Anti-Cruelty

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Titlesort descending Summary
Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals


 Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against  the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
Brown v. State Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care.
Browning v. State


The Brownings were each charged with 32 counts of animal cruelty and convicted of five counts for their failure to provide adequate nutrition and veterinary care to their horses and cattle.  As a result, Cass County seized and boarded several of their animals at a significant cost to the county.  Although only five of those horses and cattle were ultimately deemed to be the subject of the defendants' cruelty, the appellate court affirmed the order requiring the Brownings to reimburse the county for boarding and caring for the horses and cattle during the proceedings totaling approximately $14,000 in fines and costs.
Bueckner v. Hamel


Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
BULLHOOKS AND THE LAW: IS PAIN AND SUFFERING THE ELEPHANT IN THE ROOM?
C., M. M. M. s/ Denuncia Maltrato Animal; seguidos contra E. P. S., D.N.I. N° X- Causa Tita This court decision has two important aspects, where the judge recognizes families as multispecies, and non-human animals as sentient beings and subjects of rights. The facts of this case arose from a fatal encounter between the police officer and "Tita," a Pitbull-mix family dog, in March 2020 in the Province of Chubut in Argentina. "Tita" attacked an on-duty police officer, and, when Tita was walking away, the officer shot her in front of her family. The injury was so severe that Tita had to ultimately be put down. The judge, in this case, found that Tita was a non-human person and a daughter to her human family, as she and other companion animals had adapted so well to the family life, that it had turned the family into a multispecies one. Therefore, the loss of Tita was an irreparable one. The judge further stated that in today's world animals are not "things," they are sentient beings and they have the right that their life is respected. The holding of the court was also based on the case of Sandra, the orangutan, and the Universal declaration of animal rights. The police officer was sentenced to one year of suspended imprisonment, professional disqualification for two years, and to pay the attorney and court fees for the crimes of abuse of authority and damages. However, he was acquitted of the animal cruelty charges. Update: In September 2022, the Chubut's criminal chamber of the Superior Court of Justice (the highest tribunal in the province) heard the case on appeal. The court affirmed the verdict of the Trelew’s criminal chamber that set aside the guilty verdict entered against the police officer.
The highest tribunal found that, at the incident, Tita was unleashed and unmuzzled. Also, she was aggressive toward the officer, barking and charging at him before he shot her. The tribunal concluded that the officer found himself in imminent danger, which justified his actions, and therefore, he was not guilty as he acted to defend himself. The tribunal found that Sandra's case and the Universal declaration of animal rights did not apply to Tita's case because there were circumstances in which it is necessary to end the life of an animal, and Sandra’s case was brought up as a habeas corpus on behalf of a hominid primate. The recognition of “subject of rights” was granted to Sandra based on the genetic similarity of her species to humans, which is 97%, as opposed to canines’ which is only 75%. It is important to note that the tribunal did not say anything in regard to the status of Tita as a member of her multispecies family.
CA - Abandonment - § 597.1. Failure to care for animals; misdemeanor; powers and duties Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. The statutes also creates a duty in peace officers, humane society officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.
CA - Abandonment - § 597.2. Equines; abandoned or relinquished; auction and adoption programs This California statute sets forth the requirements for the sale of equines at a private or public auction and that the minimum price must be above the animal's slaughter price. It also provides that a sale to an individual who buys an equine under the personal use provision shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter.
CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers; (Repealed in 2022). Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
CA - Abandonment - § 597s. Abandonment of animals This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.

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