practice is illegal and discriminatory, and injunctive relief to enjoin the practice form being applied in New York and elsewhere. |
Pleading | |||
| Marino v. University of Florida | 107 So.3d 1231 (Fla.App. 1 Dist.,2013) | 2013 WL 673650 (Fla.App. 1 Dist.,2013) |
The petitioner in this Florida case sought records for 33 non-human primates whose captivity was documented by a USDA report. The University of Florida redacted certain portions of the records to obscure the physical housing location of the primates. The University contends that the information was confidential and exempt under Florida law as part of its "Security Plan." On appeal, this court first noted that under the Florida Public Records Act, all public documents are subject to public disclosure unless specifically legislatively exempted without considering public policy questions. The court reversed and remanded the case with instructions to release the records without redaction. |
Case | |
| Town of Bethlehem v. Acker | 102 A.3d 107 (Conn. App. 2014) | 153 Conn.App. 449 (2014) | Plaintiffs seized approximately 65 dogs from the Society for the Prevention of Cruelty to Animals of Connecticut pursuant to a search and seizure warrant that had been issued on facts showing that the dogs, which were being kept in an uninsulated barn with an average temperature of 30 degrees Fahrenheit, were neglected, in violation of General Statutes § 22–329a. The trial court found that the smaller breed dogs were neglected, but found that larger breed dogs were not. On an appeal by plaintiffs and a cross appeal by defendants, the appeals court found: (1) the trial court applied the correct legal standards and properly determined that the smaller breed dogs were neglected and that the larger breed dogs were not neglected, even though all dogs were kept in a barn with an average temperature of 30 degrees Fahrenheit; (2) § 22–329a was not unconstitutionally vague because a person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit would constitute neglect; (3) the trial court did not err in declining to admit the rebuttal testimony offered by the defendants; and (4) the trial court did not err in granting the plaintiffs' request for injunctive relief and properly transferred ownership of the smaller breed dogs to the town. The appellate court, however, reversed the judgment of the trial court only with respect to its dispositional order, which directed the parties to determine among themselves which dogs were smaller breed dogs and which dogs were larger breed dogs, and remanded the case for further proceedings, consistent with this opinion. | Case | |
| Brazil - Crimes - Brazilian Environmental Crimes Law | Law 9, 605 (Feb 12, 1998) |
This law of Brazil seeks to protect wildlife and plants of the country, particularly endangered species. |
Statute | ||
| MI - Grosee Pointe Woods - Breed - Sec. 6-94. - Vicious dogs and other vicious animals prohibited. | GROSSE POINTE WOODS, MI., MUNICIPAL CODE § 6-94 |
The municipal code of Grosse Pointe Woods, Michigan, makes it unlawful for any person to own, harbor or keep any pit bull terrier (as defined in the law including certain mixed breed dogs). Any dog determined to be a pit bull terrier by a court shall be destroyed or removed from the city. |
Local Ordinance |