Anti-Cruelty

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Titlesort descending Summary
Maine: An Act against Sodomy and Bestiality. An Act concerning the punishment for Sodomy and Bestiality for Maine in 1821.
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.
Maldonado v. Franklin Trenton and Karina Franklin moved into a subdivision in San Antonio, Texas in September of 2017. Margarita Maldonado lived in the home immediately behind the Franklins’ house and could see into the Franklins’ backyard. Maldonado began complaining about the Franklins’ treatment of their dog. The Franklins left the dog outside 24 hours a day, seven days a week no matter what the weather was like. Maldonado also complained that the dog repeatedly whined and howled which kept her up at night causing her emotional distress. Maldonado went online expressing concern about the health and welfare of her neighbor’s dog, without naming any names. Mr. Franklin at some point saw the post and entered the conversation which lead to Mr. Franklin and Maldonado exchanging direct messages about the dog. Maldonado even placed a dog bed in the backyard for the dog as a gift. In December of 2017, the Franklins filed suit against Maldonado for invasion of privacy by intrusion and seclusion alleging that Maldonado was engaged in a campaign of systemic harassment over the alleged mistreatment of their dog. While the suit was pending, Maldonado contacted Animal Control Services several times to report that the dog was outside with the heat index over 100 degrees. Each time an animal control officer responded to the call they found no actionable neglect or abuse. In June of 2018, Maldonado picketed for five days by walking along the neighborhood sidewalks, including in front of the Franklins’ house, carrying signs such as “Bring the dog in,” and “If you’re hot, they’re hot.” The Franklins then amended their petition adding claims for slander, defamation, intentional infliction of emotional distress, and trespass. The trial court granted a temporary injunction against Maldonado, which was ultimately vacated on appeal. Maldonado filed a Anti-SLAPP motion and amended motion to dismiss the Franklins’ claims as targeting her First Amendment rights. The trial court did not rule on the motions within thirty days, so the motions were denied by operation of law. Maldonado appealed. The Court began its analysis by determining whether Maldonado’s motions were timely. Under the Texas Citizen’s Participation Act (TCPA) a motion to dismiss must be filed within sixty days of the legal action. The sixty-day deadline reset each time new factual allegations were alleged. Due to the fact that the Franklins had amended their petition three times and some of the amended petitions did not allege any new factual allegations, the only timely motions that Maldonado filed were for the Franklins’ claims for slander and libel. The Court then concluded that Maldonado’s verbal complaints to the Animal Control Service and online posts on community forums about the Franklins’ alleged mistreatment of their dog were communications made in connection with an issue related to a matter of public concern and were made in the exercise of free speech. Therefore, the TCPA applied to the Franklins’ slander and libel claims. The Court ultimately concluded that although Maldonado established that the TCPA applied to the slander and libel claims, the Franklins met their burden to establish a prima facie case on the slander and libel claims. Therefore, the Court ultimately concluded that Maldonado’s motion to dismiss the slander and libel claims were properly denied. The Court affirmed the trial court’s order and remanded the case to the trial court.
Malloy v. Cooper


Plaintiff owned a Gun Club and sponsored a pigeon shoot.

 

He challenged the constitutionality of a statute prohibiting the intentional wounding or killing of animals.  Held:  unconstitutionally vague.
Maloney v. State



The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to

Okla.


Stat. tit. 21, §

 

1685

(1971) and fined defendant. Defendant appealed. On appeal, the court held that

Okla.


Stat. tit. 21, §

 

1682

(1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.
Manila Conference on Animal Welfare
Mansbridge v Nichols


The appellant was convicted of seven offences under the Prevention of Cruelty to Animals Act 1986 (Vic) related to the appellant's treatment of merino sheep in her care. The appellant was successful in overturning three of the charges on the basis that they were latently duplicitous or ambiguous. The appellant was unsuccessful in arguing that the trial judge failed to give adequate reasons.
Man['s Best Friend] Does Not Live By Bread Alone: Imposing a Duty to Provide Veterinary Care
Martinez v. State


A jury may infer a culpable mental state ("intentionally and knowingly") from the circumstances surrounding the offense of cruelty to animals.
Maryland General Laws Supplement 1890-1898: Cruelty to Animals The Maryland General Laws supplement covers the additions to the Cruelty of Animals statutes for Maryland from 1890-1898. The amendments cover court procedure to implementation of specific laws for certain animals.

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