Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| US - Wildlife - Chapter 23. National Wilderness Preservation System. | 16 U.S.C.A. §§ 1131 - 1136 | Under this Act, Congress established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this chapter or by a subsequent Act. | Statute | |
| Smegal v. Gettys | 48 So.3d 431 (La.App. 1 Cir., 2010) | 2010 WL 4272594 (La.App. 1 Cir.) |
Plaintiff Steven Smegal appeals a judgment that found him 50% at fault in a dog bite case. The incident occurred after the dog owned by Smegal's neighbor (Gettys) ran into the street and was hit by a school bus. Smegal approached the injured dog too closely and was bitten on his ankle. The Court of Appeal, First Circuit affirmed the lower court's finding. The court held that Smegal's actions did not constitute provocation where the dog's owners were also approaching the injured dog in an "equally provocative" manner. As to allocation of fault, the court found that while it was Gettys' failure to restrain the dog that was the ultimate cause of the accident, Smegal chose to approach the injured dog despite his training and knowledge as a police officer. Thus, this set of facts supported the trial court's allocation of comparative fault. |
Case |
| State v. Bonilla | 28 A.3d 1005 (Conn.App.,2011) | 131 Conn.App. 388 (2011) |
The issue before the court in this case is whether defendant's felony conviction for being a spectator at a cockfight (contrary to General Statutes § 53–247(c)) violates defendant's constitutional rights to assemble and associate, and his equal protection rights. In rejecting defendant's arguments, the court noted first that the right to assemble does not encompass the right to assemble for an unlawful purpose. Further, the right to associate was not infringed because "[a]ttending a cockfight as a spectator is neither a form of 'intimate association' nor a form of 'expressive association' as recognized by our courts or the United States Supreme Court . . ." As to defendant's claim of violation of equal protection, the court found that the aim of § 53–247(c)(4), criminalizing being a spectator at a cockfighting event, is rationally related to the legislative goal of preventing such fights from being staged. |
Case |
| U.S. v. Tomono | 143 F.3d 1401 (11th Cir. 1998) |
Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences." The court held that "cultural differences" were not significant enough to remove this case from the body of cases contemplated by the Sentencing Guidelines so as to allow for downward departure. |
Case | |
| Vick, Michael - Associated Materials (2007, 2008) |
The following contains links to the materials associated with Michael Vick's federal and state indictments for dogfighting. |
Pleading | ||
| Hawthorn Corp. v. U.S. | 98 F.Supp.3d 1226 (M.D. Fla., 2015) | 2015 WL 1346473 (M.D. Fla., 2015) | Plaintiff's complaint was based on government employees’ duty to exercise reasonable care in the execution of their official duties. Government moved to dismiss for lack of subject matter jurisdiction. The district court found the action was barred by three exceptions to the Federal Torts Claims Act: the misrepresentation exception, the discretionary exception, and the interference with contracts exception. Government motion was granted. | Case |
| MT - Hunting - Chapter 3. Restrictions and Regulations | MCA 87-6-215 | MT ST 87-6-215 (formerly MT ST 87-3-142) | This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment. | Statute |
| ID - Ecoterrorism - Chapter 70. Trespass and Malicious Injuries to Property. | I.C. § 18-7015, 7037, 7040, 7041, 7042 | ID ST § 18-7015, 7037, 7040, 7041, 7042 | These laws comprise Idaho's animal enterprise interference/"ecoterrorism" laws. The state has a provision specific to trespass into enclosures for fur-bearing animals such as foxes. Additionally, § 18-7037 prohibits the unauthorized release of an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. This offense is a misdemeanor and the actor is liable for restitution that includes replacement costs, property damage, and even costs of repeating an experiment. Section § 18-7040 defines the crime of interference with agricultural research where a person knowingly damages property, obtains property with the intent of hinder the research; obtains access to the facility by misrepresentation to perform acts to damage or hinder the research; enters the facility with the intent to damage, alter, or duplicate data or records; or the release of an animal or injury to an animal at the facility. Violation is a felony with punishment of up to 20 years imprisonment and/or a fine of up to $10,000. The state also has a separate section on damage to aquaculture operations. | Statute |
| IL - Disaster - Illinois Emergency Management Agency Act. 3305/4. Definitions. | 20 I.L.C.S. 3305/4 | IL ST CH 20 § 3305/4 | The Illinois' Illinois Emergency Management Agency Act defines Emergency Operations Plan as the written plan of the State and political subdivisions describing the organization, mission, and functions of the government and supporting services for responding to and recovering from disasters and shall include plans that take into account the needs of those individuals with household pets and service animals following a major disaster or emergency. | Statute |
| CA - Crimes - § 597y. Violations; methods of killing; penalty | West's Ann. Cal. Penal Code § 597y | CA PENAL § 597y | A violation of Section 597u [Animals; prohibited killing methods] or 597v [Newborn dog or cat; methods of killing] is a misdemeanor. | Statute |