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Title Citation Alternate Citation Agency Citation Summary Type
People for Ethical Treatment of Animals, Inc. v. United States Department of Agriculture 60 F.Supp.3d 14 (D.D.C. 2014) On December 16, 2013, this Court issued an Opinion that dismissed a lawsuit brought by People for the Ethical Treatment of Animals alleging that the United States Department of Agriculture had unlawfully failed to implement the Animal Welfare Act with respect to birds. The Court found that the actions PETA sought to compel USDA to take—promulgating bird-specific regulations and enforcing the AWA against bird abusers—were committed to the agency's discretion by law. On January 13, 2014, PETA moved for reconsideration of the second part of that decision. PETA also asked, in the alternative, for leave to amend its Complaint. The government opposed both requests. Because the Court stands by its initial conclusions, and because leave to amend was not allowed at this juncture, it denied PETA's Motion. This case was appealed, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 797 F.3d 1087 (D.C. Cir., 2015). For a prior District Court case, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 7 F. Supp. 3d 1 (D.D.C. 2013) Case
CA - Cruelty - Part 11. Societies for the Prevention of Cruelty to Animals West's Ann. Cal. Corp. Code § 14500 - 14505 CA CORP § 14500 - 14505 This section of California laws concerns the formation and powers of societies for the prevention of cruelty to animals. Statute
EU - Transport - Council Regulation (EC) No 1/2005 on the protection of animals during transport Council Regulation (EC) No 1/2005

The text sets out to regulate transport of live vertebrate animals within the European Union (EU) where such transport is carried out as part of an economic activity. The aim is to prevent injury or undue suffering to animals and to ensure that they have appropriate conditions that meet their needs.

Statute
US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. 24 C.F.R. § 100.201 - 205 These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act. Administrative
Fallini v. Hodel 783 F.2d 1343 (9th Cir. 1986)

The Wild and Free-Roaming Horse Act does not require that wild horses be prevented from straying onto private land, only that they be removed if they do stray onto private land.  

Case
Barber v. Pennsylvania Dept. Agriculture Slip Copy, 2010 WL 1816760 (W.D.Pa.)

The plaintiffs in this Pennsylvania case are owners and operators of a non-profit animal rescue and kennel that houses housing about 500 dogs doing business in and throughout Fayette County, Pennsylvania. The current dispute stems from a series of inspections of the kennels that occurred throughout the 2007 calendar year. Plaintiffs allege that defendants conspired in violation of 42 U.S.C. § 1985, and that the PSPCA and the Bureau of Dog Law Enforcement (the inspection branch of the Dept. of Agriculture) failed to take reasonable steps to protect them from the conspiratorial activity in violation of 42 U.S .C. § 1986. Plaintiffs also state that the PSPCA and the Bureau violated various of their constitutional rights in contravention of 42 U.S.C. § 1983. The Plaintiffs also seek to hold the Defendants liable for malicious prosecution under 42 U.S .C. § 1983. Finally, other counts allege that Defendant Delenick sexually harassed Plaintiff Rachel Lappe-Biler in violation of 42 U.S.C. § 1983; that plaintiff Pauline Gladys Bryner-Lappe was assaulted and battered in contravention of 42 U.S.C. § 1983 and the Fourth Amendment; and that the defendants intentionally inflicted emotional distress. Defendants filed a motion to dismiss all claims.

Case
CÓDIGO PENAL PARA EL DISTRITO FEDERAL - Ciudad de Mexico Criminal Code - Mexico City Animal cruelty against any animal is considered a crime Under the Criminal Code of Mexico City since 2014. Chapter IV contains the provisions regarding the crimes committed by acts of cruelty or mistreatment against non-human animals. Article 350 BIS establishes that whoever intentionally mistreats or cruelly acts against any specimen of any animal species causing injury, damage, or alteration in their health will be punished with one to up to three years of imprisonment and three hundred to five hundred times the Units of Measure and Update. In addition, intentional acts of cruelty or mistreatment that cause the death of an animal will be punished with imprisonment from two years to up to six years and six hundred to twelve hundred times the Units of Measure and Update. Statute
Derecho Animal Volume 8 Núm 2

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Editorial

 

La Descosificación de los animales (I)

Teresa Giménez-Candela

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Policy
Gruber v. YMCA of Greater Indianapolis 34 N.E.3d 264 (Ind. Ct. App. 2015) 2015 WL 3534886 (Ind. Ct. App. 2015) An eleven-year-old boy was at a YMCA camp when a pig—which had never injured anyone or exhibited any dangerous propensities—stuck its head between the bars of its pen and grabbed the boy's hand, causing injuries. The boy and his mother sued the camp, and the camp filed a motion for summary judgment. The trial court granted summary judgment in favor of the camp. On appeal, the boy and his mother asked the court to change the standard for liability of owners of domestic animals to that of strict liability when the animal was not a cat or dog. Since the Indiana Supreme Court precedent was clear that this general rule applied to all domestic animals—and not just cats and dogs—the court declined their invitation to alter the standard. The trial court's entry of summary judgment in favor of the camp was therefore affirmed. Case
AZ - Ordinances - Lawful presence on private property defined (dogs) A. R. S. § 11-1026 AZ ST § 11-1026 This Arizona statute provides that a person is lawfully on a dog owner's property when he or she is there as an invitee or guest, or when in the performance of a duty imposed upon him by law of the state or United States, or by ordinances of a municipality in which such property is located. Statute

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