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Title Citation Alternate Citation Agency Citation Summary Type
Balen v. Peltier (NOTICE: THIS OPINION IS DESIGNATED AS UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINN. ST. SEC. 480A.08(3). 2006 WL 163518 (Minn.App.2006) Not Reported in N.W.2d, 2006 WL 163518 (Minn.App.)

Plaintiff sued defendant for injuries she received after being thrown from defendant’s horse. Specifically, plaintiff argued that defendant knew or should have known of the horse’s “hazardous propensities” and therefore had a duty to protect plaintiff. In finding that there existed no special relationship between the parties to impart a duty to defendant, defendant’s motion for summary judgment was affirmed.

Case
Hoctor v. Dept of Agriculture 82 F.3d 165 (7th Cir. 1996)

A dealer raised exotic animals (mainly big cats), and USDA ordered that the dangerous ones be fenced, with fencing being a minimum of eight-feet high.   However, the animal housing standard only required that the fencing be sturdy enough to prevent the animals from escaping.   The eight-foot rule established by USDA was considered arbitrary, and it did not have to be followed.    

Case
AL - Lanett - Breed - Pit Bull Ordinance - Sec. 6-8 - Regulations regarding vicious dogs LANETT, AL., CODE OF CITY ORDINANCES, § 6-8 (2005)

In Lanett, Alabama, it is unlawful to keep, harbor, own, or possess any pit bull or presa canario dog. Dogs that were within the city on the effective date may be kept within the city subject to certain requirements, such as keeping the dog properly confined, using a leash and muzzle, posting a “Beware of dog” sign, the maintenance of liability insurance of $100,000, and the taking of identification photographs. A violation of the chapter is a misdemeanor, and could result in a fine up to $500 and/or imprisonment up to 30 days under Section 6-13.

Local Ordinance
TN - Wildlife, possession - Chapter 1660-01-18. Rules and Regulations of Live Wildlife TN ADC 1660-01-18-.01 to .06 Tenn. Comp. R. & Regs. 1660-01-18-.01 to .06 These Tennessee regulations outline the requirements for importation and possession of captive wildlife. The species of wildlife for each class of wildlife are described. Facilities for Class I wildlife are provided, which include specific requirements for Class I Felidae or Ursidae. The Class I qualification test requirements are also stated. Administrative
State v. McDonald 110 P.3d 149 (Ut. 2005) 2005 UT App. 86

A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer.  The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time,  two years of formal probation, and twelve and a half years of informal probation.  The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority. 

Case
UK - Wildlife Trade - Ivory Act 2018 Chapter 30 This Act prohibits commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes to and from the UK. This includes: buying, selling and hiring ivory; offering or arranging to buy, sell or hire ivory; keeping ivory for sale or hire; exporting ivory from, and importing ivory to the United Kingdom for sale or hire. Minor exemptions include: pre-1918 items of outstanding artistic etc value and importance; pre-1975 musical instruments; and acquisition of items by qualifying museums. Statute
Sentencia T-622, 2016 Sentencia T-622/16

This is not a judicial decision that touches on animal welfare issues. However, it is important to mention as the Constitutional Court granted for the first time the status of legal person to a river. The Plaintiff, ‘Centro de Estudios para la Justicia Social “Tierra Digna”’ brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) in representation of various community councils of the Atrato region in the Colombian Pacific against the Presidency of the Republic and others. The basin of the Atrato river covers and area of about 40,000 KM2 (15,444.086 sq mi) It is considered one of the highest water yields in the world. There are many ethnic communities that live in the adjoined municipalities that include Afro-Colombian communities, indigenous communities and mixed communities that obtain their sustenance from activities such as artisanal mining, agriculture, hunting and fishing by this river. The water of the river is also used for direct consumption. The Plaintiff alleged that the contamination of the river is a threat to the health of the communities that use the river as a source of work, recreation and to obtain food. The Plaintiffs sought that the court stop the large-scale and permanent use of illegal extraction methods of minerals such as gold and platinum. Additionally, logging that includes the use of heavy machinery and highly toxic substances such as mercury and cyanide as well as other toxic chemicals used in mining of the Atrato river. They argued that the illegal mining in the Atrato river was resulting in harmful and irreversible consequences on the environment, affecting the fundamental rights of ethnic communities that live in the area and the natural balance of the territory. For these reasons, the Plaintiffs asked the court to declare protection of the fundamental rights of the ethnic communities: life, health, water, food security, a healthy living environment, to culture and to the territory, by ordering the implementation of structural changes. The lower courts denied the action of ‘tutela’ in first and second instance, arguing that the Plaintiff sought the protection of collective rights, rather than fundamental rights. Therefore, this constitutional mechanism was not appropriate. After holding that the action of ‘tutela’ was the appropriate mechanism for the protection of the fundamental rights of the ethnic communities, the court established in its ruling that the right to water was a fundamental right, as it is a necessary component to the right to a dignified life, and it is essential for many organisms that inhabit the planet to be able to survive. The use of mercury and other toxic substances in mining activities is prohibited, regardless the legality of the activity. In a new approach, the court held that the Atrato river is subject to rights that imply its protection, conservation and maintenance and instructs the national government to be the guardian and to exercise the river’s legal representation through the president or whichever he appointed, along with the ethnic communities that inhabit the basin of the river. Thus, it guarantees the Atrato river is represented by a member of these communities and a delegate of the Colombian government.

Case
PA - Fur - Dog and Cat Product Act 73 P.S. § 210-1 to 7 This set of laws represents the Dog and Cat Product Act. The act provides that no person shall sell or offer for sale, wholesale or retail, the fur, skin or hair of a dog or cat or any product or part of a product containing the fur, skin or hair of a dog or cat. Violation of the act commits a misdemeanor of the third degree. Subsequent offenses committed within five years of a prior conviction for the same offense constitutes a misdemeanor of the first degree. Statute
Davis v. Animal Control–City of Evansville 948 N.E.2d 1161 (Ind., 2011) 2011 WL 2493762 (Ind.)

Dog attack victim sued city and its animal control department, seeking damages for injuries he sustained from a dog attack in his neighborhood. The victim claimed that the city failed to enforce its animal control ordinance. The Supreme Court held that city and its animal control department had law enforcement immunity because the Tort Claims Act provided immunity to governmental entities for any loss due to failure to enforce a law.

Case
IN RE: DONALD STUMBO, D/B/A STUMBO FARMS 43 Agric. Dec. 1079 (U.S.D.A.) 1984 WL 54981 (U.S.D.A.)

Imposition of $4,000 civil penalty was appropriate under 7 USCS § 2149(b) where respondent committed numerous, serious violations of Animal Welfare Act, respondent handled large number of animals, and violations continued after respondent was advised in writing of violations and given opportunity to correct them.

Case

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