Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Houseman v. Dare | 966 A.2d 24 (N.J. Super. Ct. App. Div. 2009) | 405 N.J.Super. 538 (2009) |
An engaged, live-in couple purchased a dog together and listed both of their names on the American Kennel Club registration. While speaking to his girlfriend about ending the relationship, the boyfriend promised her that she could keep the dog, but failed to fulfill that promise; the court required specific enforcement of that promise. In addition, the court found that dogs possess special subjective value similar to "heirlooms, family treasures, and works of art." |
Case |
| Robinson v. Pezzat | 818 F.3d 1 (D.C. Cir. 2016) | 2016 WL 1274044 (D.C. Cir. Apr. 1, 2016) | Plaintiff filed suit against two police officers and the District of Columbia after the officers shot and killed her dog while executing a warrant to search her home. She brought a § 1983 claim, alleging that the officers seized her property in violation of the Fourth Amendment. The Court of Appeals reversed the District Court’s ruling for summary judgment, holding that a jury could find in favor of the plaintiff based on her witness testimony that the dog was lying down when it was first shot. Additionally, the court maintained summary judgment for the second police officer, McLeod, who shot and killed the dog after it bit Officer Pezzat and charged forward. | Case |
| Revista Brasileira de Direito Animal Volume 11 |
Sumário / Table of Contents
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Policy | ||
| Viilo v. Eyre | 547 F.3d 707 (C.A.7 (Wis.),2008) | 2008 WL 4694917 |
Virginia Viilo sued the City of Milwaukee and two of its police officers under 42 U.S.C. § 1983 after an officer shot and killed her dog 'Bubba.' The district court denied the defendants' motion for summary judgment on the basis of qualified immunity and the defendants took an interlocutory appeal challenging this denial. The court found that defendants' interjection of factual disputes deprived the court of jurisdiction. The court further held that it is a violation of the Fourth Amendment for a police officer to shoot and kill a companion dog that poses no imminent danger while the dog’s owner is present and trying to assert custody over her pet. |
Case |
| State v. Schuler (Unpublished) | 1997 WL 76337 (Unpub. Minn. 1997) |
This Minnesota lawsuit arose from the enforcement of a Little Canada ordinance prohibiting the keeping of more than three adult dogs in any residential dwelling within the city's residentially zoned districts. In reviewing a challenge to the law, the court first noted that a city's police power allows it both to regulate the keeping of animals, and to define nuisances and provide for their abatement. Further, municipal ordinances are presumptively constitutional and the burden rests on the party challenging it. Here, Schuler failed to offer evidence that regulating the number of dogs per household was unrelated to controlling the problems of dog noise and odor as they affect the health and general welfare of the community. |
Case | |
| Anderson v. Evans | 314 F.3d 1006 (9th Cir. 2002) | 55 ERC 1481, 2 Cal. Daily Op. Serv. 12,197, 2002 Daily Journal D.A.R. 14,605 |
Concerned citizens and animal conservation groups brought an action against United States government, challenging the government's approval of quota for whale hunting by Makah Indian Tribe located in Washington state. On appeal by the plaintiffs, the Court of Appeals held that the failure of the government to prepare an Environmental Impact Statement before approving a whale quota for the Makah Tribe violated National Environmental Policy Act (NEPA). The court also found that the Marine Mammal Protection Act (MMPA) applied to tribe's proposed whale hunt, as the proposed whale takings were not excluded by the treaty with the tribe. |
Case |
| Ley de Protección Animal del Estado de Querétaro | Ley de Protección Animal del Estado de Querétaro | This law seeks to guarantee dignified and respectful treatment for all animal species. As stated in Article 1, its primary objectives include: 1) the regulation of the possession, procreation, development, use, transportation, and slaughter of species, populations, and animal specimens in the state; 2) to implement compliance with the state's environmental policy regarding wildlife and biotic resources; and 3) to promote a culture of protection and respect for nature. | Statute | |
| Cat Champion Corp. v. Jean Marie Primrose | 149 P.3d 1276 (Or. Ct. App. 2006) | 210 Or.App. 206 (2006) |
A woman had 11 cats which were in a state of neglect and were taken away from her and put with a cat protection agency. Criminal charges were dropped against the woman when it was found she was mentally ill and incapable of taking care of herself or her cats. The court found it could grant the cat protection agency ownership over the cats so they could be put up for adoption, even though the woman had not been criminal charged, and had not forfeited her cats. |
Case |
| Koivisto v. Davis | 745 N.W.2d 824 (Mich.App., 2008) | 2008 WL 81559 (Mich.App.), 277 Mich.App. 492 (2008) |
Defendants, the Macaks, owned two dogs being boarded at Chieftan Kennels. Plaintiff was outside on her deck when the dogs entered her property and attacked her cats, one of which died later from its injuries. The plaintiff rushed to defend the cats and suffered multiple bites from the dogs. The trial court held that the plaintiff had “provoked” the dogs. The Court of Appeals reversed. “The dogs were already provoked and, in fact, were in a state of attack, for whatever reason when plaintiff responded to their behaviors while on her own property.” |
Case |
| Revista Brasileira de Direito Animal Volume 19 |
SUMÁRIOEDITORIALHeron Gordilho……………………………………………… |
Policy |