Results
Displaying 121 - 130 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Powell v. Johnson | 855 F.Supp.2d 871 (D. Minn. 2012) | While searching for a person involved in a shooting, a police officer happened upon the plaintiff’s home and noticed the garage door and opening to the backyard were open. Upon finding nothing suspicious, he began to leave the area. The plaintiff’s dog caught sight of the officer and began walking toward him, eventually running towards him, the officer claimed. The officer then pulled out his service revolver and fired one shot, killing the dog instantly. The plaintiff claimed, inter alia, violations of his Fourth and Fourteenth Amendment rights, intentional infliction of emotional distress, and negligent hiring and supervision on the part of the officer and municipality. The court held that the plaintiff did not meet his burden in defeating the officer’s qualified immunity, as the officer’s account of the incident constituted a reasonable seizure. | Case | ||
| US - Eagles - Eagle Transportation Permits for American Indians and Public Institutions | 1999 WL 719395 (F.R.) |
This final rule revises the general eagle permit restrictions applicable to American Indians and public institutions. This final regulation provides for the issuance of eagle permits for transportation of lawfully possessed eagle parts into or out of the United States only when the eagle parts have a religious purpose, or when a public institution transports eagle parts for scientific or exhibition purposes. In these cases, we will require that the eagle parts be returned to the country of origin. We make this revision to address concerns expressed by American Indians and public institutions who have sought our permission to allow international travel of lawfully possessed eagle parts or items containing eagle parts. We have carefully considered the needs of science and education, the religious protections guaranteed by the United States Constitution, and the recommendations made by those responding to the proposed rule providing for Eagle Transportation Permits for American Indians and Public Institutions published Thursday, June 16, 1994 (Federal Register (59 FR 30892)). |
Administrative | ||
| IA - Dog as property - 351.25. Dog as property | I. C. A. § 351.25 | IA ST § 351.25 | This Iowa statute distinguishes between licensed and unlicensed dogs. Specifically, it provides that all dogs under six months of age, and all dogs over said age and wearing a collar with a valid rabies vaccination tag attached to the collar, shall be deemed property. Dogs not provided with a rabies vaccination tag shall not be deemed property. | Statute | |
| CA - Horse Tripping - Poling or tripping a horse; offenses; exceptions | West's Ann. Cal. Penal Code § 597g | CA PENAL § 597g | This section makes it a misdemeanor to pole or trip a horse for entertainment or sport. Poling is a method of training a horse to jump by forcing, persuading, or enticing a horse to lift its legs higher over a jump by hitting its front legs with a pole, rope, stick, etc. Tripping a horse is using a wire, pole, stick, rope, etc. to cause a horse to fall or lose its balance. | Statute | |
| Whittier Terrace Associates v. Hampshire | 532 N.E.2d 712 (Mass. 1989) |
Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation. |
Case | ||
| In re: JUDIE HANSEN | 57 Agric. Dec. 1072 (1998) | 1998 WL 872492 (U.S.D.A.) | Recommendations of administrative officials charged with responsibility for achieving congressional purpose of statute are highly relevant to any sanction to be imposed and are entitled to great weight in view of experience gained by administrative officials during their day-to-day supervision of regulated industry; however, recommendation of administrative officials as to sanction is not controlling, and in appropriate circumstances, sanction imposed may be considerably less, or different, than that recommended by administrative officials. | Case | |
| Am. Soc'y for the Prevention of Cruelty to Animals v. Animal & Plant Health Inspection Serv. | 60 F.4th 16 (2d Cir. 2023) | In 2019, Plaintiff-Appellant the American Society for the Prevention of Cruelty to Animals (“ASPCA”) sued Defendants-Appellees the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service (“APHIS”) alleging that APHIS followed a "policy or practice" of violating FOIA for failing to comply with requests for records related to the agency response to maintenance of animal welfare standards and licensing of animal dealers/exhibitors. This suit was prompted by APHIS' 2017 decommissioning of two public databases that allow users (including the ASPCA) to access records on commercial breeding facilities including inspection reports and photographs. APHIS contends that there was not a policy or practice that violated FOIA because it was corrected as the result of an intervening act of Congress, specifically, the Consolidated Appropriations Act of 2020. In April of 2020, APHIS moved for summary judgment on the pleadings arguing that ASPCA failed to state a policy or practice claim related to the decommissioned databases and that it makes every effort to respond to FOIA requests within the statutory timeframe. The district court granted the motion for summary judgment on the pleadings, finding that while the decommissioning of the databases did indeed impair the ability of the ASPCA to receive prompt FOIA requests, ASPCA did not establish that the court must intervene to correct such a policy or practice and Congress already acted to correct the breakdown through the appropriations bill. On ASPCA's timely appeal here, the Second Circuit agreed with the district court that the Consolidated Appropriations Act of 2020 reversed the records access problems. While the ASPCA contended that there were certain records like photographs that were removed from the database, there is nothing in the complaint to suggest that such record requests would not be processed in the future. In essence, this court agreed that the intervening act of Congress by the change in law corrected the action. Thus, a broad order by the court mandating changes to the FOIA process would amount to an unlawful advisory opinion because there is no policy or practice currently occurring by APHIS. The district court's judgment was affirmed. | Case | ||
| MI - Food animal - § 750.477a Sale of unlabelled horse and dog meat | M.C.L.A. 750.477a | Mich. Comp. Laws Ann. § 750.477a (West) | This Michigan statute makes it a misdemeanor for an individual to knowingly sell any horse or dog meat unless it is plainly labelled. | Statute | |
| FL - Liens - 713.65. Liens for care and maintenance of animals | West's F.S.A. § 713.50, 65, 655 | FL ST § 713.50, 65, 655 | These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals. | Statute | |
| US - Conservation - Fish and Wildlife Act of 1956 | 16 USC 742a - 742k | The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources. Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally. | Statute |