Results
Displaying 21 - 30 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| CA - Hunting - § 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; | West's Ann. Cal. Fish & G. Code § 3511 | CA FISH & G § 3511 | California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes. | Statute | |
| New York Revised Statute 1881: Chapter 682: Section 26 | N.Y. Rev. Stat. ch. 682, § 26 (1881) | Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person. A person found harming such an animal would be guilty of a misdemeanor. | Statute | ||
| Stanko v. Maher | 419 F.3d 1107 (10th Cir. 2005) | 2005 WL 1953514 (10th Cir.(Wyo.)) | A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher. The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays. Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements. | Case | |
| C., M. M. M. s/ Denuncia Maltrato Animal; seguidos contra E. P. S., D.N.I. N° X- Causa Tita | Fallo 481/2021 | This court decision has two important aspects, where the judge recognizes families as multispecies, and non-human animals as sentient beings and subjects of rights. The facts of this case arose from a fatal encounter between the police officer and "Tita," a Pitbull-mix family dog, in March 2020 in the Province of Chubut in Argentina. "Tita" attacked an on-duty police officer, and, when Tita was walking away, the officer shot her in front of her family. The injury was so severe that Tita had to ultimately be put down. The judge, in this case, found that Tita was a non-human person and a daughter to her human family, as she and other companion animals had adapted so well to the family life, that it had turned the family into a multispecies one. Therefore, the loss of Tita was an irreparable one. The judge further stated that in today's world animals are not "things," they are sentient beings and they have the right that their life is respected. The holding of the court was also based on the case of Sandra, the orangutan, and the Universal declaration of animal rights. The police officer was sentenced to one year of suspended imprisonment, professional disqualification for two years, and to pay the attorney and court fees for the crimes of abuse of authority and damages. However, he was acquitted of the animal cruelty charges. Update: In September 2022, the Chubut's criminal chamber of the Superior Court of Justice (the highest tribunal in the province) heard the case on appeal. The court affirmed the verdict of the Trelew’s criminal chamber that set aside the guilty verdict entered against the police officer. The highest tribunal found that, at the incident, Tita was unleashed and unmuzzled. Also, she was aggressive toward the officer, barking and charging at him before he shot her. The tribunal concluded that the officer found himself in imminent danger, which justified his actions, and therefore, he was not guilty as he acted to defend himself. The tribunal found that Sandra's case and the Universal declaration of animal rights did not apply to Tita's case because there were circumstances in which it is necessary to end the life of an animal, and Sandra’s case was brought up as a habeas corpus on behalf of a hominid primate. The recognition of “subject of rights” was granted to Sandra based on the genetic similarity of her species to humans, which is 97%, as opposed to canines’ which is only 75%. It is important to note that the tribunal did not say anything in regard to the status of Tita as a member of her multispecies family. | Case | ||
| Blankenship v. Commonwealth | 838 S.E.2d 568 (2020) | 71 Va.App. 608 (Va.App., 2020) | Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case. | Case | |
| AZ - Initiatives - Proposition 109 (right to hunt and fish) | Proposition 109 (2010) | Proposition 109 would have amended the Arizona Constitution. It failed with only 43.5% voting "yes" for the measure. The proposition stated that: 1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife. 2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing. 3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife. By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights. | Statute | ||
| WI - Breed - 95.13. Misrepresenting breed of domestic animal | W. S. A. 95.13 | WI ST 95.13 | Under this Wisconsin statute, no person may sell any domestic animal or represent that such domestic animal is a pure bred animal, if the animal is not registered or entitled to be registered, in any pure breed registry for that breed. | Statute | |
| UK - Farming - UK General Welfare of Farmed Animals Regs. 2000 | Statutory Instrument 2000 No. 1870 |
For historical purposes only. Law has been repealed and/or replaced. The UK's general animal welfare legislation affecting any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes. |
Statute | ||
| US - AWA - Subpart C. Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits. | 9 C.F.R. § 3.50 to 3.66 | These regulations contain the humane care provisions for rabbits. | Administrative | ||
| UNITED STATES of America v. Robert J. v. STEVENS, Appellant |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court. |
Pleading |