Federal

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Titlesort descending Summary
Bhogaita v. Altamonte Heights Condominium Assn. Appellee Ajit Bhogaita, who suffers from post-traumatic stress disorder (PTSD), filed suit against Appellant Altamonte Heights Condominium Association, Inc. ("Association") for violating the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and the Florida Fair Housing Act, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium. The jury awarded Bhogaita $5,000 in damages, and the district court awarded Bhogaita more than $100,000 in attorneys' fees. This court affirmed that decision finding that there was evidence that the Association constructively denied appellee's requested accommodation. In fact, the court opined, "Neither Bhogaita's silence in the face of requests for information the Association already had nor his failure to provide information irrelevant to the Association's determination can support an inference that the Association's delay reflected an attempt at meaningful review."
Bjugan v. State Farm Fire and Cas. Co.


After a house was damaged by a tenant’s 95 cats and 2 dogs, a landlord sought to recover expenses through State Farm Insurance. State Farm, however, denied the landlord coverage due to a provision in the insurance policy that excluded damages caused by domestic animals. In a diversity action brought by the landlord, the district court found the damage caused by the tenant’s cats fell within State Farm’s policy exclusion and therefore granted State Farm’s motion for summary judgment.

Black v. Coughlin


Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing.

Bogart v. Chapell


A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Born Free USA v. Norton


The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.

Brandon v. Village of Maywood


Plaintiffs brought § 1983 action against village and police officers after botched drug bust in which bystander and dog were wounded.  The court held that the police officers were entitled to qualified immunity in shooting of dog and the village did not have policies on police conduct that warranted liability.  However, issues of fact precluded summary judgment on false imprisonment claim based on officers' assertion of immunity.


Brief Summary of the Migratory Bird Treaty Act
Brinkley v. County of Flagler


Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.

Bronk v. Ineichen


Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions. 

Brower v. Daley


Based on the Secretary of Commerce’s decision to weaken the dolphin-safe standard, David Brower, Earth Island Institute, The Humane Society of the United States, and other individuals and organizations challenged the finding as arbitrary, capricious, an abuse of discretion, and contrary to law.  The District Court for the Northern District of California found that the Secretary’s Initial Finding was not in accordance with the law and was an abuse of discretion because the Secretary failed to properly consider these studies.

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