Federal

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American Society For The Prevention of Cruelty To Animals v. Ringling Brothers and Barnum & Bailey Circus


On Plaintiffs’ motion to compel discovery from Defendants, The United States District Court, District of Columbia, determined that “master schedules” and “performance reports” were not documents pertaining to the chaining of elephants, and/or describing practices and procedures for maintaining elephants on the train, and Plaintiffs were therefore not entitled to such documents. The Court could not determine whether certain audio tapes demanded by Plaintiffs pertained to the medical condition or health status of any Asian elephants in Defendants’ custody during a specified time-frame, or pertained to the investigation of Defendants’ operation conducted by the Department of Agriculture, without being given the opportunity to listen to and review the audio tapes. Plaintiffs’ mere speculation that Defendants hired an outside consulting firm to follow and/or counteract a previous employee’s efforts did not entitle Plaintiffs to any further judicial action.

AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, et al., Plaintiffs v. RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS, e


Plaintiffs-ASPCA filed suit against Ringling Brothers and Barnum & Bailey Circus and Feld Entertainment, Inc, under the citizen-suit provision of the Endangered Species Act. Plaintiffs allege that FEI routinely beats elephants, chains them for long periods of time, hits them with sharp bull hooks, breaks baby elephants with force to make them submissive, and forcibly removes baby elephants from their mothers before they are weaned. This conduct, plaintiffs contend, violates the "take" provision of the ESA.

American Society For The Prevention of Cruelty To Animals, v. Ringling Brothers and Barnum & Bailey Circus
Plaintiffs-ASPCA filed suit against Ringling Brothers and Barnum & Bailey Circus and Feld Entertainment, Inc, under the citizen-suit provision of the Endangered Species Act.  Plaintiffs allege that FEI routinely beats elephants, chains them for long periods of time, hits them with sharp bull hooks, breaks baby elephants with force to make them submissive, and forcibly removes baby elephants from their mothers before they are weaned. This conduct, plaintiffs contend, violates the "take" provision of the ESA. In the court's opinion regarding defendants' motion for summary judgment, the court held that the pre-Act exemption does not insulate defendant from claims of taking under the ESA. However, the court found that the captive-bred wildlife (CBW) permit held by defendant does not allow for challenge under a citizen-suit provision.
Amons v. District of Columbia


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.

Anderson v. City of Camden


Defendant Animal Control officers took Plaintiffs' two dogs pursuant to a pick-up order issued by a Magistrate of Kershaw County. The two dogs had a history of attacking other dogs and of running loose. Plaintiffs filed Fourth Amendment and South Carolina Tort Claims Act claims against Defendants. Court granted Defendants' motions for summary judgment because they did not violate a clearly established constitutional law, and were, therefore, entitled to qualified immunity from Plaintiffs' Fourth Amendment claim.

Anderson v. Creighton


Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home.

Anderson v. Evans


Concerned citizens and animal conservation groups brought an action against United States government, challenging the government's approval of quota for whale hunting by Makah Indian Tribe located in Washington state.  On appeal by the plaintiffs, the Court of Appeals held that the failure of the government to prepare an Environmental Impact Statement before approving a whale quota for the Makah Tribe violated National Environmental Policy Act (NEPA).  The court also found that the Marine Mammal Protection Act (MMPA) applied to tribe's proposed whale hunt, as the proposed whale takings were not excluded by the treaty with the tribe.

Anderson v. Evans


Advocacy groups challenged governments approval of quota for whale hunting by the Makah Indian Tribe.  The Court of Appeals held that in granting the quota, the government violated the NEPA by failing to prepare an impact statement, and, that the MMPA applied to the tribe's whale hunt.  REVERSED.

Andrews v. City of West Branch Iowa
Andrus v. Allard


The Court holds that the narrow exception in the BGEPA for "possession and transportation" of pre-existing eagles and eagle artifacts does not extend to sale of the those lawfully obtained artifacts.  The legislative history and plain language of the statute is clear on Congress' intent to prohibit any commerce in eagles.  This prohibition on commerce in eagle artifacts does not constitute an unconstitutional taking because the ability to sell the property is but one strand in the owner's bundle of property rights.  The denial of one property right does not automatically equate a taking.  For further discussion on the prohibition in commerce of pre-existing eagle artifacts, see

Detailed Discussion of Eagle Act.

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