Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| FL - Wildlife - Chapter 379. Fish and Wildlife Conservation. | West's F. S. A. § 379.231 - 504 | FL ST § 379.231 - 504 | These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory& section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III). | Statute | |
| SEIDNER v. DILL | 206 N.E.2d 636 (Ind.App. 1965) | 137 Ind.App. 177 (Ind.App. 1965) |
Charles Dill, appellee, brought this action in the Municipal Court of Marion County, Indiana, therein alleging that the defendant-appellant, Harold Seidner, maliciously and intentionally shot and killed plaintiff's dog. The case essentially involved a companion animal that was shot and killed by the defendant neighbor who alleged that the dog was after his livestock. A statute in Indiana provided that a person was authorized to kill a dog “known” for “roaming” that harmed or threatened to harm the livestock. A verdict of six hundred dollars for the wrongful killing of the dog was affirmed. This case, however, was subsequently overruled by Puckett v. Miller , 178 Ind. App. 174 (Ind. App. Ct. 1978). |
Case | |
| Department of Game of Wash. v. Puyallup Tribe | 94 S.Ct. 330 (1973) | 414 U.S. 44 (1973) |
The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures. The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen. |
Case | |
| State v. McIntosh | 682 S.W.3d 449 (Mo. Ct. App. 2024) | 2024 WL 302430 (Mo. Ct. App. Jan. 26, 2024) | This case is an appeal following the defendant's conviction of animal abuse and assault in the fourth degree. Defendant claimed that the trial court erred in convicting him of animal abuse due to insufficient evidence showing that he purposely caused suffering to the dog he allegedly abused. The event that led to defendant's conviction was witnessed by a neighbor, who saw the defendant in his backyard swinging a small dog through the air by its leash and collar. The neighbor also saw defendant climb on top of the dog to choke it and slam its head into the ground. The neighbor testified at trial about these events, and the trial court found defendant guilty of animal abuse and assault in the fourth degree. The court of appeals held that there was sufficient evidence, consisting of the neighbor's testimony, and affirmed the judgment of the trial court. | Case | |
| Leider v. Lewis | 243 Cal. App. 4th 1078 (Cal. 2016) | 2016 WL 164343 (Cal. Ct. App. Jan. 14, 2016) | Plaintiffs, taxpayers Aaron Leider and the late Robert Culp, filed suit against the Los Angeles Zoo and Director Lewis to enjoin the continued operation of the elephant exhibit and to prevent construction of a new, expanded exhibit. Plaintiffs contend that the Zoo's conduct violates California animal cruelty laws and constitutes illegal expenditure of public funds and property. The case went to trial and the trial court issued limited injunctions relating to forms of discipline for the elephants, exercise time, and rototilling of the soil in the exhibit. On appeal by both sides, this court first took up whether a taxpayer action could be brought for Penal Code violations or to enforce injunctions. The Court held that the earlier Court of Appeals' decision was the law of the case as to the argument that the plaintiff-taxpayer was precluded from obtaining injunctive relief for conduct that violated the Penal Code. The Court found the issue was previously decided and "is not defeated by raising a new argument that is essentially a twist on an earlier unsuccessful argument." Further, refusing to apply this Civil Code section barring injunctions for Penal Code violations will not create a substantial injustice. The Court also found the order to rototill the soil was proper because it accords with the "spirit and letter" of Penal Code section 597t (a law concerning exercise time for confined animals). As to whether the exhibit constituted animal cruelty under state law, the Court found no abuse of discretion when the trial court declined to make such a finding. Finally, the Court upheld the lower court's ruling that declined further injunctive relief under section 526a (a law that concerns actions against state officers for injuries to public property) because the injury prong could not be satisfied. As stated by the Court, "We agree with the trial court that there is no standard by which to measure this type of harm in order to justify closing a multi-million dollar public exhibit." | Case | |
| US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California tiger | 2004 WL 2671444 (F.R.) | 50 CFR Part 17, RIN 1018-AT44 |
The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. |
Administrative | |
| IN - Cruelty - Consolidated Cruelty Statutes | I.C. 35-46-3-0.1 - 15; 36-8-3-18; IC 35-38-2-2.8 | IN ST 35-46-3-.05 to 15; IN ST 36-8-3-18 | These Indiana statutes set forth the anti-cruelty laws. As used in this chapter, "animal" does not include a human being. Among the provisions include anti-neglect, anti-animal fighting, and anti-abuse provisions. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class A misdemeanor. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Level 6 felony. A person who knowingly or intentionally abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor, which may become a Level 6 felony under described circumstances. | Statute | |
| CO - Ordinances - Animal control officers--Article 15. Regulation Under Police Power. | C. R. S. A. § 30-15-105 | CO ST § 30-15-105 | This Colorado statute provides that personnel engaged in animal control may issue citations or summonses and complaints enforcing the county dog control resolution or any other county resolution concerning the control of pet animals or municipal ordinance. Officers assigned to this capacity may be referred to as "peace officers." | Statute | |
| U.S. v. One Bell Jet Ranger II Helicopter | 943 F.2d 1121 (9th Cir. 1991) |
Sam Jaksick, Michael Boyce, and Chris Christensen were charged with conspiring to violate both the Airborne Hunting Act (AHA), 16 U.S.C. 742j-1 and the Lacey Act Amendments of 1981. They were also charged with knowingly using a helicopter to harass bighorn sheep in violation of the AHA. After a jury acquitted of the last two charges, the government, still convinced that the bighorn sheep had been harassed by the hunters, then brought this forfeiture action. While the court denied the forfeiture based for the most part on actions by the government in the case, it did hold that defendants' use of the helicopter to get as close as possible to identify the best trophy ram constituted sufficient intent for harassment under the Airborne Hunting Act. |
Case | ||
| Pearson v. U.S. Dept. of Agriculture | Slip Copy, 2011 WL 559083 (C.A.6,2011) |
Petitioner seeks review of the decision and order of the Secretary of the USDA, terminating his license to own and exhibit wild animals (82 lions, tigers, and bears), issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975 in violation of the AWA. In 2006, inspection showed 280 incidents of non-compliance. On appeal, the Sixth Circuit first held that there was no abuse of discretion in failing to grant the continuance after a fire at Petitioner's home because he is unable to resulting establish prejudice. Further, the Court discounted Petitioner's challenge that the revocation of his license was not supported where the court found the evidence "substantial, perhaps overwhelming." |
Case |