Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| MA - Disaster Planning - Massachusetts Emergency Animal Annex | Comprehensive Emergency Management Plan (CEMP) | The Comprehensive Emergency Management Plan (CEMP) is an all hazards plan developed to address the natural and man-caused hazards that threaten Massachusetts. The CEMP and ESF Annexes describes the system that will be used in Massachusetts to prevent, prepare for, respond to, and recover from an emergency or disaster. It also identifies and assigns specific areas of responsibility for coordinating resources to support the response to an emergency or disaster. The Massachusetts Emergency Support Function 11 (MAESF-11) Agriculture, Animals and Natural Resources provides a framework for coordination and cooperation across state agencies and other organizations regarding the control and support of animal sheltering, search, rescue, recovery, and reunification needs and activities before, during, and after a disaster, or emergency. | Administrative | ||
| MX - Bird - Parrot Ban in Spanish (DECREE by which article 60 2 to the General Law of Wildlife) | artículo 60 Bis 2 a la Ley General de Vida Silvestre |
(Text of law in Spanish). The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
Statute | ||
| Gaetjens v. City of Loves Park | 4 F.4th 487 (7th Cir. 2021), reh'g denied (Aug. 12, 2021) | 2021 WL 2933597 | Plaintiff Gaetjens filed a § 1983 action against city, county, and various local government officials alleging that her Fourth Amendment rights were violated after officials entered and condemned her home and seized her 37 cats. Plaintiff was in the hospital at the time. Gaetjens lived in Loves Park, Illinois and bred cats in her home. On December 4, 2014, she visited her doctor and was told to go to the hospital because of high blood pressure. Later that day, the doctor could not locate Gaetjens, so she phoned Rosalie Eads (Gaetjens' neighbor who was listed as her emergency contact) to ask for help finding her. Eads called Gaetjens and knocked on her front door but got no response. The next day the neighbor could still not locate Gaetjens so Eads phoned the police from concern that Gaetjens might be experiencing a medical emergency. When police arrived, they asked Eads for Gaetjens key and entered the house. Intense odors of feces, urine, and a possibly decomposing body forced police back out of the home. The police called the fire department so that the home could be entered with breathing devices. While police did not find Gaetjens, they did find 37 cats. The house was ultimately condemned and animal control were able to impound the cats (except for four that died during or after impoundment). As it turns out, Gaetjens was at the hospital during this whole process. After learning of the impoundment, Gaetjens filed the instant action. The district court granted summary judgment to defendants. On appeal here, the Seventh Circuit considered whether the warrantless entry into Gaetjens home was reasonable based on exigent circumstances. Relying on a recent SCOTUS case that found absence from regular church service or a repeated failure to answer a phone call supported an emergency exception for a warrant, the Court noted that the "litany of concerning circumstances" in the case at bar "more than provided" a reasonable basis for entry. As to Plaintiff's challenge to the condemnation, the court also found it too was supported by the expertise of officials at the scene. As to the confiscation of the cats, the court noted that previous cases support the warrantless seizure of animals when officials reasonably believe the animals to be in imminent danger. The court found the imminent danger to be plain due to condemnation order on the house from noxious fumes. While the use of the "cat grabber" did lead to an unfortunate death of one cat, the overall seizure tactics were necessary and reasonable. Thus, the Court affirmed the judgment of the district court. | Case | |
| U.S. v. Braddock | Slip Copy, 2011 WL 327416 (C.A.4 (S.C.),2011) |
Defendant-appellants appealed their convictions following guilty pleas to offenses relating to illegal cockfighting and gambling activities. On appeal, they challenged the denial of their motion to dismiss for selective prosecution or, in the alternative, for discovery in support of their selective prosecution claim. In particular, appellants contend that district court should have dismissed the indictment or granted leave to obtain discovery because they, as Caucasians, were prosecuted federally, while two Hispanic co-conspirators and thirty-six Hispanic people arrested in connection with another cockfighting ring in Hampton County, South Carolina, faced only state charges. The Court of Appeals, Fourth Circuit, found that appellants failed to show that they were similarly situated to the Hispanic defendants who were not prosecuted on federal charges. |
Case | ||
| Williams v. Hill | 658 So.2d 381 (Ala.,1995) |
In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars. “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.” |
Case | ||
| In re Farm Sanctuary, Inc. and Gene Bauston, President | In 2002, the Florida Elections Commission received a sworn complaint alleging the Farm Sanctuary, Inc. (a non-profit organization dedicated to rescuing and protecting farm animals) violated Chapter 106, Florida statutes. The Commission staff investigated the allegations and based on the facts and conclusions of law contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that there is probable cause to charge the Respondent with 210 separate counts of violating Section 106.021(1), Florida Statutes, prohibiting a person from making contributions to or receiving contributions on behalf of a political committee except through the campaign treasurer. This document is the order of probable cause. | Pleading | |||
| Pennsylvania Statute Law 1920: Article 14: Criminal Law | 14 Pa. Stat. §§ 7700-7783 (1920) | Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921. The laws cover such topics as transportation of an animal to the powers of an agent from any anti-Cruelty society. | Statute | ||
| In re: MARJORIE WALKER, d/b/a LINN CREEK KENNEL | 2006 WL 2439003 (U.S.D.A.) |
Judicial Officer affirmed the Administrative Law Judge's decision that Marjorie Walker, d/b/a Linn Creek Kennel, violated the regulations of the Animal Welfare Act. The Judicial Officer stated that the Animal Welfare Act provides factors that must be considered when deciding the amount of civil penalty, and that the ability to pay the penalty is not a factor. Respondent was ordered to cease and desist from violating the regulations and standards, pay a $14,300 civil penalty, and the license was revoked . |
Case | ||
| CA - Initiatives - Proposition 4 (trapping) | Proposition 4 (1998) | This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote. | Statute | ||
| WI - Cruelty - Consolidated Cruelty Statutes | W. S. A. 951.01 - 18; W.S.A. 944.18 | WI ST. 951.01 - 18; WI ST 944.18 | This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals. | Statute |