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Displaying 41 - 50 of 6637
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| People v. Brinkley | --- N.Y.S.3d ----, 2019 WL 3226728 (N.Y. App. Div. July 18, 2019) | Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed. | Case | |
| AFADA habeas corpus Cecilia | EXPTE. NRO. P-72.254/15 | “Abogados y Funcionarios de defensa Animal” (AFADA) brought a writ of habeas corpus on behalf of Cecilia, a 30 year old chimpanzee that lived in the Mendoza Zoo alleging that the chimpanzee had been illegitimately and arbitrarily deprived of her right to ambulatory freedom and right to have a dignified life on the part of authorities of the Zoo of the City of Mendoza, Argentina. The court granted habeas corpus to Cecilia, ruling that Cecilia was a living being with rights and instructing defendants to immediately free her and to relocate her to the Great Ape Project Sanctuary in Brazil. Until this moment, only humans illegally detained had been granted this writ. | Case | |
| TX - Equine Activity Liability - Chapter 87. Liability Arising from Equine Activities or Livestock Shows. | V. T. C. A., Civil Practice & Remedies Code § 87.001 - 005 | TX CIV PRAC & REM § 87.001 - 005 | This Texas section provides that all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm. The statute also requires the visible displaying of "clearly readable" warning signs that alert participants to the limitation of liability by law. | Statute |
| AK - Unalaska - Title 12: Animal Control (Chapter: 12.04: Animal Control) | Unalaska Code of Ordinances §§ 12.04.020, 12.04.150, 12.04.160 | Under this Unalaska, Alaska ordinance, a person who owns a seeing-eye dog, a hearing aid dog, or other aid dog is exempt from the license fees. Furthermore, this ordinance exempts such dogs from provisions that prohibit animals from entering certain places as long as the owner carries proper documentation certified by a recognized aid dog institution. | Local Ordinance | |
| Texas Attorney General Opinion No. JC-0048 | Tex. Atty. Gen. Op. JC-0048 |
Texas Attorney General Opinion regarding the issue of whether city ordinances are preempted by statutes that govern the treatment of animals. Specifically, the opinion discusses pigeon shoots. The opinion emphasizes that organized pigeon shoots are prohibited under Texas cruelty laws but that present wildlife laws allow the killing of feral pigeons. |
Case | |
| WV - Racing - Article 23. Horse and Dog Racing | W. Va. Code, § 19-23-9 - 19-23-30 | WV ST § 19-23-9 - § 19-23-30 | This Act requires a license from the West Virginia Racing Commission in order to conduct horse or dog racing. Anyone who participates or has anything to do with dog racing or horse racing at a licensed track, such as employees and horse/dog owners, must have a permit from the commission. This Act allows for the West Virginia Racing Commission to continue its existence as a public corporation. The Commission has full jurisdiction over and must supervise all horse and dog race meetings and all persons involved in the holding or conducting of horse and dog race meetings. Each county that already permits horse racing must vote and approve dog racing in order for the Commission to issue a license for a racing facility. | Statute |
| Sentencia C-283, 2014 | Sentencia C-283/14 | This is an unconstitutionality claim against Articles 1º, 2º and 3º of Ley 1638, 2013 that prohibit the use of native and exotic wild animals in circuses. Plaintiffs argued that these Articles violated numerous provisions of the Constitution, including the right to work, right to choose a profession, rights to culture and recreation, and a violation to the freedom private initiative of the owners of the circuses. In decision C-283, the court held that Congress has the power to prohibit certain cultural manifestations that involve animal cruelty. The Court stated that “culture needs to be permanently reevaluated so it can adapt to human evolution, to guarantee of rights and the fulfillment of duties. Especially when the purpose is to eliminate the traces of a marginalized society that has excluded certain individuals and collectives.” The court also stated that the duty to protect animals is not absolute, as its application can be limited by values, principles and constitutional norms in specific cases that are contradictory to the principales. The judge must analyze each case under a reasonableness test, in a way that cultural manifestations can work harmoniously with the rights, principles, and duties established in the legal system. The Court held Article 1 of Ley 1638, 2013 constitutional, and refrains from deciding on the constitutionality of Articles 2 and 3, for lack of evidence to render a decision. | Case | |
| WI - Dangerous dog - 174.11. Claims for damage by dogs to domestic animals including ranch mink | W. S. A. 174.11 | WI ST 174.11 | This Wisconsin provides that the owner of any domestic animal, including a ranch mink, which is attacked, chased, injured or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village or city in which the damage occurred. A hearing then occurs where witnesses may be subpoenaed under oath, and testimony relative to the claim is taken. The county board shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value. | Statute |
| PA - Equine - Chapter 13. Equine Activity. | 4 P.S. § 601 - 607 | PA ST 4 P.S. § 601 - 607 | These statutes comprise Pennsylvania's Equine Activity Act, which sent into effect on February 21, 2006. Under the law, liability for negligence shall only be barred where knowing voluntary assumption of risk is proven in a particular case. However, the Act provides immunity only where a sign that states, "You assume the risk of equine activities pursuant to Pennsylvania law," is conspicuously posted on the premises in two or more locations. | Statute |
| SuiÁa | impetraram este HABEAS CORPUS REPRESSIVO, em favor da chimpanzÈ "SuiÁa" (nome cientifico anthropopithecus troglodytes), macaca que se encontra enjaulada no Parque Zoobot‚nico Get˙lio Vargas (Jardim ZoolÛgico de Salvador), situado na Av. Ademar de Barros | Case |