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Title Citation Alternate Citation Summary Type
Dreyer v. Cyriacks 112 Cal.App. 279 (1931) 297 P. 35 (1931) Plaintiffs brought action against Defendant for damages after Defendant shot and killed Plaintiffs’ dog.   The Trial Court set aside a jury verdict granting Plaintiffs $100,000 in actual and $25,000 in punitive damages, on the ground that the verdict was excessive.   On appeal, the District Court of Appeal, First District, Division 1, California, affirmed the Trial Court decision, finding that the Trial Court was justified in holding that both the actual and punitive damages awards were grossly excessive, given the circumstances under which the incident occurred.   In making its decision, the Court of Appeal pointed out that, although this particular dog had been in the motion picture industry, dogs are nonetheless considered property, and as such, are to be ascertained in the same manner as other property, and not in the same manner as human life. Case
NV - Property - Chapter 193. General Provisions. N. R. S. 193.021 NV ST 193.021 Dogs, domestic animals and birds are considered personal property in Nevada. Statute
Lamare v. North Country Animal League 743 A.2d 598 (Vt. 1999)

Owners of a licensed dog that escaped while not wearing its tags filed an action against a local animal shelter that ultimately released the dog to others for adoption.  The court held that the town's actions fully complied with its animal control ordinance and that its ordinance provided ample notice to plaintiffs consistent with state law and due process requirements.

Case
People for the Ethical Treatment of Animals v. United States Dep't of Agric. & Animal & Plant Health Inspection Serv. 918 F.3d 151 (D.C. Cir. Mar. 15, 2019) 2019 WL 1212181 (D.C. Cir. Mar. 15, 2019) The plaintiffs, People for the Ethical Treatment of Animals, sought documents from the Animal and Plant Health Inspection Service (“APHIS”), the entity within the United States Department of Agriculture (“USDA”) that administers the Animal Welfare Act (“AWA”). The USDA took a large amount of documents off of its website relating to AWA compliance. The USDA claimed that the removal was for the purpose of removing certain personal information and although they did not say that the removal was temporary, the agency described the removal as provisional which suggests that it is temporary in nature. The plaintiffs filed suit asking for declaratory and injunctive relief and invoking a provision known as FOIA’s reading room provision (5 U.S.C. section 552(a)(2)). The provision requires that agencies make available for public inspection in an electronic format five categories of documents. The plaintiffs allege that the agency removed (1) research facility annual reports; (2) inspection reports; (3) lists of entities licensed under the AWA; and (4) regulatory correspondence and enforcement records that had not yet received final adjudication. Category 4 and the portion of category 2 consisting of animal inventories were dismissed and not discussed in this case. Categories 1-3 appeared to be reposted by the agency which is why the district court dismissed them as moot. The appeal centers on the reposted records and the dismissal of the plaintiff’s claims by the district court. Ultimately the Court held that for the reposted records featuring new redactions, the complaint was most plausibly read as requesting that USDA repost all information that those records contained before their takedown. The Court stated that the district court should proceed to the merits on remand. As to “voluntary cessation,” the Court affirmed the mootness dismissal as to the research reports but remanded for further explanation as to the inspection reports and the entity lists. If the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if USDA continues to regard its postings as voluntary. Case
MI - Newaygo - Breed - Sec. 6-9. Vicious dogs. (Pit Bull Ordinance) NEWAYGO, MI., CODE OF ORDINANCES § 6-9

In Newaygo, Michigan, it is unlawful to keep, harbor, own, or possess any pit bull dog or other vicious dog. Dogs registered as of the effective date of the ordinance may remain if the owner complies with  certain requirements, such as posting a "Beware of Dog" sign, taking photographs for identification purposes, and keeping the dog on a leash and using a muzzle. A violation may result in a fine or imprisonment. The dog may also be impounded, confined to the premises of the owner, removed from the city, or killed.

Local Ordinance
MD - Vehicles, unattended animals - § 21-1101. Unattended vehicle requirements MD Code, Transportation, § 21-1101 This Maryland law relates to unattended vehicles (i.e., a person must not leave a running motor vehicle unattended). When a cat or dog is left in the unattended vehicle of an on-duty law enforcement officer or an animal control officer, the provisions of that subsection do not apply to the law enforcement officer or the animal control officer. Statute
Rivero v. Humane Soc. of Fayette County Slip Copy, 2009 WL 18704 (W.D.Pa.) Plaintiffs brought action against Defendants under 42 U.S.C. § 1983 alleging Defendants violated their First and Fourth Amendment rights under the United States Constitution after Defendant dog control officers removed Plaintiffs’ dog from their home during an investigation into a report of a dead dog.   The United States District Court, W.D. Pennsylvania granted Defendant Township’s motion for partial summary judgment, finding that Plaintiffs’ allegations, standing alone, do not state a claim against Defendant-Township, and that Plaintiffs failed to provide any factual support for their state law claims. Case
RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats Gen.Laws 1956, § 4-22-1 - 10; § 4-24-1 - 13 RI ST § 4-22-1 - 10; § 4-24-1 - 13 These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification. Statute
MT - Lost Property - RIGHTS AND DUTIES OF FINDERS GENERALLY MCA 70-5-101 to 70-5-107 MT ST 70-5-101 to 70-5-107 This section comprises Montana's lost property provisions. Statute
COMMONWEALTH v. MASSINI 188 A.2d 816 (Pa.Super 1963) 200 Pa.Super. 257 (Pa.Super 1963)

In this Pennsylvania case, defendant was prosecuted for killing a cat that belonged to his neighbor. The section under which he was prosecuted prohibited the killing of a 'domestic animal of another person.' However, a cat was not one of the animals defined as a ‘domestic animal’ by the Act. Using rules of statutory interpretation, the court found that the omission of 'cat' from the listed species of the penal code provision was intentional by the legislature, and thus the defendant's sentence was discharged.

Case

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