Anti-Cruelty: Related Pleadings

Pleading namesort descending Summary
American Society for the Prevention of Cruelty to Animals et al v. Ringling Brothers, et al,

This case involves the Ringling Brothers circus company’s mistreatment of elephants brought by the ASPCA. Plaintiffs alleged that the alleged routine beating, chaining, and other mistreatment amounted to an unlawful taking of an endangered species under the Endangered Species Act (ESA). Judge rejects defendants’ motion to dismiss and order the case to proceed.

ANIMAL LEGAL DEFENSE FUND, a California corporation, CHIMPANZEE COLLABORATORY, SARAH BAECKLER, AMAZING ANIMAL ACTORS, INC., a Ca Plaintiffs assert in their complaint that defendants, individuals and companies who use non-human primates in television and movie productions, engage in physical and psychological abuse of chimpanzees. According to plaintiffs, the abuse has been going on for years and includes violent beatings with sticks and other implements. Plaintiffs raise their first cause of action under the federal Endangered Species Act, contending that defendant's harassment, beating, and brutalization of the chimpanzees constitutes a "taking" under the ESA. Plaintiffs also raise causes of action under California law for specific recovery of property (e.g., the primates), conversion, violations under the California Business Code, and violations under the cruelty provisions of the California Penal Code.
Animal Legal Defense Fund, Wake County, A North Carolina Body Politic and Kelli Ferris, D.V.M., Plaintiffs v. Janie Conyers, Def Plaintiffs in this case consist of the Wake County Animal Care, Control, and Adoption Center and the local chapter of the ALDF. They seek preliminary and permanent injunctions pursuant to N.C. Gen. Stat. Secs. 19A-1 through 19A-4 against Defendant Janie Conyers, who was found to have 106 animals living in her house under deplorable conditions. Specifically, plaintiffs seek to enjoin Defendant from acquiring any animals for 10 years after entry of judgment in this action. Plaintiffs also moved for an order pursuant to N.C. Gen. Stat. 19A-4 terminating all possessory interests in the animals seized and awarding custody and possessory rights to the ALDF. Most of the animals suffer from severe chronic oral and skin conditions due to neglect. Included in the documents are affidavits from veterinary professionals and the director of Wake County Animal, Care, Control, and Adoption Center concerning both the conditions of the animals seized and the estimated costs of care for those animals during the pendency of the litigation.
CALIFORNIA VETERINARY MEDICAL ASSOCIATION, Plaintiff & Respondent, v. City of West Hollywood, Defendant & Appellant This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF" ), the Association of Veterinarians for Animal Rights (" A V AR" ), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as " de-clawing") of domestic animals within the City of West Hollywood. The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.” On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows.
Center for Animal Law and Advocacy v. Bryon F. Maggard The Center for Animal Law and Advocacy based on Dayton, Ohio sued the defendant, Bryon Maggard, for his actions taken against his dog, Sadie. On March 17, 2002, the defendant beat Sadie with a skillet, tried to hang her with an electrical cord, and then set her on fire. The Center, which initiates civil litigation on behalf of companion animals and their guardians in an attempt to elevate the legal status of such animals, sued for compensatory damages in the amount of $25,000 to cover costs of Sadie’s veterinary treatment and rehabilitation, and asked the court to prohibit defendant from owning any animals in the future. It should be noted that, according to news accounts, Maggard (age 19 at the time of the assault) received 30 days in jail, was fined $2,000, and was ordered to receive anger and alcohol counseling.
Chimps, Inc., International Primate League, and Marguerite Gordon v. Primarily Primates, Inc. Plaintiffs Chimps, Inc., International Primate Protection League, and Marguerite Gordon (collectively known as the plaintiffs) file this Complaint for declaratory relief, quantum meruit, and a lien for services against Defendant Primary Primates, Inc. (PPI). In this complaint, plaintiffs allege that PPI had over 700 animals, most of them nonhuman primates, living in abusive, substandard and dangerous conditions.
Habeas Corpus para Chimpanzé - Íntegra (portuguese) Heron J. de Santana e Luciano R. Santana ajuizar ação nos termos do art. 5 °, LXVIII, Constituição do Brasil. E, art. 647, Código de Processo Penal. Os peticionários buscar a Grande Writ em nome de Suíça, Chimpanzé (nome científico Pan Troglodytes), que é um prisioneiro no Zoológico de Getúlio Vargas, para alívio de ato ilegal e abusivo perpetrado por o diretor da Secretaria de Governo para a Biodiversidade, Meio Ambiente e da Água Recursos. Este é o primeiro caso de considerar que um chimpanzé pode ser uma pessoa jurídica de vir perante o tribunal no âmbito de um pedido de Habeas Corpus.
In the Matter of a Protective Order for Jean Marie Primrose - Cat Champion Corporation, Appellant v. Jean Marie Primrose, Respon This series of actions stemmed from the seizure of 11 cats from Jean Marie Primrose from her Linn County, Oregon home. The cats were neglected, thin, and missing patches of hair when they were removed from Ms. Primrose's home and placed in the custody of Cat Champion, a non-profit rescue organization. Ms. Primrose was charged with criminal animal neglect in the second degree, but the trial court dismissed those charges because she was found incompetent due to a cognitive impairment. Because the case was dismissed, the cats were not forfeited by law and Primrose remained the rightful owner. Further, Cat Champion had incurred a $32,510 debt in caring for the animals. In lieu of returning the cats to Ms. Primrose, who Cat Champions felt was incapable of adequately caring for them, Cat Champions filed a petition for a limited protective order as a fiduciary for the care and placement of the cats. The probate court ruled against Cat Champions, finding that nothing in the relevant chapter allowed the court to permanently divest Ms. Primrose of her personal property (the cats). On appeal, the Oregon Court of Appeals overturned the lower court's order and held that the probate court did indeed have authority to enter a limited protective order under ORS 125.650 as a "fiduciary necessary to implement a protective order."
Jon H. Hammer v. The American Kennel Club and Brittany Club of America, a/k/a The American Brittany Club, Inc.

Plaintiff, the owner of a Brittany Spaniel dog with an undocked tail, sought to enter his dog into AKC competitions. However, AKC standards stated that any tail substantially over four inches long would be "severely penalized." Plaintiff contended the practice of docking a dog’s tail (which oftentimes occurs without anesthesia or even under the proper care of a veterinarian) constituted an act of cruelty in violation of Agriculture and Markets Section 353 and was an arbitrary and capricious discriminatory standard. Plaintiff sought both declaratory relief declaring that the practice is illegal and discriminatory, and injunctive relief to enjoin the practice form being applied in New York and elsewhere.

Justice, an American Quarter Horse, by and through his Guardian, Kim MOSIMAN, Plaintiff, v. Gwendolyn VERCHER, Defendant. This Oregon complaint seeks economic and non-economic damages for Justice, an American Quarter Horse from Oregon, by and through his guardian. Justice suffered extreme pain, distress, and permanent injury due to the criminal neglect of Defendant Gwendolyn Vercher. According to the facts issued in the complaint, Defendant denied Justice adequate food and shelter for months, abandoning him to starve and freeze. As a result of this neglect, Justice was left debilitated and emaciated. Plaintiffs' attorneys plead negligence per se based on violation of Oregon's anti-cruelty statute. The attached opinion letter from Washington County Circuit Court grants defendant's motion to dismiss for lack of capacity to sue. In an issue of first impression, the court ruled that finding that a horse, or any nonhuman animal, has the capacity to sue would have "profound implications." In addition, the court found that a non-human animal lacks the capacity to "accept[] legal responsibilities." The court left it to the Oregon Legislature or the appellate court to wade into a policy debate on animal rights.
Legal Impact for Chickens v. Case Farms, LLC This reflects Plaintiff's Amended Complaint and Request for Injunctive Relief. In a press release, Plaintiff Legal Impact for Chickens states, "[t]oday, one of the country’s largest poultry producers and a KFC supplier, Case Farms, was sued by animal-welfare charity Legal Impact for Chickens (LIC) in Burke County District Court for its pattern of gross mismanagement and animal cruelty. The complaint comes on the heels of a 2021 undercover investigation by animal advocacy group Animal Outlook, revealing a trend of cruel and deadly abuse at a Morganton, N.C. Case Farms hatchery that processes more than 200,000 chicks daily. LIC accuses Case Farms of violating both industry standards and North Carolina law."
Maldonado v. Fontanes

This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly Spanish-speakers, were given notice of the new "no pet policy," which were written in English. During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This First Circuit affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed. Included in the pleading documents are plaintiffs' second amended complaint filed in 2007 and plaintiffs' brief filed in December 2008.

People of the State of New York v. Mary Dawn Sitors This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant.
Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida

The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets.

Sample Voir Dire Questions -- Horse Neglect Case, Noah's Arc Case

These are some sample voir dire questions. One from a horse neglect case; one is from the "Noah's Arc Case."

Sarah, Keeli, Ivy, Sheba, Darrell, Harper, Emma, Rain, Ulysses, Henry Melvyn Richardson, Stephany Harris, and Klaree Boose, plai In this case, plaintiffs are non-human primates and humans interested in their welfare. The primates were formerly part of a research program run at Ohio State University for cognition research (the OSU Chimpanzee Cognition Center). After funding ran out, OSU sold the chimpanzees to Primarily Primates Inc. (“PPI”), who held themselves out to be non-profit that acts a sanctuary for retiring animals. However, plaintiffs allege that the conditions in which the chimpanzees were housed were inadequate and proper care was not provided to the primates (several of the animals died in transit and at the facility). Plaintiffs sued for breach of contract or, in the alternative, a declaratory judgment that would transfer the animals to a new sanctuary because defendants’ actions are unlawful under Texas laws. Plaintiffs also sought a temporary restraining order that would allow a team of independent caretakers and veterinarians to assess the current conditions at PPI and prevent them from accepting any new primates, among other things.
The Humane Society of the United States, Plaintiff v. Amazon.com, Inc., JOHN DOE d/b/a UNDERGROUND, PITBULL BREEDERS ASSOCIATION The Plaintiff The Humane Society of the United States filed this complaint alleging unlawful trade practices pursuant to the Consumer Protection Procedures Act (“CPPA”), D.C. CODE ANN. § 28-3904. This action for statutory penalties and appropriate injunctive relief arises from Defendants’ purposeful marketing, sale, and shipment of graphic dog fighting videos and cockfighting magazines in violation of federal criminal prohibitions and District of Columbia animal welfare laws. The videos and magazines depict and/or describe actual animal cruelty, as well as animal fights staged for the purposes of: (1) producing and selling more copies of the videos for commercial gain; and (2) unlawfully promoting the criminal enterprises of dog fighting and cockfighting. In particular, the magazines contain hundreds of criminal solicitations and feature advertisements for fighting birds, fighting dogs, and other contraband that render them unlawful under the following statutory schemes: federal Animal Welfare Act, 7 U.S.C. § 2132 et seq .; the federal Depiction of Animal Cruelty Statute, 18 U.S.C. § 48; the D.C. Cruelty to Animals Statute, D.C. CODE ANN. §§ 22-1015(a)(1), (a)(5); the federal conspiracy statute, 18 U.S.C. § 371; and the D.C. conspiracy law, D.C. CODE ANN. § 22-1805a(a).
UNITED STATES of America v. Robert J. v. STEVENS, Appellant

The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.

UNITED STATES of America v. Robert J. v. STEVENS, Appellant

The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation. Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest. Cert. was granted in April of 2009 by the U.S. Supreme Court.

UNITED STATES OF AMERICA, Petitioner, v. Robert J. STEVENS

The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief by Stevens opposes the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.