Anti-Cruelty

Displaying 901 - 910 of 964
Titlesort descending Summary
Towers-Hammon v Burnett


The respondent pleaded guilty to bashing several cats with an iron bar causing four deaths. The dead cats, along with one severely beaten but still alive kitten, were placed in a bag and disposed of in a charity clothing bin. On appeal, it was held that the trial judge failed to have sufficient regard to the callous nature of the respondent's actions and the respondent was sentenced to three months' imprisonment.
Town of Bethlehem v. Acker Plaintiffs seized approximately 65 dogs from the Society for the Prevention of Cruelty to Animals of Connecticut pursuant to a search and seizure warrant that had been issued on facts showing that the dogs, which were being kept in an uninsulated barn with an average temperature of 30 degrees Fahrenheit, were neglected, in violation of General Statutes § 22–329a. The trial court found that the smaller breed dogs were neglected, but found that larger breed dogs were not. On an appeal by plaintiffs and a cross appeal by defendants, the appeals court found: (1) the trial court applied the correct legal standards and properly determined that the smaller breed dogs were neglected and that the larger breed dogs were not neglected, even though all dogs were kept in a barn with an average temperature of 30 degrees Fahrenheit; (2) § 22–329a was not unconstitutionally vague because a person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit would constitute neglect; (3) the trial court did not err in declining to admit the rebuttal testimony offered by the defendants; and (4) the trial court did not err in granting the plaintiffs' request for injunctive relief and properly transferred ownership of the smaller breed dogs to the town. The appellate court, however, reversed the judgment of the trial court only with respect to its dispositional order, which directed the parties to determine among themselves which dogs were smaller breed dogs and which dogs were larger breed dogs, and remanded the case for further proceedings, consistent with this opinion.
Town of Plainville v. Almost Home Animal Rescue & Shelter, Inc. This is an appeal by the town of Plainville following the lower court's granting of defendant's motion to strike both counts of the plaintiffs' complaint. The complaint raised one count of negligence per se for defendant's failure to provide care for animals at its rescue facility. Count two centered on unjust enrichment for defendant's failure to reimburse the town for expenditures in caring for the seized animals. The facts arose in 2015 after plaintiff received numerous complaints that defendant's animal rescue was neglecting its animals. Upon visiting the rescue facility, the plaintiff observed that the conditions were unsanitary and the many animals unhealthy and in need of medical care. The plaintiff then seized 25 animals from defendant and provided care for the animals at the town's expense. Soon thereafter, plaintiffs commenced an action to determine the legal status of the animals and requiring the defendant to reimburse the town for care expenses. Prior to a trial on this matter, the parties reached a stipulation agreement that provided for adoption of the impounded animals by a third party, but contained no provision addressing reimbursement by the defendant to the town. Because there was no hearing on the merits of plaintiff's petition as to whether defendant had neglected or abused the animals for reimbursement under the anti-cruelty law, the court had no authority to order the defendant to reimburse the plaintiffs. Plaintiff then filed the instant action and the lower court held that each count failed to state a claim upon which relief can be granted. Specifically, the court held that, with respect to count one on negligence per se under § 53–247, the statute does not impose such liability on one who violates the law. Further, unjust enrichment is only available is there is no adequate remedy at law, and another law, § 22–329a (h), provides the exclusive remedy for the damages sought by the town. On appeal here, this court held that the court properly determined that the plaintiffs were not among the intended beneficiaries of § 53–247 and that that determination alone was sufficient to strike count one. The court found "absolutely no language in the statute, however, that discusses costs regarding the care of animals subjected to acts of abuse or neglect or whether violators of § 53–247 have any obligation to compensate a municipality or other party." Thus, plaintiffs could not rely upon § 53–247 as a basis for maintaining a negligence per se case against the defendant. As to count two, the court rejected plaintiffs' unjust enrichment claim. Because the right of recovery for unjust enrichment is equitable in nature, if a statute exists that provides a remedy at law, the equitable solution is unavailable. The court found that Section 22–329a provides a remedy for a municipality seeking to recover costs expended in caring for animals seized as a result of abuse and neglect. The stipulation agreement signed and agreed to by the parties contained no provision for reimbursement and settled the matter before there was an adjudication that the animals were abused or neglected. As a result, the judgment was affirmed.
Trimble v. State


In this Indiana case, the defendant was convicted after a bench trial of cruelty to an animal and harboring a non-immunized dog. On rehearing, the court found that the evidence was sufficient to show that defendant abandoned or neglected dog left in his care, so as to support conviction for cruelty to an animal. The court held that the evidence of Butchie's starved appearance, injured leg, and frost bitten extremities was sufficient to allow the trial judge to discount Trimble's testimony and infer that Trimble was responsible for feeding and caring for Butchie, and that he failed to do so.
TThe Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Appendix 2


This Appendix accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective."
Turner v Cole


RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years.
TX - Assault, sexual of animal - § 21.09. Bestiality This law represents Texas' prohibition on bestiality, which was enacted in 2017. A person commits this offense if he or she engages in listed contact with an animal. Additionally, a person violates this law if he or she: possesses or provides an animal for such purpose; organizes, promotes or participates in such conduct; permits such conduct at premises under his or her control; engages in conduct listed described in the presence of a child younger than 18 years of age; or advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described. Violation is a state jail felony unless the conduct is done in the presence of a child younger than 18 or the conduct results in serious bodily injury or death of the animal; the offense is a felony of the second degree in those cases.
TX - Counseling - § 54.0407. Cruelty to Animals: Counseling Required. For juveniles convicted under the Texas criminal animal cruelty statute (found at Tex. Penal Code § 42.09), psychological counseling is required.
TX - Cruelty - Chapter 821. Treatment and Disposition of Animals. This Texas section addresses the treatment of animals and disposition of cruelly treated animals.
TX - Cruelty - Chapter 829. Animal Control Officer Training This chapter concerns the appointment of animal control officers in Texas. The chapter requires that an animal control officer complete training, which includes at least a 12-hour basic animal control course and subsequent continuing education.

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