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Title Citation Alternate Citation Agency Citation Summary Type
Department of Local Government and Regional Development v Emanuel Exports Pty Ltd Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford

The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed.

Case
Youngstown v. Traylor 123 Ohio St.3d 132, 914 N.E.2d 1026 (Ohio,2009) 2009 WL 2634570 (Ohio), 2009 -Ohio- 2971 Defendant was charged with two misdemeanors after his unrestrained Italian Mastiff/Cane Corso dogs attacked a wire fox terrier and its owner.   Defendant filed a motion to dismiss the charges against him, arguing that YCO 505.19(b) is unconstitutional and a violation of his procedural due process rights.   The Supreme Court of Ohio held that the Youngstown municipal ordinance was constitutional because it was “rationally related to the city's legitimate interest in protecting citizens from vicious dogs,” provided “the dog owner with a meaningful opportunity to be heard on the dog's classification,” and did not “label dogs as dangerous or vicious” solely based on their breed type. Case
789-22-JH, Habeas Corpus - Cuqui Brown, the sloth 789-22-JH This is the case of Cuqui Brown, a sloth kept as a pet by a family in Ecuador. Cuqui Brown was seized by the authorities and transferred to a zoo. Plaintiff filed a Habeas Corpus against the Ministry of the Environment, alleging that Cuqui Brown was a family member, and requested that the court order the authorities to return Cuqui Brown to the plaintiff. In addition, plaintiff alleged that her rights and the rights of Cuqui were violated based on Estrellita's case that granted animals the status of subjects of rights. The court denied the Habeas Corpus, stating that the decision in Estrellita's case does not enable individuals to keep a wild animal or to request that a wild animal be returned to their possession. Instead, the Estrellita case recognizes the rights of wild animals based on aspects like their life, integrity, and their relationship with nature, not on the well-being or attachment of the person who removes them from their habitat to keep them as pets. Case
ME - Fish and Wildlife - Chapter 7. Regulations for Wildlife in Captivity 09-137 CMR Ch. 7, § 7.00 - 7.18 09-137 CMR Ch. 7, § 7.00 - 7.18 This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required for importation, possession, propagation, rehabilitation, and exhibition of wildlife in the state. Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public. Section 7.11 provides the conditions and restrictions under the permit. Section 7.12 states that no primate shall be permitted unless the applicant/permit holder demonstrates a physical aide legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes ( or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same). Administrative
Mayfield v. Bethards 826 F.3d 1252 (10th Cir. 2016) 2016 WL 3397503 (10th Cir. June 20, 2016) In this case, plaintiffs sued defendant, Officer Bethards, for unlawfully killing their pet dog Majka. Plaintiffs' dogs were lying in plaintiffs' unfenced front yard when the officers entered the yard and then followed the dogs to the back of the house, eventually killing one of the dogs. The plaintiffs argued that by unlawfully killing their dog, Officer Bethards violated their constitutional rights under the Fourth Amendment by entering the property without a warrant with the intention of killing the dogs. Officer Bethards moved to have the complaint dismissed for a failure to state a claim and the court denied this motion. Specifically, Officer Bethards argued that this was not a violation of the Fourth Amendment because the Fourth Amendment only applies to “effects,” which does not include dogs. The court disagreed, finding that Fourth Amendment protection for pet dogs is a clearly established right. Ultimately, the court held that the plaintiffs asserted facts sufficient to show a violation of their clearly established Fourth Amendment rights and the district court's order denying Deputy Bethards's motion to dismiss was affirmed. Case
US - AWA - 2002 Public Law 107-171 2002 PL 107-171 116 Stat. 491 Enacted January 23, 2002, the Farm Security and Rural Investment Act changed the definition of "animal" in the Animal Welfare Act to specifically exclude birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research. The law also addressed animal fighting ventures by making it a misdemeanor to ship a bird in interstate commerce for fighting purposes, or to sponsor to exhibit a bird in a fight that had been shipped for such purposes. Statute
US - Marine Mammals, Endangered - Establishment of Species of Concern List, Addition of Species to Species of Concern List, Desc 2004 WL 791908 (F.R.) FR Doc. 04-8593

NMFS establishes a species of concern list, places 45 species on this list, describes the factors it will consider when identifying species of concern, and revises the candidate species list. NMFS also solicits information and comments concerning the status of, research and stewardship opportunities for, and the factors for identifying species of concern.

Administrative
NJ - Cruelty - Consolidated Cruelty Statutes NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. Statute
US - Migratory Bird - Migratory Bird Treaty Act 16 USC 703 - 712 This law implements the treaties that the US has signed with a number of countries protecting birds that migrate across our national borders. It makes illegal the taking, possessing or selling of protected species. Statute
Mejia v. State 681 S.W.2d 88 (Tex. App. 1984).

Rooster fighting case. Testimony from the defendant's witness, a sociologist that argued cockfighting is not generally thought of as an illegal activity, was irrelevant in cruelty to animals conviction. Statute is not unconstitutionally vague.

Case

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