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Displaying 81 - 90 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Scott v. Jackson County | 403 F.Supp.2d 999 (D.Or.,2005) |
On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action. |
Case | ||
| US - AWA Regulations - Table of Contents | AWA Table of Contents | This file provides the heading to all of the USDA regulations under the Animal Welfare Act with links to the appropriate files. | Administrative | ||
| Davison v. Berg | 243 So.3d 489 (Fla. Dist. Ct. App. Mar. 22, 2018) | 44 Fla. L. Weekly D641 (Fla. Dist. Ct. App. Mar. 22, 2018); 2018 WL 1415485 | Deborah Davison volunteered at her local Humane Society to help take care of a dog park. Three years later, Rebecca Berg’s dog who was chasing other dogs collided with Davison. Davison suffered a broken leg that required extensive medical care. Davison then filed an action against Berg under a Florida statute that “imposes liability on dog owners for damage their dogs cause to other persons and animals.” The trial court granted final summary judgment in favor of Berg for two reasons. The first reason was that the signs outside of the park sufficiently warned Davison of the risks of injury inside. The second reason was that Davison essentially consented to the risk of potential injuries by being a volunteer for the dog park. On appeal, this court stated that the Florida statute was a strict liability statute that makes an owner the insurer of their dog’s conduct. The only defense to the statute is for an owner to display in a prominent place on his or her premises a sign that includes the words “Bad Dog.” Berg presented evidence that the park had two signs prominently displayed at the entrance to the park with the title “Dog Park Rules.” The two signs listed rules for entrance to the dog park. One of these rules stated that park use is at the dog owner’s risk. Another rule stated that rough play and chasing were not allowed if any dogs or owners were uncomfortable with that behavior. The last rule stated that visitors enter at their own risk. Even though Davison entered the park at her own risk, the purpose of the sign requirement in the statute was to give notice that a bad dog is on the premises. The Court found that the trial court erred in finding that the signs at the dog park were sufficiently equivalent to “Bad Dog” signs to preclude liability under the Florida statute. The trial court also found that by virtue of Davison volunteering at the dog park, she was aware that she could be injured during the course of her work and that she signed a volunteer application form that acknowledged that she could be exposed to “bites, scratches, and other injuries.” Davison had also witnessed a prior collision between a dog and an individual that resulted in a broken leg. After witnessing that, Davison began to warn others at the Humane Society about the dangers of being inside the dog park with dogs chasing each other. The Court held that even though there may be evidence to support the trial court’s conclusion that Davison consented to the risk of injury, “an actual consent or assumption of the risk defense cannot bar liability.” The Court reversed the trial court’s entry of final summary judgment in favor of Berg. | Case | |
| NJ - Fur - Chapter 14. Fur Products. | NJSA 56:14-1 to 56:14-3 | NJ ST 56:14-1 to 56:14-3 | This law represents New Jersey's fur labeling law. Under the 2009 law, no person shall sell or offer to sell any new coat, jacket, garment or other clothing apparel made wholly or in part of fur, regardless of the price or value of the fur, without the name of the animal(s) used to produce the fur and the name of the country of origin of any imported fur. A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding. | Statute | |
| MD - Hunting - Subtitle 9. Captive Wildlife. | MD Code, Natural Resources, § 10-901 - 911 | MD NAT RES § 10-901 - 911 | This Maryland statute states that it is in the state's public interest to preserve native species by strictly regulating the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of harm to native wildlife. | Statute | |
| Colombia, Resolución 002341, 2007 | Resolution 002341 de 2007 sets parameters and requirements with the goal of guaranteeing the efficiency of the different processes that are part of the system of production of cattle for slaughter, while taking into account the livestock’s health and safety. Some of the topics that this resolution regulates include registration of production farms, requirements of the farming facilities, animal health and biosafety, veterinary medicines good practices, animal feeding good practices, farm and livestock transportation personnel, animal welfare and animal transportation. | Administrative | |||
| MS - Hunting - § 49-7-68. Computer-assisted remote hunting | Miss. Code Ann. § 49-7-68 | MS ST § 49-7-68 | This Mississippi law makes it a Class I offense a person to engage in computer-assisted remote hunting. It is also unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state. | Statute | |
| IL - Protected species - Article II. Game Protective Regulations. | 520 I.L.C.S. 5/2.1 to 2.5a; 520 I.L.C.S. 5/2.36a | IL ST CH 520 § 5/2.1 to 2.5; § 5/2.36a | This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition. | Statute | |
| US - Dogs at Large - Subpart D. Impoundment Procedures. § 28.43 Destruction of dogs and cats. | 41 FR 9171 | 50 C.F.R. § 28.43 | This federal rule states that dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife. | Administrative | |
| US - AWA - Subpart J. Importation of Live Dogs | 9 C.F.R. § 2.150 - 2.153 | This subsection covers the importation of dogs into the United States. No person shall import a live dog from any part of the world into the continental United States or Hawaii for purposes of resale, research, or veterinary treatment unless the dog is accompanied by an import permit issued by APHIS and is imported into the continental United States or Hawaii within 30 days after the proposed date of arrival stated in the import permit. Health and rabies certificates are required as provided. | Administrative |