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Displaying 5841 - 5850 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| VA - Facility dog - § 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding | VA Code Ann. § 18.2-67.9:1 | VA ST § 18.2-313.1 | This Virginia law, enacted in 2018, allows either party in a criminal proceeding to apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television. A court may allow if it several factors are found by a preponderance of the evidence. In this section, a “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler. | Statute | |
| Wheatley v. Towers | 358 N.E.2d 971 (Ill.,1977) |
Plaintiff's dog was picked up by animal control for running-at-large. The plaintiff expressed his intent to reclaim the dog but before doing so the holding period expired and the dog was euthanized. The plaintiff sued the veterinarian for conversion. The court held that the euthanasia was not conversion because the impoundment ordinance gave the animal shelter a right to euthanize the dog after the holding period expired. |
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| UT - Animal Disease Control - R58. Animal Industry. | U.A.C. R58-1 | UT ADC R58-1 | These are the regulations for Utah's Control of Animal Disease Act. The regulation states, "It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE)." Included in the rule are all import requirements for all major livestock species as well as dogs, cats, and ferrets. The rule also covers exotic animals, zoological animals, and wildlife (section 18). | Administrative | |
| WA - Trespass - CHAPTER 16.04. TRESPASS OF ANIMALS-GENERAL | West's RCWA 16.04.005 - 100 | WA ST 16.04.005 - 100 | These Washington statutes pertain to trespassing livestock animals. They provide for liability of owners for damage caused by such animals.There are also notification requirements to owners of trespassing animals. | Statute | |
| NY - Endangered Species - Part 182. Endangered and Threatened Species of Fish and Wildlife | 6 NY ADC 182..1 - .17 | 6 NYCRR 182.1 - .17 | This set of New York regulations concerns endangered, threatened, and species of special concern. Section 182.5 provides a list of native species listed as endangered, threatened, or of special concern. Under Section 182.7, the department may issue a license to a person to transport, sell, import and/or possess a listed species for purposes it deems legitimate. | Administrative | |
| Recchia v. City of Los Angeles Dep't of Animal Servs. | 889 F.3d 553 (9th Cir. 2018) | 18 Cal. Daily Op. Serv. 3984, 2018 Daily Journal D.A.R. 3901 | Petitioner Recchia sued the City of Los Angeles and animal control officers for violations of the Fourth and Fourteenth Amendment and claims for state law tort violations. The claims arise from the 2011 warrantless seizure of Recchia's 20 birds (18 pigeons, one crow, and one seagull) kept in boxes and cages on the sidewalk where he lived (Recchia was homeless at the time). Animal control officers investigated Recchia after a complaint that a homeless man had birds at his campsite. Officers found cramped and dirty cages with several birds in "dire physical condition," although there is evidence the birds were in that condition before Recchia possessed them. After officers impounded the birds, a city veterinarian decided that all the pigeons needed to be euthanized due to concerns of pathogen transmission. Recchia discovered that the birds had been euthanized at his post-seizure hearing that was four days after impounded of the animals. At that hearing, the magistrate found the seizure was justified under the operative anti-neglect law (California Penal Code § 597.1(a)(1)). This § 1983 and state claim action followed. The district court adopted the magistrate judge's report and granted summary judgment for the defendants. On appeal, this court first examined whether the seizure of the healthy-looking birds was justified. The court held that hold that there was a genuine factual dispute about whether the healthy-looking birds posed any meaningful risk to other birds or humans at the time they were seized (it affirmed the dismissal as to the seizure of the birds that outwardly appeared sick/diseased). With regard to seizure of the birds without a pre-seizure hearing, the court applied the Matthews test to determine whether Recchia's rights were violated. Looking at the statute under which the birds were seized (Section 597.1), the court found that the law does afford adequate due process for Fourteenth Amendment purposes. As to other claims, the court granted Recchia permission to amend his complaint to challenge the city policy of not requiring a blood test before euthanizing the birds. The court also agreed with the lower court that the officers had discretionary immunity to state tort law claims of in seizing the animals. The district court's summary judgment was affirmed on Fourteenth Amendment and state tort claims against the officers, but vacated summary judgment on the Fourth Amendment claims against the animal control officers and constitutional claims against the city. | Case | |
| Breed Specific Legislation (BSL) |
Brief Summary of Breed Specific Legislation (BSL) |
Topical Introduction | |||
| TX - Cruelty - Chapter 821. Treatment and Disposition of Animals. | V. T. C. A., Health & Safety Code § 821.001 - 026; § 821.051 - 057; § 821.076 - 081; § 821.101 - 104 | TX HEALTH & S §§ 821.001 - 026; § 821.051 - 057; § 821.076 - 081; § 821.101 - 104 | This Texas section addresses the treatment of animals and disposition of cruelly treated animals. | Statute | |
| DE - Research - Subchapter VI. Research Animal Retirement Act | 16 Del.C. § 3090F - 3092F | DE ST TI 16 § 3090F - 3092F | The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups. When a research facility no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall either offer the animal to a rescue organization or shelter for adoption or offer it for adoption through private placement. | Statute | |
| Morehead v. Deitrich | 932 N.E.2d 1272 (Ind.App.,2010) | 2010 WL 3430525 |
Postal carrier sued landlord for negligence after tenant's dog bit her. The Court of Appeals affirmed summary judgment for defendant, holding that landlord did not have a duty to keep dog from biting postal carrier absent control over the property. |
Case |
