Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Hatahley v. United States | 351 U.S. 173, 76 S.Ct. 745 (1956) | 100 L.Ed. 1065 (1956) |
In the case of Hatahley v. United States, 351 U.S. 173 (1956), a group of Navajo Indians living in Utah sued the government under the Federal Torts Claim Act, to recover the confiscation and destruction of horses and burros that were kept as pets and uniquely valued to the owners. The federal agents confiscated these animals and then sold them to a glue factory. The petitioners vehemently argued that these horses had unique and sentimental value to them, and served as a means of income to yield crops. Although the government agents argued that they were authorized to engage in this taking pursuant to the Utah Abandoned Horse Slaughter Act, the trial court ruled in favor of the petitioners. The court awarded the petitioners a judgment of $100,000 based on the fair market value, consequential damages for deprivation of use, and “mental pain and suffering” of the petitioners. The decision was reversed and remanded to the District Court with instructions to assess damages with sufficient particularity. |
Case |
| R v. Menard | R v. Menard 1978 CarswellQue 25 | R v. Menard (1978) 43 C.C.C. (2d) 458 | The accused in R v. Menard had a business euthanizing animals by use of motor exhaust which caused pain and burns to the mucous membranes of the animals he was euthanizing. In a decision written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. Lamer J. statements about the animal-human relationship have been influential in Canadian Animal case law. | Case |
| Additional Protocol to the European Convention for the Protection of Animals During International Transport | Amendments to the European Convention for the Protection of Animals During International Transport. The amendments are mainly procedural rather than substantive. | Treaty | ||
| IN - Domestic Violence - 31-9-2-42 “Domestic or family violence” | I.C. 31-9-2-42 | IN ST 31-9-2-42 | This section of the Family Law Code defines "domestic or family violence" as "[a]busing (as described in IC 35-46-3-0.5), torturing (as described in IC 35-46-3-0.5), mutilating (as described in IC 35-46-3-0.5), or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member." | Statute |
| CO - Emergency - § 25-3.5-203. Emergency medical service providers--certification | C. R. S. A. § 25-3.5-203 | CO ST § 25-3.5-203 | This law concerns emergency medical service providers. An emergency medical service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care. “Preveterinary emergency care” means the immediate medical stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. “Preveterinary emergency care” does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person's life could be in danger attempting to save the life of a dog or cat. | Statute |
| Dutka v. Cassady | 2012 WL 3641635 (Not Reported in A.3d) | 2012 Conn. Super. LEXIS 1901 | A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families. | Case |
| U.S. v. Zak | 486 F.Supp.2d 208 (D.Mass., 2007) | 2007 WL 1427442 (D.Mass.) |
Defendant pleaded guilty to three counts under the MBTA after agents determined that he killed 250 great blue herons; he then went to trial on the remaining counts under the MBTA and BGEPA related to his killing of a juvenile bald eagle on his commercial fish growing operation. On appeal, defendant contended that he cannot be found guilty under the MBTA unless the government proved beyond a reasonable doubt that he knew the bird he was shooting was protected and intentionally shot it with that knowledge (defendant stated that he shot a "big brown hawk'). The court disagreed, finding the overwhelming authority requires no such specific scienter on the part of the actor. With regard to defendant's contention that the government failed to prove the "knowingly" prong of the BGEPA, the court was equally unpersuaded. The evidence demonstrated beyond a reasonable doubt that defendant knowingly shot the eagle as it sat perched on the dead pine tree on the edge of his property, regardless of whether he knew the juvenile bird was an eagle or, as he said, “a big brown hawk.” |
Case |
| CA - Burro - § 53074.5. Undomesticated burros; removal by officer or employee of local | West's Ann. Cal. Gov. Code § 53074.5 | CA GOVT § 53074.5 | This California law allows an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto private land at the request of the landowner. Such officer can also remove an undomesticated burro that strays onto a public roadway to ensure public safety. | Statute |
| VT - Cruelty - Consolidated Cruelty Statutes | 13 V.S.A. § 351 - 400; 20 V.S.A. § 2365b; 24 V.S.A. § 1943 | VT ST T. 13 § 351 - 400; VT ST T. 20 § 2365b; VT ST T. 24 § 1943 | This Vermont statutory section contains the amended anti-cruelty and animal fighting laws. Animal cruelty, as defined by § 352, occurs when a person overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or deprives an animal which a person owns or possesses of adequate food, water, shelter, rest, sanitation, or necessary medical attention. It is also animal cruelty if one owns, possesses, keeps or trains an animal engaged in an exhibition of fighting. The section excludes scientific research activities, hunting, farming, and veterinary activities among others. | Statute |
| MT - Initiatives - Constitutional Amendment 41 | Constitutional Amendment 41 (2004) | This 2004 ballot measure was an amendment to the constitution proposed by the legislature. The 2003 Legislature submitted this proposal for a vote. It would amend the Montana Constitution by adding a provision specifically to recognize and preserve the opportunity of Montana citizens to harvest wild fish and wild game animals. The amendment specifies that this new provision does not create a right to trespass on private property or diminish any other private rights. This amendment is effective upon approval by the electorate. It was passed in 2004 by 80.6% of voters. | Statute |