Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Edwards v. Shanley | 666 F.3d 1289 (C.A.11 (Fla.)) | 2012 WL 89193 (C.A.11 (Fla.)) |
Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought § 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff’s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force. |
Case | |
| MN - Equine Activity Liability - 604A.12. Livestock activities; immunity from liability. | M. S. A. § 604A.12 | MN ST § 604A.12 | This Minnesota statute comprises the state's equine activity liability statute. The act is not limited to equines, but rather extends protection from liability to participants engaged in "livestock activities." It is important to note that this provision and exemption from liability applies only to non-profit entities. Liability is not limited where the livestock professional knowingly used faulty tack, the person failed to reasonable care to protect the participant from a known, human-made dangerous condition, the person is a livestock activity sponsor and fails to comply with the notice requirement, or the act or omission of the person was willful or negligent. | Statute | |
| KY - Ferret - 150.355 Ferrets | KRS § 150.355 | KY ST § 150.355 | This Kentucky law prohibits the use of ferrets in hunting. Additionally, the law states that no person shall keep a ferret which was born in the wild as a pet or for any purpose, unless he or she has procured a ferret permit from the commissioner. | Statute | |
| NH - Exotic Pets - Chapter Fis 800 Definitions (for importation and possession of wildlife) | NH ADC FIS 801.01 - 26 | N.H. Code Admin. R. Fis 801.01 - 26 | These following regulations provide the definitions for the terms used in Chapter Fis 800: The Importation, Possession and Use of All Wildlife of the New Hampshire Code of Administrative Regulations. | Administrative | |
| CA - Cruelty, unattended animal - § 43.100. Property damage or trespass to motor vehicle resulting from rescue of animal; | West's Ann.Cal.Civ.Code § 43.100 | CA CIVIL § 43.100 | This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code. | Statute | |
| State v. Betts | 397 S.W.3d 198 (Tex. Crim. App. 2013) | 2013 WL 1628963 (Tex.Crim.App.) |
This Texas case represents the State's discretionary petition for review after the lower court and Waco Court of Appeals granted defendant's motion to suppress evidence. The evidence at issue involved the seizure of defendant's 13 dogs from his aunt's backyard property, which then led to his indictment on felony cruelty to animals. As to the first issue, this court found that defendant has a reasonable expectation of privacy in his aunt's backyard despite the fact he did not have an ownership interest. Secondly, the court found that the officers were not authorized by the plain view doctrine to make a warrantless entry into the backyard to seize the dogs. Finally, the court found that the community caretaking doctrine was not argued by the State at trial or at the court of appeals; thus, the State was barred from advancing that argument in this appeal. |
Case | |
| Newell v. Baldridge | 548 F.Supp. 39 (D.C. Wash. 1982) |
Newell was a tropical fish importer who became involved in a mislabeling scheme to import endangered sea turtles. On appeal, Newell claimed he lacked the requisite knowledge or intent because he did not directly handle the imported sea turtles, he could not have known that they were mislabeled. The court held that substantial evidence in the record supports the findings below that Newell knew or should have known of the mislabeling of the shipments of sea turtles. Further, the court upheld the imposition of $1,000 penalty for each violation of the Lacey Act because of the mulit-violation, mislabeling scheme and the vital public interest in deterring illegal wildlife trade. |
Case | ||
| NJ - Impound - Chapter 19. Dogs, Taxation and Liability for Injuries Caused by | NJSA 4:19-26 | NJ ST 4:19-26 | This New Jersey statute provides that, if a dog is declared vicious or potentially dangerous, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. | Statute | |
| MA - Pet Trust - Chapter 203. Trusts. | M.G.L.A. 203E § 408 | MA ST 203E § 408 (formerly MA ST 203 § 3C) | In 2011, Massachusetts enacted this law, which allows the creation of a trust for the continuing care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust. A court may reduce the amount of property held by the trust if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health or appearance of the covered animal. The statute was renumbered in 2012. | Statute | |
| WY - Rehabilitation - Chapter 45. Wildlife Rehabilitation | WY ADC GAME POSS Ch. 45 s 1 - 24 | WY Rules and Regulations GAME POSS Ch. 45 s 1 - 24 | The purpose of this regulation is to provide for the care of sick, injured, debilitated or orphaned wildlife, excluding big game animals and trophy game animals, by permitted wildlife rehabilitators and to provide criteria for the issuance of permits to such wildlife rehabilitators. In accordance with this regulation, wildlife rehabilitators issued permits pursuant to this regulation may acquire sick, injured, debilitated, or orphaned wildlife and provide necessary treatment in order that the wildlife may be returned to live in the wild independent of human aid and sustenance. As soon as it can be determined that sick or injured wildlife is not likely to recover within one-hundred eighty (180) days, the wildlife shall be euthanized; unless Department approval is given for extended care. | Administrative |