Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Mouton v. State | 2008 WL 4709232 (Tex.App.-Texarkana) |
Defendant was convicted of cruelty to an animal, and sentenced to one year in jail, based upon witness testimony and photographs depicting several dogs in varying states of distress. On appeal, the Court of Appeals of Texas, Texarkana, found that the trial court did not err in denying Defendant’s motions for a directed verdict or for a new trial to the extent that both motions challenged evidentiary sufficiency, and that ineffective assistance of counsel had not been shown, because the Court could imagine strategic reasons on Defendant’s counsel’s part for not calling a particular witness to testify on Defendant’s behalf, and for allowing Defendant to testify in narrative form during the punishment phase. |
Case | ||
| In re: PATRICK D. HOCTOR | 54 Agric. Dec. 114 (1995) | 1995 WL 321500 (U.S.D.A.) |
Sanction in each case is to be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, giving appropriate weight to recommendations of administrative officials having responsibility for achieving congressional purpose. |
Case | |
| Dorman v. Satti | 678 F.Supp. 375 (D.Conn.,1988) | The federal district court here considered the constitutionality of Connecticut’s Hunter Harassment Act (Conn.Gen.Stat. Section 53a-183a) of 1985. The plaintiff was arrested under the Act after she approached hunters who were hunting waterfowl in public lands adjacent to her property and attempted to verbally dissuade them from hunting. The charge was ultimately dismissed, but plaintiff brought a Section 1983 action to adjudicate the constitutionality of the Act. In finding the Act unconstitutionally vague and overbroad, the Court found that it criminalized constitutionally protected speech. Specifically, the Court found that the Act failed to define “interference” and did not adequately limit the reach of “acts in preparation” to hunt. | Case | ||
| Brower v. Evans | 257 F.3d 1058 (2001) |
The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm. |
Case | ||
| Poarch Creek Band of Indians of Alabama. 8-6-31-Cruelty to Animals | Chapter VI, Title 8, Section 8-6-31 | Under Sec. 8-6-31, cruelty to animals is a Class A Misdemeanor. A person who, without justification, knowingly or negligently subjects an animal to mistreatment by actions defined in the statute commit the crime of cruelty to animals. | Statute | ||
| CA - Licenses - City dog license tags; compliance with division | West's Ann. Cal. Food & Agric. Code § 30502 | CA FOOD & AG § 30502 | This California statute provides that any dog tag issued pursuant to ordinance by a city or county will be valid provided it complies with this division, provides for the wearing of the license tag upon the collar of the dog, and provides for the keeping of a record which shall establish the identity of the person that owns or harbors the dog. | Statute | |
| Alliance for the Wild Rockies v. Salazar | 672 F.3d 1170 (9th Cir. 2012) | 2012 WL 834096 (9th Cir. 2012) | Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation. | Case | |
| Oberschlake v. Veterinary Assoc. Animal Hosp. | 785 N.E.2d 811 (Ohio App. 2 Dist.,2003) | 151 Ohio App.3d 741, 2003 -Ohio- 917 (Ohio App. 2 Dist.,2003) |
This is the story of “Poopi,” a dog who tried to sue for emotional distress and failed. As the court observed, "Whether or not one agrees with the view that pets are more than personal property, it is clear that Ohio does not recognize noneconomic damages for injury to companion animals." While the court noted that one Ohio case has apparently left open the door for recover of distress damages, "the mental anguish in such situations must be ‘so serious and of a nature that no reasonable man could be expected to endure it.’ Even conceding the bond between many humans and their pets, the burden is one that would be very difficult to meet." Indeed, the court found that the burden was not met here. |
Case | |
| Andrews v. City of West Branch Iowa | 454 F.3d 914 (8th Cir., 2006) |
Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial. |
Case | ||
| US - Wolf - Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains | FWSR6ES2008008; 9222011130000; C6 |
Reinstates the listing of the Western Great Lakes and Northern Rocky Mountains gray wolf populations in accordance with court orders. |
Administrative |