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Plaintiff, proceeding pro se, has brought this Bivens action seeking to hold government agents liable in their individual capacities for alleged constitutional violations under the AWA. Plaintiff lost his Class A license of a dealer under the AWA, due to failure to submit the required license fee and annual report.  The court held that, even construing plaintiff's allegations in the light most favorable to him, Mr. Daul appears merely to allege without proof that each of these defendants exceeded the scope of his authority.  Thus, plaintiff's conclusory allegations failed to show that any defendant violated any clearly established constitutional or statutory right.  The named defendants from the USDA were also granted both absolute and qualified immunity in the decision.

In this case, Michael A. Baker appealed the trial court’s decision regarding property distribution and visitation rights with regard to his two dogs, Grace and Roxy, following his divorce from Kimberly K. Enders. The trial court awarded custody of both dogs to Enders and denied Baker any visitation rights. In making its decision, the trial court relied on a New York case in which the New York Supreme Court did not allow dog visitation. (Travis v. Murray, 42 Misc.3d 447, 977 N.Y.S.2d 621, 631 (N.Y.Sup.Ct.2013). The New York Supreme Court refused to apply the “best interests of the dog” standard and instead applied a “best for all standard,” holding that “household pets enjoy a status greater than mere chattel.” Baker appealed the trial court’s decision arguing that Illinois courts have the authority to order pet visitation. On appeal, the court determined that there was no case law to suggest that an Illinois court had ever addressed the issue of dog visitation. As a result, the court found that the trial court was well within its discretion to apply the standard used in the New York case. Additionally, the court of appeals applied the statutory definition of “dog owner” in Illinois and determined that Enders was the dogs’ rightful owner. The Illinois statute defined owner as “any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian.” The court found that because the dogs were left in Ender’s care following the divorce, she is the one who “keeps or harbors” the dogs and is therefore the owner. Ultimately, the court affirmed the trial court’s decision and denied Baker visitation rights.

Defendants, secretary and government agencies, appealed the decision fo the United States District Court for the Southern District of California, in favor of plaintiff captains invalidating an agency regulation pertaining to the taking and related acts incidental to commercial fishing.