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Title Citation Alternate Citation Agency Citation Summary Type
WA - Service Dogs - 162-38-105. Removal of dog guides and service animals. Wash. Admin. Code 162-38-105 WAC 162-38-105 This Washington regulation concerns trained guide dogs or service animals. It is an unfair practice to request that a trained dog guide or service animal be removed, unless the person can show: (a) that the presence, behavior or actions of that dog guide or service animal constitutes an unreasonable risk of injury or harm to property or other persons; and (b) a reasonable attempt to eliminate the behavior or actions of that dog guide or service animal that constitutes an unreasonable risk fails. Administrative
CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians West's Ann. Cal. Fish & G. Code § 5000 - 5062 CA FISH & G § 5000 - 5062 These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. Statute
AU - Wildlife - Nature Conservation Act 2002 (TAS) Nature Conservation Act 2002 No. 63 of 2002 31.12.2002

An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State,   to provide for the declaration of national parks and other reserved   land and for related purposes.

Statute
IN RE: MICHEAL McCALL AND KATHY McCALL 52 Agric. Dec. 986 (1993) 1993 WL 459890 (U.S.D.A.) This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. Case
Beasley v. Sorsaia 880 S.E.2d 875 (2022) 247 W.Va. 409 (W.Va., 2022) Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded. Case
AL - Lien, vet - § 35-11-390. Lien declared Ala. Code 1975 § 35-11-390 - 391 AL ST § 35-11-390 - 391 This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid. Statute
European Union - COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes Administrative
AK - Assistance Animal - Alaska's Assistance Animal/Guide Dog Laws A. S. § 09.65.150; 11.76.130; 11.76.133, 28.23.120 AK ST § 09.65.150; 11.76.130; 11.76.133, 28.23.120 The following statutes comprise the state's relevant assistance animal and guide dog laws. Statute
Sheldon Park Tenants v. ACHA The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability. Pleading
Amons v. District of Columbia 231 F. Supp 2d. 109 (D.D.C. 2002) 2002 WL 31455095 (D.D.C.)

Plaintiff filed a Section 1983 action against D.C. police officers alleging, inter alia , intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home.  The court found that the officers lacked probable cause for the warrantless entry into his home to make the arrest, the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation.

Case

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