Massachusetts

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Titlesort ascending Summary
Com v. Daly The Defendant Patrick Daly was convicted in the District Court of Norfolk County, Massachusetts of animal cruelty involving a “snippy," eight-pound Chihuahua. The incident occurred when Daly flung the dog out of an open sliding door and onto the deck of his home after the dog bit Daly’s daughter, which led to the dog's death. On appeal, defendant raised several arguments. He first challenged the animal cruelty statute as vague and overbroad because it failed to define the terms "kill," "unnecessary cruelty," or "cruelly beat." The court disregarded his claim, finding the terms of the statute were "sufficiently defined" such that a person would know that he or she "may not throw a dog on its leash onto a deck with force enough to cause the animal to fall off the deck, twelve feet to its death . . ." Defendant also claimed that a photo of his daughter's hand showing the injury from the dog bite was improperly excluded. However, the court found the defendant was not prejudiced by the judge's failure to admit the photo. Under a claim that his conduct was warranted, defendant argues that the jury was improperly instructed on this point. It should not have been instructed on defense of another because that relates only to defending against human beings and, instead, the jury should have been instructed on a defense of attack by an animal. The court found while there is no precedent in Massachusetts for such a claim, the rationale is the same as the given instruction, and defendant cannot complain that the jury was improperly instructed where he invited the instruction with his claims that his actions were necessary to protect his daughter. His other claims were also disregarded by the court and his judgment was affirmed.
City of Boston v. Erickson



This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.

American Dog Owners Ass'n, Inc. v. City of Lynn


This is an appeal by American Dog Owners Association from a judgment upholding two of three city of Lynn ordinances which restrict ownership of certain dogs within the city limits. The lower court found that one of three animal control ordinances regulating “pit bulls” was unconstitutional. First, the Supreme Judicial Court held that the first two ordinances were repealed by passage of third which was intended to treat subject of pit bulls comprehensively. However, the court found that the third ordinance which attempted to define pit bull by breed was unconstitutionally vague. The court stated that, "if identification by breed name does not provide sufficient ascertainable standards for enforcement, then the “definition” of “Pit Bull” in the fourth ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear 'common understanding and usage' of the term 'Pit Bull,' is not sufficiently definite to meet due process requirements."

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