Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Tran v. Bancroft | 648 So.2d 314 (Fla.App. 4 Dist.,1995) | Fla. L. Weekly D191 |
In this Florida case, a tenant's next-door neighbor, who was bitten by tenant's dog when it leaped over fence and then attacked the neighbor on property not owned by landlord, brought a personal injury suit against the landlord. The appellate court upheld a motion of summary judgment in favor of the defendant non-owner. The court found that t he existence of a duty in a negligence action is a question to be decided as a matter of law. Although the so-called "dog bite" statute, section 767.04, Florida Statutes (1993) controls actions against a dog's owner, actions against a non-owner must be brought upon a theory of common law liability. Essentially, a landlord has no duty to prevent injuries to third parties caused by a tenant's dog away from leased premises. |
Case | |
| Big Cats of Serenity Springs, Inc. v. Rhodes | 842 F.3d 1280 (D.C. Cir. 2016) | 2016 WL 7187301 |
Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. The United States District Court for the District of Colorado, granted APHIS's motion to dismiss in part and denied in part. APHIS appealed. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim; (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures; and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity; but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim. |
Case | |
| Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc. | 78 F.Supp.2d 1028 (D.N.D. 2011) | 42 NDLR P 280, 66 A.L.R. Fed. 2d 687 | Plaintiffs bring this action against Goldmark Property Management alleging discrimination on the basis of disability in violation of the Fair Housing Act. The alleged discriminatory policy is a mandatory application fee, non-refundable deposit, and monthly charge that Goldmark imposes on tenants with disabilities who reside with a non-specially trained assistance animal (i.e. a companion pet). These same fees are waived for tenants with disabilities who reside with a trained assistance animal (i.e. a seeing eye dog). The FHA encompasses all types of assistance animals regardless of training; therefore, Goldmark's policy implicates the FHA. Further, Plaintiffs have met their burden of establishing a prima face case of discrimination and have presented sufficient evidence to create genuine issues for trial on the questions of the necessity and reasonableness of the requested accommodation and whether Goldmark's alleged objective for the policy is permissible under the FHA and not pretextual. Therefore, Goldmark's motion for summary judgment is granted in part and denied in part. It is granted as to Plaintiffs' claim of disparate treatment because no proof was offered of a discriminatory intent. It is denied as to Plaintiffs' claims of disparate impact and failure to make a reasonable accommodation. | Case | |
| MN - Dogs, license - 347.14. Unlicensed dogs | M. S. A. § 347.14 | MN ST § 347.14 | This Minnesota statute, amended in 2006, provides that any person may seize, impound, or restrain any unlicensed dog which the person may find running at large. The fact that a dog is without a license attached to a collar shall be presumptive evidence that the dog is unlicensed. An officer is under a duty to seize and impound such animal. | Statute | |
| HI - Dog Bite - CHAPTER 663. TORT ACTIONS. | H R S § 663-9 - § 663-9.1 | HI ST § 663-9 - § 663-9.1 | This statute represents Hawaii's relevant dog bite law. Under the statute, an owner or harborer of an animal is strictly liable for personal or property damage to any person, regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. | Statute | |
| Honeycutt v. State Farm Fire & Casualty Co. | 890 So.2d 756 (2nd Cir. 2004) |
A driver hit a cow standing in the road and the driver brought suit against the cow's owner and the owner's insurance agency. The trial court held in favor of the driver and the Court of Appeals affirmed based upon the doctrine of res ipsa loquitor. |
Case | ||
| American Horse Protection Ass'n v. U. S. Dept. of Interior | 551 F.2d 342 (C.A.D.C. 1977) |
Appellants (American Horse Protection Association and a member of the joint advisory board created under the Act) initiated an action in the District Court against the Dept. of the Interior, alleging violations of the Wild Free-Roaming Horses and Burros Act and other federal statutes in connection with a roundup of horses on federal lands. In January and February of 1973, there was a roundup of horses (said by appellants to be wild and free-roaming) on public lands near Howe, Idaho. The District Court for the District of Columbia, granted summary judgment for appellees, rejecting appellants' contention that the Brand Inspector lacked authority under the Act to determine ownership conclusively. On appeal, the Court of Appeals found the District Court's construction of Section 5 unacceptable. This Court did not believe that Congress intended to abdicate to state officials final determinations under Section 5 on ownership of wild free-roaming horses and burros on federal lands. Thus, the Court held that final role is reserved to the Federal Government. The judgment appealed from was reversed, and the case was remanded to the District Court.
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| Authorities confiscate night monkeys from FUCEP | Slideshow Images | ||||
| IN - Breeders - Rule 1. Commercial Dog Breeder and Broker Registration | Ind. Admin. Code tit. 345, r. 14-1-1 to 4 | 345 IAC 13-1-1 to 4 | This set of Indiana rules provides the rules for licensing and registration of commercial dog brokers and breeders. | Administrative | |
| TX - Animal Regulation - § 215.026. Animals at Large | V.T.C.A., Local Government Code § 215.026 | Tex. Loc. Gov't Code Ann. § 215.026 (West) | This statute gives municipalities in the state of Texas to establish and regulate pounds and the running at large of horses, mules, cattle, sheep, swine or goats. The statute also allows municipalities to handle the capture, impounding, and sale of any animal at large that is in violation of this statute. Municipalities may also impose penalties on the owner of the animal that is in violation of the statute. | Statute |