Anti-Cruelty

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Titlesort descending Summary
Neita v. City of Chicago This case concerns a 42 U.S.C. § 1983 action arising from the warrantless seizure of a pit bull named Macy and the arrest of her owner, Vaughn Neita, for alleged violations of the Illinois Humane Care for Animals Act following an anonymous tip. The investigation was triggered by reports of a dog kept in inhumane conditions, specifically alleging the animal was tied up outside all day without shelter, food, or water in freezing weather. Upon arrival at the property, officers observed a fenced lot with parked vehicles where Macy was tethered to a truck bumper with two rope leashes, allowing her access to a custom-built plywood doghouse that contained an electric heater and bowls. The central animal law issue was whether the officers had probable cause to believe Neita violated the Act by failing to provide adequate shelter from the 19-degree Fahrenheit weather, sufficient unfrozen water, and by allegedly using a choke-type collar. The appellate court, reversing the grant of summary judgment on qualified immunity grounds, found genuine issues of material fact, noting Macy was a robust, muscular dog, her shelter was free of feces and lacked the snow accumulation present on other vehicles, and the officers' brief investigation failed to fully ascertain the adequacy of the heater or the type of collar. The court construed the Act's "adequate shelter" and "sufficient quantity" requirements through an objective, reasonable person lens but concluded the record did not support a finding of arguable probable cause as a matter of law, thereby reviving the plaintiff's Fourth Amendment claims for the unlawful seizure of the animal and false arrest. A dissenting opinion contended that the law was not clearly established in a fact-specific manner and would have found the officers were entitled to qualified immunity based on the conditions observed, including the frozen water bowl and the dog's exposure to the elements. The appellate court affirmed in part, reversed in part, and remanded the case for further proceedings.
Never Enough: Animal Hoarding Law ABSTRACT

Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the law might evolve to better manage and resolve these complex cases.
New Hampshire General Laws 1878: Trespasses, Malicious Acts, etc. The New Hampshire session laws from 1878, chapter 281, covers the state's cruelty to animals laws. Specifically, the law covers cruelty to animals and the treatment of animals during transportation.
New Hampshire Revised Statutes 1843: Offences Against Chastity, Decency and Morality Section 12 of Chapter 219 from New Hampshire Revised Statutes of 1843 covers cruelty to animals. Specifically, the statutes states what qualifies as cruelty to animals and the punishment for it.
New Jersey Revision of Statutes 1709-1877: Chapter XII Supplement: An act for the prevention of cruelty to animals. A supplement to the New Jersey Revision of Statutes for 1877. The supplement covered standing for officer's of New Jersey Society for the Prevention of Cruelty to Animals. In addition, the supplement addresses the question of jurisdiction for the enforcement the anti-cruelty laws.
New Jersey Revision of Statutes 1709-1877: Chapter XII: An act for the prevention of cruelty to animals. A compilation of the New Jersey anti-cruelty laws as of 1877. The laws covered include treatment of animals, penalties, and exceptions for scientific experiments.
New Jersey Society for Prevention of Cruelty to Animals v. Board of Education


In this action, the New Jersey Society for the Prevention of Cruelty to Animals, sought recovery against the Board of Education of the City of East Orange of penalties of the rate of $100 per alleged violation arising out of cancer-inducing experiments conducted by a student in its high school upon live chickens. By permission of the court, defendants, New Jersey Science Teachers’ Association and National Society for Medical Research Inc. were permitted by the court to participate as amicus curiae. The court found that because the board did not obtain authorization from the health department, an authorization which the health department did not think was needed, it was not thereby barred from performing living animal experimentation. The court concluded that the experiment at issue was not per se needless or unnecessary, and that such experiment did not fall within the ban of N.J. Stat. Ann. § 4:22-26 against needless mutilation, killing, or the infliction of unnecessary cruelty.
New Law to Ensure the Protection of Animals in Spain


This articles give an over view of the 2007 Spanish law for the protection of animals - In English.
New Law to Ensure the Protection of Animals in Spain Law 32/2007, of 7th November for the care of animals during their exploitation, transport, experimentation and sacrifice. The law is composed of a Preamble and is structured in three titles, and is completed by an additional provision and six final provisions. This Act provides, in compliance with the European Community mandate, a set of principles on the care of animals and a schedule of offences and penalties that gives legal effect to the obligations under current regulations. The Act also provides the foundation for the system of penalties. This is accomplished by establishing a common denominator policy under which the autonomous local communities may exercise their powers. That common denominator guarantees the consistency necessary for the operation of the applicable rules and ensures a minimum proportionality in the sanctions.
New York Consolidated Laws 1909: Sections 180-196 Article 16, entitled "Animals," concerns New York's Law about the treatment of animals from 1909. The act covers such topics as the keeping of animals for fighting to abandoning diseased or injured animals. In addition, the act provides definitions in section 180 for important words such as animal and torture.

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