Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Colombia, Decreto 2113, 2017 | DECRETO 2113 DE 2017 | This decreto adds a chapter to Title 3, Part 14 of Book 2 of Decreto 1071, 2015 “Decreto Único Reglamentario del Sector Administrativo Agropecuario, Pesquero y de Desarrollo Rural.” This Decreto establishes the dispositions and requirements for the welfare of species for agricultural production. | Statute | ||
| San Jose Charter of Hells Angels Motorcycle Club v. City of San Jose | 402 F.3d 962 (C.A.9 (Cal.),2005) | 05 Cal. Daily Op. Serv. 2853, 2005 Daily Journal D.A.R. 3920 |
In this civil rights action under 42 U.S.C. § 1983, Defendants-Appellants, seven San Jose City Police Officers and Deputy Sheriff Linderman, appeal from an order of the district court denying in part their motions for qualified immunity. This action arises out of the simultaneous execution of search warrants at the residences of members of the Hells Angels, and at the Hells Angels clubhouse on January 21, 1998. While executing search warrants at two plaintiffs' residences, the officers shot a total of three dogs. This court held that the shooting of the dogs at the Vieira and Souza residences was an unreasonable seizure, and an unreasonable execution of the search warrants, in violation of the Fourth Amendment. Exigent circumstances did not exist at either residence, as the officers had a week to consider the options and tactics available for an encounter with the dogs. The unlawfulness of the officers' conduct would have been apparent to a reasonable officer at the time the officers planned for serving the search warrants. |
Case | |
| U.S. v. Tomono | 143 F.3d 1401 (11th Cir. 1998) |
Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences." The court held that "cultural differences" were not significant enough to remove this case from the body of cases contemplated by the Sentencing Guidelines so as to allow for downward departure. |
Case | ||
| IN - Hunting - Chapter 37. Harassment of Hunters, Trappers, and Fishermen | I.C. 14-22-37-1 to 14-22-37-3 | IN ST 14-22-37-1 to 14-22-37-3 | This section reflects Indiana's hunter harassment law. A person who knowingly or intentionally interferes with the legal taking of a game animal by another person with intent to prevent the taking commits a Class C misdemeanor. A person who fails to obey the order of a law enforcement officer to desist from conduct in violation of section 2 of this chapter commits a Class B misdemeanor if the law enforcement officer (1) observed the person or (2) has reasonable grounds to believe that the person has engaged in the conduct that day or intends to engage in the conduct that day on specific premises. | Statute | |
| CO - Equine Activity Liability Statute - Article 21. Damages. | C. R. S. A. § 13-21-119 | CO ST § 13-21-119 | This Colorado statute embodies the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. This section also contains specific provisions related to llama activities. Liability is not limited by this statute where the equine or llama sponsor provided faulty equipment or tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity, owned or otherwise possessed the land upon which an injury occurred where there was a known latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. | Statute | |
| State ex rel. Zobel v. Burrell | 167 S.W.3d 688 (Mo. 2005) |
After a judge granted two humane societies permission to dispose of nearly 120 severely emaciated and malnourished horses, the horses' owner, instead of posting a bond or security, filed for a writ of mandamus with the court of appeals. The appeals court issued a stop order and transferred the case to the Missouri Supreme Court. Here, the horses’ owner argued two points, but the Missouri Supreme Court found that (1) the spoliation of evidence doctrine does not apply at this juncture and that (2) the statute was not unconstitutionally vague, nor does the owner allege that the statute discriminates based upon classification or that the statute discriminates in its application so as to violate the equal protection clause. The stop order was therefore dissolved and the petition for the writ of mandamus was denied. |
Case | ||
| Stauber v. Shalala | 895 F.Supp. 1178 (W.D.Wis.,1995) |
Court found that milk consumers failed to prove that milk gained from rBST-treated cows contains higher levels of antibiotics, tastes different, or differs in any noticeable way from "ordinary" milk. That consumers might demand mandatory labeling was not enough to require labeling; rather, the FDA was required to ensure that products are not misbranded and consumer demand could not require the FDA to forgo this duty. |
Case | ||
| IN - Domestic Violence - 34-26-5-9 Ex parte orders; authority and jurisdiction of court; relief available | I.C. 34-26-5-9 | IN ST 34-26-5-9 | This Indiana law allows a court to grant ex parte orders for protection in cases of domestic or family violence. Effective July 1, 2017, a court may grant a petitioner the exclusive possession, care, custody, or control of any animal owned, possessed, kept, or cared for by the petitioner, respondent, minor child of either the petitioner or respondent, or any other family or household member. Additionally, the court may prohibit a respondent from removing, transferring, injuring, concealing, harming, attacking, mistreating, threatening to harm, or otherwise disposing of an animal described in subdivision (c)(5). | Statute | |
| US - Dogs at Large - Chapter X. Presidio Trust. Part 1002. Resource Protection, Public Use and Recreation. § 1002.15 Pets. | 63 FR 35697, June 30, 1998 | 36 C.F.R. § 1002.15 | This rule sets outs the prohibitions for pets in the Presidio Trust. | Administrative | |
| People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | 194 F. Supp. 3d 404 (E.D.N.C. 2016), aff'd sub nom. People for the Ethical Treatment of Animals v. United States Dep't of Agric., 861 F.3d 502 (4th Cir. 2017) | 2016 WL 3902745 (E.D.N.C. July 12, 2016) | In this case, People for the Ethical Treatment of Animals, In.c (PETA) filed a complaint against the United States Department of Agriculture (USDA) for violating the Administrative Procedure Act (APA). PETA argued that the USDA had violated the APA because the USDA has a “policy, pattern, and practice or rubber stamping” exhibitor license renewals to noncompliant animal exhibitors. Under the APA, any agency action that is found to be “arbitrary, capricious, or an abuse of discretion” must be held unlawful by the courts. The court in this case reviewed the facts of the case in accordance with the Chevron decision. According to the court in Chevron, a court must give deference to an agency if: (1) "the statutory language is silent or ambiguous with respect to the question posed," or (2) "the agency’s answer is based on a permissible construction of the statute.” The statutory language that the court considered in this case was the Animal Welfare Act (AWA) that regulate the transportation, handling, and treatment of animals. Ultimately, the court determined that the AWA was silent with regard to exhibitor renewals and therefore moved to the second step of the Chevron decision. The court found that the AWA does not prohibit the USDA’s administrative renewal process for animal exhibitor licenses. The court held that the USDA did not act arbitrarily or abuse its description when it chose to renew certain exhibitor licenses. As a result, the court rejected PETA’s claim against the USDA. | Case |