Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Lowry v. City of San Diego | 818 F.3d 840 (9th Cir. Apr. 1, 2016) | 2016 WL 1273183 (9th Cir. Apr. 1, 2016) | Plaintiff in this case filed suit against the City of San Diego after she was attacked and bit by one of the police dogs. Lowry alleged that the City’s policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights against unreasonable seizures. The court remanded the case back to the lower court, holding that a reasonable jury could find that the use of the police dog against Lowry was an intrusion on her Fourth Amendment rights. The court maintained that the officers had reason to believe that letting the dog into Lowry’s office “off-lead” had the potential of creating severe harm. The court also noted that Lowry was not attempting to evade or resist arrest and therefore letting the dog “off-lead” may not have been reasonable. Reversed and remanded for further proceedings. | Case | |
| US - Marine Mammals - Petition to Designate the Sakhalin Bay-Amur River Stock of Beluga Whales under the MMPA | Submitted by Animal Welfare Institute (AWI), Whale and Dolphin Conservation (WDC), Cetacean Society International, and Earth Island Institute | Under § 1383 of the Marine Mammal Protection Act (MMPA), 16 U.S.C. § 1361 et seq., the Animal Welfare Institute (AWI), Whale and Dolphin Conservation (WDC), Cetacean Society International, and Earth Island Institute hereby petition the Secretary of the U.S. Department of Commerce, through the U.S. National Marine Fisheries Service (NMFS), to designate Sakhalin Bay-Amur River beluga whales (Delphinapterus leucas) in the Sea of Okhotsk as a “depleted” stock. As described herein, the best scientific information available indicates that these beluga whales constitute a stock that is well below its optimum sustainable population (OSP) and, under the MMPA, qualify for such designation. The evidence also suggests that the stock continues to decline and faces a number of risk factors, providing additional impetus for such designation. | Administrative | ||
| Com. v. Raban | 31 A.3d 699 (Pa.Super., 2011) | 2011 PA Super 212 (2011); 2011 WL 4582435 (Pa.Super.) |
Defendant was convicted of violating the dog law for failing to properly confine his dog after it escaped from his property and attacked another dog. On appeal, the Superior Court affirmed, holding that 1) scienter was not a necessary element of the violation because the statutory mandate to confine a dog was stated absolutely, and 2) a dog attack is not a de minimis infraction that would preclude a conviction. |
Case | |
| Gonzales v. Kissner | 24 So.3d 214 ((La.App. 1 Cir.,2009) | 2009 WL 3029621 (La.App. 1 Cir.), 2008-2154 (La.App. 1 Cir. 9/11/09) |
This Louisiana case concerns an action for personal injuries sustained by an animal control officer who was mauled about the head and neck by defendants' dog while investigating a complaint of an attack by the dog from the previous day. The dog's owners argued on appeal that the trial court failed to apply the Professional Rescuer's Doctrine, sometimes referred to as the “fireman's rule." Because under the facts here, where the dog had previously escaped after being confined in the house and the defendants failed to properly lock the house and/or restrain the dog, the court did not find that Ms. Gonzales' recovery for injuries was barred by the Professional Rescuer's Doctrine. The court held that based upon the record before this court, there was no error on the part of the trial court that warranted reversal of the plaintiff's motion for a partial summary judgment as to the liability of the dog's owners. |
Case | |
| Jefferson v. Mirando | 719 N.E.2d 1074 (Ohio Co.,1999) | 101 Ohio Misc.2d 1 (1999) |
In this Ohio case, the defendant was charged with violating ordinance setting maximum number of dogs or cats that a person could "harbor" per family dwelling unit. The court first observed that the village of Jefferson's ordinance benefits from a strong presumption of constitutionality, and defendant Mirando bears the burden of demonstrating unconstitutionality of this ordinance beyond any remaining fair debate on the issue. The court held that ordinance was not unconstitutionally vague and did not conflict with state statutes regulating kennels. |
Case | |
| Viva! v. Adidas | 63 Cal.Rptr.3d 50 (Cal., 2007) | 2007 WL 2080000 (Cal. 2007), 41 Cal.4th 929 | Viva, an animal protective organization, filed action against Adidas shoe retailer alleging that it was violating a state statute banning the import of products made from Australian kangaroo hide into California. On cross motions for summary judgment, the original court sided with Adidas, on the ground that state statute was preempted by federal Endangered Species Act of 1973. The appeals court affirmed, however the California Superior Court reversed, holding that the state statute was not preempted by federal law. | Case | |
| Código Penal para el Estado Libre y Soberano de Tlaxcala | Código Penal de Tlaxcala | In 2022, Decreto No. 160 modified the Criminal Code by adding Title XX, “Of the Crimes Committed Against Animals.” It has only one title: “Crimes Against the Life, Integrity, and Dignity of Animals,” which comprises articles 435, 436, 437, 438, 439, 440, 441, and 442. Article 435 deals with acts of mistreatment and animal cruelty. | Statute | ||
| MI - Fishing - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.48701 - 48727 | MI ST 324.48701 - 48727 | These sections lay out the guidelines for sport fishing including legal fishing devices, the open season for each species as well as the minimum legal size requirement for each species of fish. | Statute | |
| U.S. v. CITGO Petroleum Corp. | 801 F.3d 477 (5th Cir. 2015) | 2015 WL 5201185 (5th Cir., 2015) | CITGO was convicted of multiple violations of the Clean Air Act and its regulations, and the Migratory Bird Treaty Act of 1918 (“MBTA”). CITGO urged the 5th Circuit to reverse the Clean Air Act convictions because the district court erroneously instructed the jury about the scope of a regulation concerning “oil-water separators.” CITGO also contended that the MBTA convictions were infirm because the district court misinterpreted the statute as covering unintentional bird kills. The 5th Circuit agreed with both contentions, holding that CITGO's equalization tanks and air floatation device were not oil-water separators under the Clean Air Act's regulations and that “taking” migratory birds involved only “conduct intentionally directed at birds, such as hunting and trapping, not commercial activity that unintentionally and indirectly caused migratory bird deaths. The district court’s decision was reversed and remanded with instructions. | Case | |
| Morgan v. State | 656 S.E.2d 857(Ga.App., 2008) | 2008 WL 142325 (Ga.App.), 289 Ga.App. 209 (2008) |
Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff. Defendant was convicted in a jury trial of cruelty to animals. He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property. The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be. |
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