Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| State v. Taffet (unpublished) | Not Reported in A.2d, 2010 WL 771954 (N.J.Super.A.D.) |
The State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division, which reversed the finding of the municipal court that defendant's dog is a potentially dangerous dog pursuant to N.J.S.A. 4:19-23(a) as well as the imposition of certain measures to mitigate any future attacks. Defendant, a resident of Haddonfield, owns, breeds, and shows four Rhodesian Ridgebacks kept at his home in a residential neighborhood. The Superior Court concluded that the Law Division's did not properly defer to the trial court's credibility determinations and were not supported by sufficient credible evidence. The court found that the dog's dual attacks causing bodily injury to two individuals were undisputed, and along with evidence of more recent intimidating activity in the neighborhood, the municipal court could have reasonably concluded that the dog posed a more serious threat to cause bodily injury to another.
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Case | ||
| MICHAEL SEAGRAVE, plaintiff v. MICHAEL ATZET, and DOES 1-20 inclusive, defendant | This California complaint arose from the shooting of plaintiff's golden retriever dog. Plaintiff's dog was secure in the backyard which was bordered by a fence. According to the complaint, defendant intentionally used a high-powered pellet rifle and shot the dog by positioning the rifle over or through the fence. This injury resulted in plaintiff's dog's death. The complaint raised three causes of action: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (related to damages to animals). | Pleading | |||
| SD - Vehicle - SDCL § 41-1-12. Euthanasia of animal injured in motor vehicle accident | SDCL § 41-1-12 - 13 | SD ST § 41-1-12 - 13 | Any person who has seriously injured a wildlife animal or who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the animal if that person has the means, skill, and will to euthanize humanely. | Statute | |
| State v. Newcomb | 359 Or 756 (2016) | In this case, the Supreme Court of Oregon reviewed a case in which defendant accused the State of violating her constitutional rights by taking a blood sample of her dog without a warrant to do so. Ultimately, the court held that the defendant did not have a protected privacy interest in the dog’s blood and therefore the state did not violate defendant’s constitutional rights. Defendant’s dog, Juno, was seized by the Humane Society after a worker made a visit to plaintiff’s home and had probable cause to believe that Juno was emaciated from not receiving food from plaintiff. After Juno was seized and taken into custody for care, the veterinarian took a blood sample from Juno to confirm that there was no other medical reason as to why Juno was emaciated. Defendant argued that this blood test was a violation of her constitutional rights because the veterinarian did not have a warrant to perform the test. The court dismissed this argument and held that once Juno was taken into custody, defendant had “lost her rights of dominion and control over Juno, at least on a temporary basis.” Finally, the court held that because Juno was lawfully seized and Juno’s blood was “not ‘information’ that defendant placed in Juno for safekeeping or to conceal from view,” defendant’s constitutional rights had not been violated. | Case | ||
| Long v. Noah's Lost Ark, Inc. | 814 N.E.2d 555 (Ohio 2004) |
Owner of lion cub sued animal shelter for refusing to return the cub to him, alleging breach of contract, conversion, replevin, fraud, and intentional misrepresentation. The Trial Court granted summary judgment for plaintiff and defendant appealed. On appeal, the Court affirmed for plaintiff, as plaintiff had established that he was the legal owner of the lion and was entitled to possession. |
Case | ||
| AU - Cruelty - South Australia Animal Welfare Act 1985 (SA) | Animal Welfare Act 1985 |
The South Australian Animal Welfare Act’s primary purpose is for the promotion of animal welfare. The Act is enforced by RSPCA SA and is the primary piece of legislation that aims to protect animals from cruelty in South Australia. The Act generally governs domestic privately owned animals (pets). |
Statute | ||
| State v. Cloutier | 2003 ME 7 (Sup.Ct. Maine Jan. 21, 2003) |
Defendant appealed from his conviction for "driving deer" under Maine statute § 7458(10) (among other convictions), contending that the statute was unconstitutionally vague. The Court rejected defendant's argument, finding the version at issue here plainly tells people that if they participate in a group hunt and they organize or plan the hunt so that several people move in a coordinated fashion toward other members of the hunting party who by predesign are standing or moving toward the first group, in a planned effort to flush out the deer, they are hunting illegally. With regard to the entrapment defense for the illegal transporting of deer, the Court found that although another hunter may have created the opportunity for Cloutier to commit the illegal transportation violation, "more is required for the entrapment defense than providing the opportunity to commit the crime." |
Case | ||
| GA - Avondale Estates - Chapter 1: General Provisions & Chapter 4: Animals and Fowl | Code of Ordinances, City of Avondale Estates, Georgia §§ 1-8,4-1, 4-5, 4-6, 4-14, 4-15 |
In Avondale Estates, Georgia, animal fighting is not only prohibited by ordinance, but an animal trained for fighting is also considered a public nuisance, and an abused and dangerous animal. This ordinance provides provisions for each of the respective categories, as well as penalties for the violations. Notably, the city will not respond to a citizen's compliant about a violation of this chapter if the citizen chooses to remain anonymous. |
Local Ordinance | ||
| Barger v. Jimerson | 276 P.2d 744 (Colo. 1954) | 130 Colo. 459 (1954) |
In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog. Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious." Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages. |
Case | |
| HI - Wildlife - Chapter 124. Indigenous Wildlife, Endangered and Threatened Wildlife, and Introduced Wild Birds | Haw. Admin. Rules (HAR) § 13-124-1 to § 13-124-13 | HI ADC § 13-124-1 to § 13-124-13 | The purpose of this chapter is to conserve, manage, protect, and enhance indigenous wildlife; and manage introduced wild birds. | Administrative |