Anti-Cruelty
Displaying 391 - 400 of 970
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| IN - Cruelty - Section 429 Indian Penal Code 1860 | Killing, poisoning, maiming, or 'rendering useless' cattle, including elephants, or any other animal worth over fifty rupees, is a criminal offence. |
| IN - Vehicle - Chapter 30. Immunity for Removing a Domestic Animal from a Locked Motor Vehicle | This Indiana chapter on pets in motor vehicles was enacted in 2017. Under the chapter, "domestic animal" means a dog, cat or other vertebrate animal kept as a household pet (not including livestock). Section 34-30-30-3 provides that a person who forcibly enters a motor vehicle to remove a domestic animal from a motor vehicle is liable for one-half the cost of repairing the damage to the motor vehicle caused by the forcible entry. To meet this immunity, the person must reasonably believe that the domestic animal is in imminent danger of suffering serious bodily harm. The person must do all the following first: (1) determine the motor vehicle is locked and forcible entry is necessary to remove the domestic animal; (2) call 911 or attempt to contact law enforcement/animal control; (3) use no more force than is necessary to remove the domestic animal from the vehicle; and (4) remain with the animal until first responders or law enforcement arrive. The statute gives complete immunity from the costs of damage to any first responder, law enforcement/animal control officer, public safety government employee, or veterinary professional. Finally, the chapter immunizes the owner of the domestic animal from liability for bites or physical injury to the rescuer. |
| In re Clinton Cty. |
Synopsis from the court: County filed notice of claim, directed toward estate of cattle farmer who had passed away after he was charged with animal cruelty, seeking reimbursement for costs incurred in connection with care of seized cattle. The Surrogate's Court, Clinton County, Timothy J. Lawliss, J., held that: (1 ) county failed to establish that it was entitled to any relief based upon a theory of quantum meruit, and (2) even assuming that service providers, and thus county upon payment of service providers' bills, enriched farmer, county was not entitled to recover based upon a theory of unjust enrichment because criminal charges against farmer were dismissed upon his death. Notice of claim denied and dismissed. |
| In re Knippling |
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| In re Priv. Crim. Complaint Filed by Animal Outlook | Animal Outlook (“AO”) appealed from the order that dismissed its petition for review of the disapproval of the Franklin County District Attorney's Office (“DA”) of multiple private criminal complaints. The requested charges stem from information obtained from an undercover agent who was employed at Martin Farms, where she captured video of cruel mistreatment of animals on the farm that AO contends constituted criminal animal cruelty. These data were complied into a table of 327 incidents, a letter of support from a veterinarian, and a legal memorandum that detailed how these incidents violated Pennsylvania law. AO submitted the gathered information to the pertinent authorities in January 2019 and the Pennsylvania State Police (“PSP”) initiated an investigation which concluded more than a year later. Ultimately, the PSP issued a press release in March 2020 that indicated that the District Attorney had declined prosecution. After this, AO drafted private criminal complaints that were submitted to the Magisterial District Judge who concluded that the DA correctly determined that there was not enough evidence for prosecution. AO then filed a petition of review of the disapproval of its private complaints pursuant to Pa.R.Crim.P. 506(B)(1) before the trial court, which again dismissed AO petition for review. AO filed this appeal to the Superior Court of Pennsylvania. In reviewing the trial court's decision, the Superior Court found that the trial court committed multiple errors of law. First, the trial court did not view the evidence in the light most favorable to moving forward with a prosecution and gave too much credit to the evidence from the Martin Farms veterinarian versus the undercover agent's testimony. The trial court went beyond its role of determining whether the evidence proffered supported each element of the crime charged and instead gave impermissible weight and credibility to Martin Farms evidence. Second, the court made a point of noting that Martin Farms voluntarily changed its practices after the investigation, which had no bearing on the legal sufficiency for criminal charges. The trial court also addressed "only a hand-picked few of the alleged instances of abuse," especially with regard to ignoring the non-anesthetized dehorning of calves. Thus, this court found that AO provided sufficient evidence to show prima facie cases of neglect, cruelty, and aggravated cruelty with respect to the incidents. The court then analyzed whether the record supported a defense of "normal agricultural operations" defense that would counter the charges. This court found that incidents like the dehorning of cattle that already had horns fused to the skull and extreme tail twisting and shocking were sufficient to overcome the affirmative defense. The trial court's dismissal of AO's petition for review was reversed and the trial court was ordered to direct the DA to accept and transmit charges for prosecution. |
| 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." |
| In the MATTER OF the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE FOR 2021-2022 #16 | Opponents of an initiative in Colorado petitioned for a review of the Ballot Title Setting Board's decisions regarding the initiative's title, ballot title, and submission clause. The initiative proposed to amend the state's criminal animal cruelty statutes by ending certain exemptions for livestock, creating a safe harbor for their slaughter with certain conditions, and expanding the definition of "sexual act with an animal." The opponents alleged that the initiative violated the single subject requirement by covering multiple subjects. The Supreme Court reviewed the case and found that the central focus of the initiative was to extend animal cruelty statutes to cover livestock. The initiative's safe harbor provision for the slaughter of livestock did not violate the single subject rule. The initiative's expansion of the definition of "sexual act with an animal" violated the single subject rule. The Court reversed the lower court's decision. |
| In Their Own Right – Calling for Parity in Law for Animal Victims of Crimes | |
| Incidente de apelación en autos G. B., R. s/inf. ley 14346 | This is an appeal of a decision in first instance where the lower court gave the custody of 68 dogs to the Center for Prevention of Animal Cruelty. The 68 dogs were found in extremely poor conditions, sick, malnourished, dehydrated under the custody of the Defendant. Various dogs had dermatitis, conjunctivitis, otitis, sparse hair and boils, lacerations, pyoderma and ulcers. The officers that executed the search also found the decomposing body of a dead dog inside the premises. The lower court determined the defendant had mental disabilities, which did not allow her to comprehend the scope of her acts, for which she was not found guilty of animal cruelty. However, the court determined that she was not suited to care for the dogs. The Defendant appealed the decision arguing that the authorities were not entitled to seize the animals. |
| Intentional Cruelty to Zoo Bears (China) |
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