Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Kitchin ex rel. Kitchin v. Halifax County | 665 S.E.2d 760 (N.C.App.,2008) |
In this North Carolina case, defendant dog owners appealed from a decision of the County Board of Health that ruled their dog could not be returned home because of the dog's potential exposure to rabies as result of attacking a raccoon (the dog was scheduled for euthanization). After the Board denied the owners' appeal, they filed a complaint against county which contained motions for preliminary and permanent injunctions to prevent dog's quarantine and for class certification. The Court of Appeals held that the owners' appeal of Board's decision to quarantine dog was moot because dog had already been returned home. The action against the animal control officers was dismissed because the officers were shielded by governmental immunity. |
Case | ||
| Caribbean Conservation Corp., Inc. v. Florida Fish and Wildlife Conservation Com'n | 838 So.2d 492(Fla. 2003) | 28 Fla. L. Weekly S46, 28 Fla. L. Weekly S134 |
The petitioners' challenge is whether the Legislature can require the newly created Florida Fish and Wildlife Conservation Commission (FWCC) to comply with the requirements of the Administrative Procedure Act (APA), when adopting rules or regulations in respect to those species of marine life that are defined as endangered, threatened, or species of special concern. The petitioners are not-for-profit groups and individuals who allege several statutory sections unconstitutionally usurp the constitutional authority of the FWCC to regulate marine life. The FWCC and the Attorney General (respondents) disagree and argue that the Legislature can require the application of the APA and that the statutes that delineate power to the Department of Environmental Protection (DEP) are constitutional. The issue was whether the creation of the FWCC also gave it power to regulate endangered, threatened, and species of special concern or whether that power remained with the DEP. The court found that such power remained with the DEP regarding endangered and threatened species of marine life. However, it could discern no statutory basis in effect on March 1, 1998, for the DEP having regulatory or executive power in respect to a category of marine species designated "of special concern" so that portion of the challenged statutes was held unconstitutional. |
Case | |
| MN - Hospitals, nursing homes - § 144.573. Pets in certain institutions | M.S.A. § 144.573 | Minn. Stat. Ann. § 144.573 (West) | This Minnesota statute describes the level of care required for pets who live in institutional facilities with their owners. | Statute | |
| Schor v. N. Braddock Borough | 801 F. Supp. 2d 369 (W.D. Pa. 2011) | Sadie, a six (6) year old pit bull and family pet was shot and killed by the Defendant Officer Wittlinger. The Plaintiff, Sadie’s owner, filed a twelve count complaint alleging four § 1983 claims under federal law against all Defendants including the borough, police department, board of supervisors, police chief, and Officer Wittlinger. The remaining eight counts alleged claims solely against the officer. The Defendants' filed a partial motion to dismiss for failure to state a claim. The Court granted the dismissal of claims against the board, police chief, and officer in their official capacities. The court also dismissed the Plaintiff’s state negligence claims. However, the court did not dismiss claims brought against Police Chief Bazzone and Officer Wittlinger in their individual capacities. The court reasoned that the facts pled by the Plaintiff were sufficient to show that Chief Bazzone may have acted with deliberate indifference by not disciplining Officer Wittlinger after a prior dog shooting incident, and maintained a custom within the Police Department that it was proper to shoot a pet dog wandering the streets. The court also denied the motion to dismiss Plaintiff’s fourth amendment rights claim. The court reasoned that the facts pled by the Plaintiff were sufficient to state a claim for violation of her Fourth Amendment rights because the plaintiff had a possessory interest in her dog Sadie as “property” and the officer used excessive force while seizing the Plaintiff’s property. | Case | ||
| MN - Impound - Chapter 346. Animals | M. S. A. § 346.47 | MN ST § 346.47 (formerly MN ST § 35.71) | This is Minnesota's holding period law. This law mandates that all animals seized by public authority must be held for redemption for at least 5 business days by the impounding agency or a longer time if specified by municipal ordinance. The law requires the establishments to preserve records of the animals in custody for at least six months. A person must not release an animal seized and held under this section for research or product testing, either directly or through an animal dealer. | Statute | |
| US - Eagles - Policy Concerning Distribution of Eagle Feathers for Native American Religious | 1994 WL 163120 (Pres.Memorandum) | Executive Order/Memorandum (1994) |
This executive order affirms the executive's commitment to expediting the permit process through which Native Americans receive eagle feathers and parts for religious ceremonial service. It specifically affirms the trust relationship between the government and tribal nations. |
Administrative | |
| IA - Hunting, canned - 484B.4. Hunting preserve operator's license--application and license requirements | I. C. A. § 484B.4 | IA ST S 484B.4 | Under this Iowa statute, a person who owns or controls by lease or otherwise for five or more years, a contiguous tract of land having an area of not less than three hundred twenty acres, and who desires to establish a hunting preserve to propagate and sell game birds and their young or unhatched eggs, and shoot game birds and ungulates on the land, can apply to the state for an operator's license. The commission reviews the application to determine, among other things, that allowance of the license is not detrimental to wildlife and does not interfere with migratory bird activity. | Statute | |
| Alvarez v. Clasen | 946 So.2d 181 (La.,2006) |
Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats. |
Case | ||
| Utah Animal Rights Coalition v. Salt Lake County | 566 F.3d 1236 (C.A.10 (Utah),2009) |
The plaintiffs-appellants (Utah Animal Rights Coalition (UARC) and five individuals) filed this 42 U.S.C. § 1983 claim for alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah. The district court entered summary judgment against the plaintiffs. On appeal, this court held that, without a showing of harm, the UARC did not meet its burden to demonstrate an injury in fact. The court did find that the individuals properly pleaded harm to establish standing. With regard to the § 1983 action, this court ruled that the district court correctly determined that county officials were entitled to judgment as a matter of law. |
Case | ||
| KY - Endangered - 301 KAR 3:061. Endangered species of fish and wildlife | 301 Ky. Admin. Regs. 3:061 | 301 KAR 3:061 | It is unlawful for any person to import, transport, possess, process, sell or offer for sale any endangered species of fish and wildlife, or parts thereof, except as provided in Sections 3 and 4 of this administrative regulation. | Administrative |