Indiana

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Titlesort ascending Summary
Boss v. State
Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs. 
Barnes v. City of Anderson


Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.  

Baker v. Middleton (unpublished opinion)
Anderson v. State (Unpublished)


After shooting a pet dog to prevent harm to Defendant's own dog, Defendant challenges his animal cruelty conviction.  Defendant argues that since he was attempting to kill the dog, he did not intend to torture or mutilate the dog within the meaning of the statute.  The court affirms his conviction, reasoning that the evidentiary record below supported his conviction.

AKERS v. SELLERS


This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.

Liddle v. Clark In November of 2005 DNR issued an emergency rule that authorized park managers to permit individuals to trap racoons during Indiana’s official trapping season which it reissued on an annual basis from 2007 to 2013. Harry Bloom, a security officer at Versailles State Park (VSP) began installing his own lethal traps with the authorization from the park’s manager. The park manager did not keep track of where the traps were placed nor did Bloom post any signs to warn people of the traps due to fear of theft. As a result, Melodie Liddle’s dog, Copper, died in a concealed animal trap in the park. Liddle filed suit against several state officials and asked the court to declare the state-issued emergency rules governing trapping in state parks invalid. The trial court awarded damages to Liddle for the loss of her dog. Liddle appealed the trial court’s ruling on summary judgment limiting the calculation of damages and denying her request for declaratory judgment. On appeal, Liddle claimed that the trial court erred in ruling in favor of DNR for declaratory judgment on the emergency trapping rules and in excluding sentimental value from Liddle’s calculation of damages. The Court concluded that Liddle’s claim for declaratory relief was moot because the 2012 and 2013 versions of the emergency rule were expired and no longer in effect. The Court also concluded that recovery of a pet is limited to fair market-value since animals are considered personal property under Indiana law. The Court ultimately affirmed the trial court’s ruling.

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