Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 | ||
| Kovnat v. Xanterra Parks and Resorts | 770 F.3d 949 (10th Cir. 2014) |
In this case, Corrine Kovnat filed suit against Xanterra Parks and Resorts (Xanterra) alleging that it was negligent in connection with the injuries she sustained while horseback riding in Yellowstone National Park. Kovnat argued that Xanterra was negligent because the cinch on the saddle was too loose and her stirrups were uneven. The district court reviewed the issue and granted summary judgment in favor of defendant, Xanterra. The court held that under Wyoming’s Recreational Safety Act, Xanterra owed no duty of care to protect Kovnat from the injuries she sustained. Kovnat appealed the district court’s ruling and the court of appeals affirmed in part and denied in part the district court’s ruling. Ultimately, the court of appeals found that summary judgment was only proper for Kovnat’s claim regarding the loose cinch but was not proper for the issue of the uneven stirrups. The court of appeals came to this conclusion after examining the Recreational Safety Act and finding that Xanterra cannot be held liable for any risks that are “inherent to the sport of horseback riding.” The court determined that the loose cinch was a reasonable risk that was inherent to the sport of horseback riding while the uneven stirrups were not. For this reason, the court of appeals remanded the case for further proceedings with regard to the issue of the uneven stirrups. |
Case | ||
| Map of State Dog Tethering Laws | As of 2023, about twenty-three (23) states have laws that limit or otherwise control how owners can tether their dogs. Tethering or chaining a dog under most state laws means that a person ties a dog with a rope or line to a stationary object. While the laws themselves vary from state to state, they do have several consistent features. Some laws that address tethering allow a dog to be tethered for a reasonable period of time. Other states include tethering as part of their anti-cruelty chapters. Indiana defines “neglect” as restraining an animal for more than a brief period in a manner that endangers the animal's life or health by the use of a rope, chain, or tether. Some states specify the manner in which a dog must be tethered or chained (i.e., that a tether must be at least 6 feet long or at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail). This map gives links to these laws. | State map | |||
| New York Revised Statute 1881: Chapter 682: Section 26 | N.Y. Rev. Stat. ch. 682, § 26 (1881) | Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person. A person found harming such an animal would be guilty of a misdemeanor. | Statute | ||
| AL - Dog Fighting - Activities relating to fighting of dogs prohibited; violations; confiscation; | Ala. Code 1975 § 3-1-29 | AL ST § 3-1-29 | This Alabama statute constitutes the state's dogfighting law. Under the law, it is a class C felony for any person to own, possess, keep or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog; for amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other; or to permit any of the above acts. The law also makes it a class C felony to knowingly be present or be a spectator at dogfights. | Statute | |
| QUATTROCCHIO WANDA S/ MALTRATO ANIMAL - Argentina | QUATTROCCHIO WANDA S/ MALTRATO ANIMAL (Expte. Nº PEX 292565/21) | This is an animal cruelty case in which Wanda Quattrochio witnessed the defendant whipping the neighbor's dogs. Wanda recorded the events and filed a complaint about animal cruelty. The defendant was in charge of caring for the dogs while their owner was away. When the authorities arrived at the house to seize the dogs, they found six dogs in small dirty kennels, with unclean water and without food. After considering the testimony of witnesses and other evidence, the judge concluded that the defendant had violated articles 1-3 of the anti-cruelty law (Ley 14.346) and was found guilty of animal cruelty. In her analysis of the case, the judge stated that animals were not things or resources but rather living beings with the potential to be "subjects of life." | Case | ||
| Moreno v. Hughes | 157 F.Supp.3d 687 (E.D. Mich. Jan. 19, 2016) | 2016 WL 212932 | This § 1983 action arises from the shooting of Plaintiffs' dog by Defendant Ronald Hughes, a Michigan Department of Corrections Absconder Recovery Unit Investigator. Defendant shot Plaintiffs' dog after entering her house by mistake to execute a fugitive warrant. This proceeding concerns a Motion in Limine filed by defendant seeking an order that plaintiffs are not entitled to noneconomic losses for the pain and suffering they sustained as a result of Defendant shooting their dog. Defendant contends that damage to personal property (including dogs) is limited to market value only. In rejecting Defendant's argument, this court found that it is "beyond dispute" that compensatory damages under § 1983 may include noneconomic injuries. A Plaintiff's interests in § 1983 actions contain different policy considerations than in traditional negligence claims. In fact, the court stated that, "[p]rohibiting recovery for emotional damages stemming from the loss of, or harm to, an animal caused by a constitutional violation would conflict with the compensatory and deterrence aims of § 1983." Additionally, applying Michigan law on the issue of emotional damages for injury to an animal would create inconsistency in civil rights actions since other states allow such damages. The court found that the determination of both compensatory and punitive damages must be left to the fact finder for each case, including this one. Defendant's Motion in Limine was denied. | Case | |
| AL - Veterinarian Issues - Professional Rules of Conduct | AL ADC 930-X-1-.10 | Ala. Admin. Code r. 930-X-1-.10 | The following regulations represent the rules for professional conduct expected from Alabama veterinarians, including grounds for disciplinary action. | Administrative | |
| UNITED STATES of America v. Robert J. v. STEVENS, Appellant |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court. |
Pleading | |||
| In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation-MDL No.1993 United States Court of Appeals, District of Columbia Circuit. | 720 F.3d 354 (D.C. Cir. 2013) | 2013 WL 2991027 (D.C. Cir. 2013) |
Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment. |
Case |