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Title Citation Alternate Citation Summary Type
CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians West's Ann. Cal. Fish & G. Code § 5000 - 5062 CA FISH & G § 5000 - 5062 These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. Statute
AU - Wildlife - Nature Conservation Act 2002 (TAS) Nature Conservation Act 2002 No. 63 of 2002 31.12.2002

An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State,   to provide for the declaration of national parks and other reserved   land and for related purposes.

Statute
IN RE: MICHEAL McCALL AND KATHY McCALL 52 Agric. Dec. 986 (1993) 1993 WL 459890 (U.S.D.A.) This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. 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
Donald HENDRICK and Concerned Citizens for True Horse Protection, Plaintiffs v. UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA”), and Animal and Plant Health Inspection Service (“Aphis”), Defendants. Slip Copy, 2007 WL 2900526 (W.D.Ky.)

This matter is before the Court on the motion of Defendant United States Department of Agriculture's Motion to Dismiss. The Horse Protection Act (HPA) is federal legislation which outlaws the practice of “soring” (harm to the feet or limbs of horses in order to enhance the attractiveness of a light-stepped or high-stepping gait during horse-show performances), which is a particular concern for the breed of Tennessee Walking Horses. Plaintiffs seek to have the Court define “sore” and “scar” beyond the definitions provided in the regulations (specifically the “scar rule”). The court found, however, that any alleged or threatened injury based on the HPA or the Scar Rule has not yet occurred. Mere uncertainty about the HPA and Scar Rule alone does not create an injury in fact.

Case
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
AK - Assistance Animal - Alaska's Assistance Animal/Guide Dog Laws A. S. § 09.65.150; 11.76.130; 11.76.133, 28.23.120 AK ST § 09.65.150; 11.76.130; 11.76.133, 28.23.120 The following statutes comprise the state's relevant assistance animal and guide dog laws. Statute
Sheldon Park Tenants v. ACHA The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability. Pleading
Amons v. District of Columbia 231 F. Supp 2d. 109 (D.D.C. 2002) 2002 WL 31455095 (D.D.C.)

Plaintiff filed a Section 1983 action against D.C. police officers alleging, inter alia , intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home.  The court found that the officers lacked probable cause for the warrantless entry into his home to make the arrest, the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation.

Case
People v. Flores 216 Cal. App. 4th 251, 156 Cal. Rptr. 3d 648 (Cal.App. 1 Dist.), review denied (Aug. 21, 2013) 13 Cal. Daily Op. Serv. 4775; 2013 WL 1944000 (Cal.App. 1 Dist.)

Defendant Flores appeals his conviction under Penal Code section 399 for allowing a " mischievous animal" owned by him to cause serious injury to another person. In this case, defendant's pit bull dog, "Blue,"attacked defendant's almost 90-year old neighbor on his own property causing deep injuries to his leg. Blue had been previously involved in three other incidents where he either tried to attack other dogs or acted aggressively toward other humans. As a result of these incidents, Sonoma County officials issued defendant a issued a potentially dangerous animal warning. On appeal, defendant argued that there was insufficient evidence that he acted without ordinary care in keeping his dog and that the victim-neighbor did not suffer a serious injury as defined by statute. The court found both of these arguments without merit. While defendant suggested that he acted with "ordinary care" by keeping the dog tethered and chained outside on the day of the incident, the court found the evidence showed Blue had broken free in the past and had "massive strength." Further, even though the potentially dangerous dog designation by the county did not mandate that Blue be kept inside or in a secure enclosure, the ordinance language provides this requirement. Leaving a dog with a history of unprovoked attacks chained next to a public sidewalk in a residential neighborhood supported the jury's conclusion that defendant did not act as reasonably careful person would in the same situation. As to the serious bodily injury claim, the court noted that although the law does not define the term, there was substantial medical evidence to support the jury's determination. Affirmed.

Case

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