Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| ROL:293-15 “La arrastrada de Freirina” | RIT No. 323-2014 | This is the case of a pregnant dog dragged by a truck. The defendants also assaulted and threatened two people that witnessed the event and attempted to stop it. The court found the three defendants guilty of animal cruelty and sentenced them to 61 days in jail and a fine of 2 UTM for these charges. Additional jail time and penalties were given on the charges of assault, threatening, and damage to property. | Case | |
| Britton v. Bruin | Not Reported in P.3d, 2016 WL 1019213 (N.M. Ct. App., 2016) | 2016 WL 1019213 (N.M. Ct. App. Feb. 22, 2016) | In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed. | Case |
| CT - Equine Activity Liability Statute - Chapter 925. Statutory Rights of Action and Defenses | C. G. S. A. § 52-557p | CT ST § 52-557p | This short Connecticut statute limits the liability of equine sponsors by providing that each person engaged in recreational equestrian activities assumes the risk for any injury arising out of the hazards inherent in equestrian sports. However, if the injury was proximately caused by the negligence of the person providing the horse or by the failure to guard or warn against a dangerous condition, use, structure or activity, liability if not limited by law. Another section (557s), enacted in 2014, states that, in any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, such horse, pony, donkey or mule shall not be found to belong to a species that possesses a naturally mischievous or vicious propensity. As such, there is no cause of action for strict liability brought against the owner of any horse, pony, donkey or mule to recover damages for any personal injury alleged to be caused by the animal. | Statute |
| AK - Conversation - Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation. | AS § 03.05.011, § 03.05.013, § 03.05.050, § 03.05.090, § 03.05.100 | AK ST § 03.05.011, § 03.05.013, § 03.05.050, § 03.05.090, § 03.05.100 | This set of Alaska laws sets forth the powers of the commissioner of environmental conservation. Additionally, the commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title. The penalties for violation of provisions under this chapter are also described. | Statute |
| State v. Wilson | 464 So.2d 667 (Fla.App. 2 Dist.,1985) | 10 Fla. L. Weekly 602 (Fla.App. 2 Dist.,1985) |
In this Florida case, the state appeals a county court order that granted appellee's motion to dismiss two counts of an information and which also declared a state statute to be unconstitutional. Defendant-appellee was arrested for having approximately seventy-seven poodles in cages in the back of a van without food, water and sufficient air. In her motion to dismiss, defendant-appellee alleged that the phrases “sufficient quantity of good and wholesome food and water” and “[k]eeps any animals in any enclosure without wholesome exercise and change of air” as contained in sections 828.13(2)(a) and (b) were void for vagueness. In reversing the lower court, this court held that the prohibitions against depriving an animal of sufficient food, water, air and exercise, when measured by common understanding and practice, are not unconstitutionally vague. |
Case |
| Palila v. Hawaii Dept. of Land and Natural Resources | Not Reported in F.Supp.2d, 2013 WL 1442485 (D.Hawai'i) |
Fearing potential prosecution under a county ordinance and a state statute for carrying out a Stipulated Order that protects an endangered species (the Palila), defendants, joined substantially by the plaintiffs, sought a motion for declaratory and injunctive relief. The district court granted the defendants’ motion because federal law, the Stipulated Order, preempted both state and county law. The court therefore stated that so long as defendants, or their duly-appointed agents, were acting to enforce the specific terms of the Stipulated Order, they may conduct an aerial sighting over the Palila's critical habitat and shoot any ungulates sighted in that area without fear of violating (1) Hawaii County Code §§ 14–111, –112, & 1–10(a); or (2) HRS § 263–10. |
Case | |
| Milke v. Ratcliff Animal Hospital, Inc. | 120 So.3d 343 (La.App. 2 Cir., 2013) | 48,130 (La. App. 2 Cir. 7/10/13) | This is an action for veterinary malpractice brought against a veterinarian and veterinary clinic, as well as an action for improper delay and bad faith dealing against the insurer of the veterinary clinic. Plaintiff brought this case after their 6-month old puppy died in the post-operative period following neutering surgery. Defendant veterinarian and clinic could not provide an exact cause of death, and the malpractice insurer that plaintiff was referred to denied plaintiff's malpractice claim. The district court granted summary judgment in favor of defendants, and plaintiff appealed. On appeal, the court found that the veterinarian and clinic did not commit malpractice and the insurer did not act in bad faith, and affirmed the judgment of the lower court. | Case |
| NY - Breed - § 3421. Homeowners' liability insurance; dogs | McKinney's Insurance Law § 3421 | NY INS § 3421 | This New York law provides that, with respect to homeowners' insurance policies, no insurer shall refuse to issue or renew, cancel, or charge or impose an increased premium or rate for such policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. This law does not prohibit an insurer from refusing to issue or cancel such insurance where a dog of any breed or mixed breeds has been declared a dangerous dog. | Statute |
| Animals and the Law |
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Policy | ||
| LA - Cruelty - § 89. Crime against nature | LSA-R.S. 14:89 | This Louisiana law makes it a crime against nature to engage in "unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal." This results in a penalty of a fine of not more than two thousand dollars, and imprisonment, with or without hard labor, for not more than five years, or both. In 2018, the legislature added a new section dedicated to sexual abuse of animals. | Statute |
