Animal Law Review Volume 17, Issue 2 (Spring 2011)

The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth.  The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.

This section of the Eastern Band Cherokee Code describes the purpose of the Tribe's Animal Control Department. The Eastern Band Cherokee Animal Control Code includes Sections 19.1 through 19.7. Each section addresses a different topic within the Tribe's animal control, ranging from administrative purposes to restrictions and regulations.

In this § 1983 action, defendant kennel operator alleged taking of private property without just compensation, unreasonable search and seizure, and due process violations in relation to seizure of dogs, and that the local humane society conspired with government entities. On appeal of summary judgment for the defendants, the court found her claims against the county were barred, and that she failed to first exhaust her administrative remedies. The animal control officer was acting pursuant to a valid search warrant when she entered the property to seize the dogs, and, under an animal cruelty plea agreement, had authority to inspect Crawford's premises. With regard to the Humane Society defendants, the court found summary judgment proper because there was no evidence amounting to a civil conspiracy to seize the dogs for personal gain.