Anti-Cruelty

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MO - Veterinary - 20 CSR 2270-6.011 Rules of Professional Conduct Subsection 11 of the Rules of Professional Conduct for veterinarians provides that a licensee shall not reveal confidential, proprietary or privileged facts or data or any other sensitive information contained in a patient's medical records without the prior consent of the client except as otherwise authorized or required by law, regulation, or other order. The subsection specifically states that "[w]hen these situations [of abuse and neglect] cannot be resolved through education, the board considers it the responsibility of the veterinarian to report such cases to the appropriate authorities." Thus, the rule seems to create an ethical responsibility that mandates the reporting of abuse or neglect by veterinarians.
Mogensen v. Welch Plaintiffs owned and operated a zoo containing about 95 animals. Following complaints about suspected abuse and neglect of these animals, defendant executed a search warrant of the zoo. The search led to the seizure of many of these animals, including a tiger in such poor health that it needed to be euthanized. Following the seizure of these animals, plaintiffs filed a motion to argue that their due process rights were violated because a civil forfeiture hearing must be held no more than ten business days after the state seized the animals, and plaintiffs argue that ten days is too little time to prepare for the hearing. To succeed on the claim, plaintiffs must show that they are likely to suffer irreparable harm in the absence of preliminary relief, which they were unable to do because plaintiffs still have the right to appeal if the hearing does not go in their favor. Therefore, the court denied plaintiff's motion for a preliminary injunction.
Morgan v. State


Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff.  Defendant was convicted in a jury trial of cruelty to animals.  He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property.  The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be.
Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals


After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.
Mostek v. Genesee County Animal Control


Defendant officer removed a gravely-ill cat that needed veterinary care from Plaintiff's backyard. Plaintiff sued alleging Fourth Amendment claims pursuant to 42 U.S.C. § 1983. Plaintiff disclaimed ownership of the cat, thus her property rights were not violated by the seizure. Officer was shielded by the doctrine of qualified immunity, because animal control officers may enter property and remove animals that appear to be in danger.
Mouton v. State


Defendant was convicted of cruelty to an animal, and sentenced to one year in jail, based upon witness testimony and photographs depicting several dogs in varying states of distress.

 

On appeal, the Court of Appeals of Texas, Texarkana, found that the trial court did not err in denying Defendant’s motions for a directed verdict or for a new trial to the extent that both motions challenged evidentiary sufficiency, and that ineffective assistance of counsel had not been shown, because the Court could imagine strategic reasons on Defendant’s counsel’s part for not calling a particular witness to testify on Defendant’s behalf, and for allowing Defendant to testify in narrative form during the punishment phase.

 
Mouton v. State

San Antonio Animal Care Services (ACS) responded to a call about 36 pit bull terriers that were chained, significantly underweight, and dehydrated. The dogs also had scarring consistent with fighting. Police obtained a search warrant and coordinated with ACS to seize the dogs. While the dogs were being secured, Appellant Terrence Mouton arrived at the residence. He told the officers that he had been living at the residence for a couple of weeks, but that he did not own all of the dogs and was holding them for someone else. Mouton was convicted in the County Court of cruelty to non livestock animals. On appeal, Mouton argued that the trial court erred in denying his motion for directed verdict because the Appellee, the State of Texas, failed to prove that the animals were in his custody. The Court of Appeals affirmed the trial court’s judgment. The court held that there was sufficient evidence for a reasonable jury to find that Mouton was responsible for the health, safety, and welfare of the dogs on his property and that the dogs were subject to his care and control, regardless of whether he was the actual owner of each animal. A reasonable jury could have also found that Mouton was “aware of, but consciously disregarded, a substantial and unjustifiable risk” that he failed to provide proper nutrition, water, or shelter for the dogs.
MS - Cruelty - Consolidated Cruelty Statutes This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.
MT - Cruelty - Consolidated Cruelty Statutes This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals.
Myanmar - Animal Welfare - Animal Health and Development Law

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