Results
| Title | Citation | Alternate Citation | Summary | Type | ||||||
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| Viilo v. City of Milwaukee | 552 F. Supp. 2d 826 (E.D. Wis. 2008) | The court in this case denied summary judgement for the defendant after two police officers shot plaintiff’s dog four times which ultimately resulted in the dog’s death. The court denied summary judgment because it believed that there was a question as to a material fact of the case. The material fact in this case was whether or not the officers reasonably feared for their lives when the dog was shot the third and fourth time. After the dog was injured from the first two shots, there was inconsistent testimony as to whether the dog was still acting in an aggressive manner, which may have warranted the third and fourth shots. Due to the inconsistent testimony, the court held that a ruling of summary judgment was not appropriate. Defendants' motion for summary judgment was granted as to all claims except the claim that the third and fourth shots constituted an illegal seizure. | Case | |||||||
| LA - Dog Dangerous - Chapter 1. Criminal Code. | LA R.S. 14:102.14 | This Louisiana statute defines a "dangerous dog" as any dog which when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or any dog which, when unprovoked, bites a person causing an injury; or any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog. | Statute | |||||||
| Kautzman v. McDonald | 621 N.W.2d 871 (N.D. 2001) |
Plaintiffs sued defendants in their official capacities as law enforcement officers for shooting and killing their five dogs after the dogs escaped from plaintiffs' residence and began roaming the streets. The intentional infliction of emotional distress claim was dismissed because the court held that conduct could not reasonably be viewed as extreme and outrageous after receiving testimony that the dog were aggressive toward the officers. However, the court remanded the negligent infliction of emotional distress claim for further consideration. Plaintiffs asserted that two statutes conferred a duty upon the officers; one an anti-cruelty statute and the other a statute allowing officers to take custody of abandoned animals. |
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| Carter v. Ide | 188 S.E.2d 275 (Ga.App. 1972) | 125 Ga.App. 557 (Ga.App. 1972) |
This Georgia case involves an action for injuries received by a boy after he was attacked by the defendant's dog. The lower court granted summary judgment to the defendant and the plaintiffs appealed. The Court of Appeals held that where there was no showing that the dog ever so much as growled at a human being before the attack, the owner of dog was not liable for injuries. Evidence that the dog previously chased a cat and had engaged in a fight with another dog was insufficient to show the owner's knowledge of the dog's vicious tendencies toward humans to create liability for the owner.
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| RI - Importation, pets - 40-05-1.8. Importation of Dogs and Cats for the Purpose of Rescue, Shelter, Foster Care, | 250 RI ADC 40-05-1.8 | This Rhode Island regulation provides that any entities that import a dog or cat for rescue, adoption, foster care, brokering, and/or remote sales must register with the Department via the submittal of an application form provided by the Department. | Administrative | |||||||
| Derecho Animal Volume 9 Núm 3 |
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| World Law Overview |
Animal law is an emerging topic around the world. The Animal Legal & Historical Center houses laws, cases, and scholarly discussions on animal laws topics from across the globe. There are numerous ways to get to materials from countries around the world. |
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| Switzerland - Cruelty - Federal Act and Ordinance on Animal Cruelty | Swiss Animal Protection Ordinance 1981 |
The following is one of two pieces of Swiss legislation concerning animal welfare. It is highly comprehensive and covers all aspects of animal welfare including but not limited to scientific research, farming, treatment of pets, national and international animal sales. This Act clearly states that no one shall unjustifiably expose animals to pain, suffering, physical injury or fear. Regulations on Animal Welfare based on the Swiss Federal Act on Animal Protection. This piece of legislation is comprehensive, including laws on animal husbandry, animal research, companion animals, breeding, transport and slaughter. |
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| IA - Ordinances - 331.381. Duties relating to services | I. C. A. § 331.381 | IA ST § 331.381 | This Iowa statute states that the county board shall provide for the seizure, impoundment, and disposition of dogs in accordance with chapter 351. | Statute | ||||||
| Com. v. Linhares | 957 N.E.2d 243 (Mass.App.Ct., 2011) | 80 Mass.App.Ct. 819 (2011); 2011 WL 5517133 (Mass.App.Ct.) |
Defendant intentionally hit a duck with his car and was convicted of cruelty to animals. The conviction was upheld by the Appeals Court because all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain. Specific intent to cause harm is not required to support a conviction of cruelty to animals. |
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