Results
| 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 | ||
| NV - Lien - 108.540. Lien upon animals; priority; demand for payment; foreclosure; penalty for taking or driving away animal | N.R.S. 108.540 | Any person furnishing feed, pasture or otherwise boarding any animal(s), at the request or with the consent of the owner, has a lien upon the animal(s), and may retain possession thereof until the sum due for the feed, pasture or board has been paid. Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered or certified letter to the owner of the animal(s), at the owner's last known address, demanding payment. Any person who takes and drives away any such animal(s), while in the possession of the person feeding, pasturing or boarding them, without the consent of that person, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor. | Statute | ||
| PA - Disaster - State Emergency Managment Plan | Emergency Support Function #11 - Agriculture and Natural Resources Annex (2019) | The Pennsylvania Emergency Management Agency (PEMA) is the agency in charge of emergency response in the state. The issue of animals in disaster are dealt with in Emergency Support Function #11 - Agriculture and Natural Resources Annex (2021). | Administrative | ||
| MI - Dogs - Consolidated Dog Laws | M.C.L. 287.261 - 395; 317.63; 324.73101 - 73110; 324.42101 - 42106 | MI ST 287.261 - 395; 317.63; 324.73101 - 73110; 324.42101 - 42106 | The regulation of dogs and cats in Michigan implicates three major issues: licensing and registration of dogs; the regulation of animal control facilities and pet shops; and the ever-present concern of dog bites. The primary statutory vehicle that regulates the licensing requirements for dogs is the The Dog Law of 1919. Under the dog law, it is unlawful for any person to own a dog six months or older unless the dog is licensed. MCL Sec. 287.262. It is also unlawful for a person to own a dog six months or older that does not wear a collar and tag at all times, except when engaged in hunting activities accompanied by his or her owner. MCL Sec. 287.262. A female dog that is in heat may not go beyond her owner's premises unless properly held on a leash under this section. | Statute | |
| GREEN v. LECKINGTON | 236 P.2d 335 (Or. 1951) | 192 Or. 601 (Or. 1951) |
In this Oregon case, defendant appeals a judgment of $700 in damages obtained against him after he shot plaintiff’s dog. The dog had gone onto to defendant’s property and was chasing his chickens. On appeal, the Supreme Court found that because it was a general verdict, there was no way to determine a basis for the jury’s verdict; specifically, whether erroneous instructions on exemplary damages and the proper measure of damages influenced the verdict. Because the Court had the whole record before it (and in the interest of “harmony between neighbors”), the Court fixed the damages at the true market value of the dog ($250). |
Case | |
| MD - Immunity - § 5-614. Veterinary aid, care or assistance | MD Code, Courts and Judicial Proceedings, § 5-614 | MD CTS & JUD PRO § 5-614 | This law gives immunity to certain licensed professionals including veterinarians, medical care licensees, first responders, and certain local government employees for providing veterinary aid, care, or assistance (without a charging a fee) to animals at the scene of an emergency or in transit to a veterinary facility. The listed persons under the statute are not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission. | Statute | |
| Brazil - Animal Cruelty - Decreto-lei nº 24645, |
Art. 1º - Todos os animais existentes no País sno tutelados do Estado. |
Administrative | |||
| OK - Disaster - Care and Disposition of Disaster Animals Act | 4 Okl. St. Ann. § 701 - 707 | These statutes compose the Care and Disposition of Disaster Animals Act of Oklahoma. The Act describes where animals who are rescued from a disaster area should be held, how long the animals should be held for their owners, and also restricts disaster animals from being removed from the state. The statute also describes the penalties for knowingly removing disaster animals from the state including a civil fine of up to One Thousand Dollars ($1,000.00) per offense. | Statute | ||
| ME - Hunting, Internet - § 12101. License to operate commercial shooting area | 12 M. R. S. A. § 12101 | Me. Rev. Stat. tit. 12, § 12101 | Subsection 1-C prohibits hunting via the Internet and the operation of Internet hunting services located within the state of Maine. A person who violates this section commits a Class E crime. | Statute | |
| LA - Cruelty - Consolidated Cruelty Statutes | LSA-R.S. 3:2361 - 2367; LSA-R.S. 14:102 - .29 | These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care. | Statute |