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Displaying 21 - 30 of 6637
Title Citation Alternate Citation Summary Type
Canada - Canada Federal Statutes. Criminal Code. Part VIII -- Offences Against the Person and Reputation. Criminal Negligence. R.S.C. 1985, c. C-46, s. 219 - 221 The statutory definition of criminal negligence involves doing any act or omitting to do a legal duty that shows wanton or reckless disregard for the lives or safety of other persons. In alleged criminal cases, it is the State rather than the attack victim who lays the charges. Statute
TX - Police - Nonlethal responses to dog encounters V.T.C.A., Occupations Code §§ 1701.253; 1701.261; 1701.402 TX OCC §§ 1701.253; 1701.261; 1701.402 These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs. As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261.That section states that the commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses the handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters. Statute
Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals Slip Copy, 2008 WL 4442632 (E.D.Pa.)

Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.   On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.   Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.  

Case
Brown v. Muhlenberg Tp. 269 F.3d 205 (3rd Cir. 2001)

Pet owners were unreasonably deprived of their Fourth Amendment rights to their pet by police officer. Pennsylvania Court would recognize a claim for intentional infliction of emotional distress based upon the killing of a pet.

Case
Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes The following are the additional protocol to the European Convention on Farm Animals. The definition of "intensive stock farming systems" has been elaborated on. Additions concerning the confines of artificial breeding and the feeding of harmful things to animals through food or drink are also included. Treaty
AL - Dog Fighting - Activities relating to fighting of dogs prohibited; violations; confiscation; Ala. Code 1975 § 3-1-29 AL ST § 3-1-29 This Alabama statute constitutes the state's dogfighting law. Under the law, it is a class C felony for any person to own, possess, keep or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog; for amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other; or to permit any of the above acts. The law also makes it a class C felony to knowingly be present or be a spectator at dogfights. Statute
789-22-JH, Habeas Corpus - Cuqui Brown, the sloth 789-22-JH This is the case of Cuqui Brown, a sloth kept as a pet by a family in Ecuador. Cuqui Brown was seized by the authorities and transferred to a zoo. Plaintiff filed a Habeas Corpus against the Ministry of the Environment, alleging that Cuqui Brown was a family member, and requested that the court order the authorities to return Cuqui Brown to the plaintiff. In addition, plaintiff alleged that her rights and the rights of Cuqui were violated based on Estrellita's case that granted animals the status of subjects of rights. The court denied the Habeas Corpus, stating that the decision in Estrellita's case does not enable individuals to keep a wild animal or to request that a wild animal be returned to their possession. Instead, the Estrellita case recognizes the rights of wild animals based on aspects like their life, integrity, and their relationship with nature, not on the well-being or attachment of the person who removes them from their habitat to keep them as pets. Case
Animal Law Volume 13 Part 2 Index

 

Policy
Mayfield v. Bethards 826 F.3d 1252 (10th Cir. 2016) 2016 WL 3397503 (10th Cir. June 20, 2016) In this case, plaintiffs sued defendant, Officer Bethards, for unlawfully killing their pet dog Majka. Plaintiffs' dogs were lying in plaintiffs' unfenced front yard when the officers entered the yard and then followed the dogs to the back of the house, eventually killing one of the dogs. The plaintiffs argued that by unlawfully killing their dog, Officer Bethards violated their constitutional rights under the Fourth Amendment by entering the property without a warrant with the intention of killing the dogs. Officer Bethards moved to have the complaint dismissed for a failure to state a claim and the court denied this motion. Specifically, Officer Bethards argued that this was not a violation of the Fourth Amendment because the Fourth Amendment only applies to “effects,” which does not include dogs. The court disagreed, finding that Fourth Amendment protection for pet dogs is a clearly established right. Ultimately, the court held that the plaintiffs asserted facts sufficient to show a violation of their clearly established Fourth Amendment rights and the district court's order denying Deputy Bethards's motion to dismiss was affirmed. Case
US - AWA - 2002 Public Law 107-171 2002 PL 107-171 116 Stat. 491 Enacted January 23, 2002, the Farm Security and Rural Investment Act changed the definition of "animal" in the Animal Welfare Act to specifically exclude birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research. The law also addressed animal fighting ventures by making it a misdemeanor to ship a bird in interstate commerce for fighting purposes, or to sponsor to exhibit a bird in a fight that had been shipped for such purposes. Statute

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