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Title Citation Alternate Citation Agency Citation Summary Type
Bowden v. Monroe County Commission 800 S.E.2d 252 (W. Va. May 18, 2017) 239 W. Va. 214, 2017 WL 2224052 (W. Va. May 18, 2017) The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden. Case
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
State v. Cleve 980 P.2d 23 (N.M. 1999)

Defendant was convicted of two counts of cruelty to animals, two counts of unlawful hunting, and negligent use of firearm. On appeal, the Supreme Court held that "any animal," within meaning of animal cruelty statute, applied only to domesticated animals and wild animals previously reduced to captivity, and thus, the animal cruelty statute did not apply to defendant's conduct in snaring two deer.  The court also held that even if the Legislature had intended to protect wild animals in Section 30-18-1, New Mexico's laws governing hunting and fishing preempt the application of Section 30-18-1 to the taking of deer by Cleve in this case.

Case
Colombia, LEY 576, 2000, Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. LEY 576, 2000 This law reflects the Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. This law contains the guidelines and standards of the veterinary professions that must be followed by veterinarians and veterinary zoo technicians to avoid veterinary malpractice liability. Ley 576, prescribes the type of behaviors that are not allowed and the circumstances were such behaviors could take place. In addition, this law also creates the tribunal of professional ethics for these professions, and the legal procedure that must be followed by this tribunal in the undertaking of investigations and hearing of users’ complaints. Furthermore, this law regulates the ethical behavior, and responsibilities of the veterinary professionals towards their clients, other colleagues, veterinary assistants, natural resources, and professional associations. Statute
Animal Law Index Volume 18, Part 1

Animal Law Review, Volume 18, Issue 1 (Fall 2011)

ARTICLES

THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS

Policy
MS - Leash, Impound - Chapter 19. Health, Safety, and Welfare Miss. Code Ann. § 21-19-9 MS ST § 21-19-9 This Mississippi law grants broad powers to local units of government for animal control, including the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large, unless such dogs have proper identification. Statute
CA - Permits - CHAPTER 3. MISCELLANEOUS. Permits for Restricted Species 14 CA ADC s 671.1 - 671.6 14 CCR § 671.1 - 671.6 Permits are required for possession of restricted species, but the department does not issue permits for exotics pets. Administrative
ID - Veterinary - CHAPTER 21. VETERINARIANS. I.C. § 54-2101 - 2121 ID ST § 54-2101 - 2121 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute

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