Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| People for Ethical Treatment of Animals v. Bobby Berosini, Ltd. | 895 P.2d 1269 (Nev.,1995) | 111 Nev. 615, 23 Media L. Rep. 1961 (Nev.,1995) |
In this Nevada case, respondent Berosini claimed that two animal rights organizations, PETA and Performing Animal Welfare Society (PAWS), and three individuals defamed him and invaded his privacy. The trial court entered judgment on jury verdicts on the libel and invasion of privacy claims in the aggregate amount of $4.2 million. On appeal, this Court concluded that the evidence was insufficient to support the jury's verdict and reversed the judgment. The court found that the videotapes of Berosini beating his animal performers before the show was not libelous because they were not false or defamatory. The videotape was not “false” because it was an accurate portrayal of the manner in which Berosini disciplined his animals backstage before performances and it was not not defamatory because Berosini took the position that the shaking, punching, and beating that appear on the tape were necessary, appropriate and “justified” for the training, discipline, and control of show animals. With regard to his invasion of privacy claims, the videotaping did not invade the scope of Berosini's expectation of privacy because his asserted expectation was "freedom from distracting intrusion and interference with his animals and his pre-act disciplinary procedures." Thus, the filming did not intrude upon Berosini's expected seclusion. |
Case | |
| Zalaski v. City of Hartford | 723 F.3d 382 (C.A.2 (Conn.)) | 2013 WL 3796448 (C.A.2 (Conn.)) |
When animal rights activists, who were protesting the treatment of animals at a race sponsored by a circus, were arrested for criminal trespass and obstruction of free passage, the filed a section 1983 lawsuit for false arrest, unlawful retaliation, malicious prosecution, and interference with free expression under both the U.S. and Connecticut constitution against the city and the officer. Upon appeal of the lower court’s rejection of the activists’ First, Fourth, and Fourteenth Amendment claims, the court (1) affirmed the lower court’s decision on the ground of qualified immunity under section 1983, (2) would not address whether a pro se attorney who represented plaintiffs in addition to himself may be awarded fees because the issue was not raised in district court, and (3) vacated the judgment only in order to remand the case for the limited purpose of having the district court clarify whether it awarded the activists the costs incurred as a result of a discovery certification violation. |
Case | |
| LA - Rabies Immunization- Chapter 1. Anti-Rabies Vaccination Requirements for Dogs and Cats | 51 LA ADC Pt III, § 101 to 111 | La. Admin Code. tit. 51, pt. III, § 101 to 111 | These regulations are Louisiana's rabies provisions. Under the chapter, a person is prohibited from keeping a dog, cat, or ferret over the age of three months that has not been vaccinated against rabies by a licensed veterinarian. | Administrative | |
| TN - Dog, dangerous, felon - § 39-17-1363. Violent felony conviction; custody or control of dogs; application | T. C. A. § 39-17-1363 | TN ST § 39-17-1363 | Under this Tennessee law, it is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten years after such person has been released from custody following completion of sentence. Additionally, it is an offense for any convicted violent felon to own or have custody of a dog that is not microchipped or spayed/neutered. This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010. | Statute | |
| AZ - Domestic Violence - Chapter 36. Family Offenses. | A. R. S. § 13-3602 | AZ ST § 13-3602 | This Arizona law provides that, if a court issues an order of protection, the court may grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13- 2910 or otherwise disposing of the animal (see (G)(7)). | Statute | |
| WA - Vehicle - 46.61.660. Carrying persons or animals on outside part of vehicle | West's RCWA 46.61.660 | WA ST 46.61.660 | This Washington law states that it is illegal to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided that protects the animal from being thrown. | Statute | |
| US - Assistance animals, housing - Part 8. Nondiscrimination Based on Handicap | 24 C.F.R. § 8.1 to .6 | The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. | Administrative | ||
| Defenders of Wildlife v. Dalton | 97 F. Supp. 2d 1197 (2000) |
Plaintiff sought a preliminary injunction to prevent defendant government official from lifting the embargo against tuna from Mexico's vessels in the Eastern Pacific Ocean. Plaintiffs alleged irreparable injury if three stocks of dolphins became extinct. The court found plaintiffs failed to produce evidence showing irreparable injury. |
Case | ||
| State v. Chilinski | 330 P.3d 1169 (Mont. 2014) | 2014 MT 206, 2014 WL 3842953 (Mont. 2014) | After a call reporting the poor health of over 100 dogs at a large Malamute breeding operation and the recruitment of the Humane Society of the United States, including several volunteers, to help execute a warrant, defendant was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45–8–211, MCA. Defendant was convicted by a jury of 91 counts of animal cruelty and sentenced to the Department of Corrections for a total of 30 years with 25 years suspended. A prohibition from possessing any animals while on probation was also imposed on the defendant, as well as an order to forfeit every seized dog and all puppies born after the execution of the warrant. On appeal to the Supreme Court of Montana, defendant argued the District Court erred in denying his motion to suppress the evidence obtained from the search on Fourth Amendment grounds. The Supreme Court held, however, that the search warrant authorizing seizure of “any and all dogs” and “any and all records pertaining to dogs” was not impermissibly overbroad; that the participation by civilian volunteers and Humane Society personnel in execution the warrant was not prohibited by the Fourth Amendment or the Montana Constitution; and that the use of civilian volunteers to assist in execution of search did not violate defendant's right to privacy. The Supreme Court therefore held that the lower court did not err in denying the motion to suppress the evidence. Next, the defendant argued that the District Court abused its discretion when it improperly determined that the results of an investigation of his kennels in 2009 were irrelevant pursuant to M.R. Evid. 403. The court, however, agreed with the District Court, despite defendant's claim that 2009 inspection would show that the poor conditions of the kennels and the dogs in 2011 were justified due to economic hardship and health issues. Finally, defendant argued that the District Court was not authorized to order forfeiture of the defendant’s dogs that were not identified as victims of animal cruelty. The Supreme Court, however, held that the statute authorizing forfeiture of “any animal affected” as part of sentence for animal cruelty did not limit forfeiture of defendant's dogs to only those that served as basis for underlying charges, nor did it implicate the defendant's right to jury trial under the Apprendi case. The Supreme Court therefore held that the District Court did not abuse its discretion in requiring the defendant to forfeit all of his dogs. The lower court’s decision was affirmed. | Case | |
| Brockett v. Abbe | 206 A.2d 447 (Conn.Cir.A.D. 1964) | 206 A.2d 447 |
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated. |
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