|
Akron ex rel. Christman-Resch v. Akron |
City of Akron, Ohio cat owners filed suit against city, its mayor, and city council president, seeking declaratory judgment that new city code sections, relating to the trapping and euthanization of free-roaming cats, were unconstitutional. After the Court of Common Pleas, Summit County granted summary judgment to defendants, the cat owners appealed. The Court of Appeals held that the city's ordinances relating to the trapping and euthanization of free-roaming cats did not violate cat owners' substantive due process rights. Further, the ordinances which allowed a cat to be euthanized after three business days following the date of impoundment, did not violate cat owners' procedural due process rights or right to equal protection. Finally, the ordinances, which allowed city to seize free-roaming cats in response to complaints, did not violate the Fourth Amendment and city's actions were covered by sovereign immunity.
|
|
AL - Veterinary - Chapter 29. Veterinarians. |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
|
Alvarez v. Clasen |
Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats.
|
|
Ammon v. Welty |
In this Kentucky case, the plaintiffs brought an action against the county dog warden for shooting their dog. Before the statutorily imposed 7-day waiting limit had expired, the warden euthanized the dog by shooting him in the head. The Court of Appeals held that while a family dog can be beloved by a family, loss of the pet does not support an action for loss of consortium. Further, the dog warden was not liable for intentional infliction of emotional distress because his actions did not rise to the outrageous level where the dog was not shot in the presence of the family and there was no evidence that Brewer intended to inflict emotional harm.
|
|
An Introduction to Pet in Wills and Pet Euthanasia |
This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.
|
|
Anays Rodriguez-Porras, Plaintiff v. Miami-Dade Animal Services, Miami-Dade Police Department, Miami-Dade County, Defendants |
This Miami-Dade County, Florida case concerns the unauthorized euthanization of the plaintiff's dog, "Cowboy." Cowboy was a beloved family pet who was fitted with an identification microchip in case he was ever lost. In August of 2005, Cowboy got loose after being frightened by a storm and picked up by an animal shelter officer. The plaintiff was inaccurately informed that no dog matching Cowboy's description was at the shelter (records from the shelter showed he was actually picked up the same day he escaped from his home). Five days later, she was informed that Cowboy was at the shelter. After telling the shelter she would be there the next day to pick up Cowboy (since the shelter was closing and would not wait for her to arrive), the shelter euthanized the dog despite assurances to plaintiff that he would be kept safe. Plaintiff sued animal control, the county, and police department for intentional infliction of emotional distress, conversion, wrongful disposition of a body, and negligence.
|
|
Animal Euthanasia |
|
|
AR - Cruelty - Consolidated Cruelty/Animal Fighting Laws |
This section contains the Arkansas anti-cruelty and animal fighting provisions. A person commits a misdemeanor if he or she knowingly abandons any animal subjects any animal to cruel mistreatment, fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water fails to provide an animal in his or her custody with adequate shelter, kills or injures any animal belonging to another without legal privilege or consent of the owner, or carries an animal in or upon any motorized vehicle or boat in a cruel or inhumane manner. Aggravated cruelty to a cat, dog, or horse is a Class D felony if the offense involves the torture. |
|
Berry v. Frazier |
Ryan Berry sued veterinarian Jeffery R. Frazier for damages related to the euthanasia of her cat. Berry alleged that Frazier performed the euthanasia without her informed consent, using an unnecessary and unjustified intracardiac injection that caused a painful death for her cat and emotional distress for her. In 2019, plaintiff hired "Vetted," a service that provides home euthanasia for pets, to put down their dying cat. Vetted sent Dr. Frazier, who failed to sedate the cat with a catheter and suggested using an intracardiac injection (injecting fluid directly into the heart), claiming it was a quick and painless method. The owners agreed, but later learned that this method is generally considered inhumane and illegal in some circumstances. Plaintiff's first amended complaint (FAC) raised the following: (1) fraud/deceit/intentional misrepresentation (third cause of action); (2) breach of fiduciary duty (fourth cause of action); (3) conversion/trespass to chattels (fifth cause of action); (4) intentional infliction of emotional distress (sixth cause of action); and (5) violation of section 3340 (eighth cause of action). The prayer for relief for each cause of action sought nominal damages of $1, restitution of $600 (cost of euthanasia), and punitive damages. The trial court granted Frazier's demurrer and dismissed the causes of action for fraud, conversion, intentional infliction of emotional distress, and violation of Civil Code section 3340. Berry voluntarily dismissed the remaining cause of action, resulting in a final judgment. On the instant appeal, the appellate court looked at the fraud claim finding that the defendant intentionally misled the plaintiff about the method of euthanasia and manipulated her into giving consent for the intracardiac injection, which turned out to be an inhumane and painful procedure. The plaintiff provided specific allegations of the defendant's representations, including statements about the procedure being quick and painless. The court found that the plaintiff's allegations were sufficient to support a claim of fraud, and the defendant's argument that the plaintiff failed to allege legally cognizable damages was rejected. With respect to the conversion/trespass to chattels claim, the plaintiff alleges that the defendant, a veterinarian, obtained her consent for euthanizing her cat through fraudulent means. The plaintiff claims that the defendant intentionally misled her about the procedure, resulting in the cat experiencing extreme pain. As to plaintiffs' claims of conversion/trespass to chattels and IIED, the court found that the allegations support these claims, as the defendant's conduct violated the plaintiff's property rights and caused severe emotional distress. The court disagreed with the trial court's dismissal of these claims and concludes that the demurrer should have been overruled. Finally, on the violation of Section 3340 (the exemplary damages statute), the court agreed with the trial court's ruling that no separate cause of action can be alleged for a violation of Section 3340. The court notes that while the statute provides for exemplary damages, it does not define "wrongful injuries" or indicate an intent to create a separate cause of action. While there is no independent cause of action under Section 3340, it can serve as a basis for seeking exemplary damages in connection with other causes of action so the plaintiff should have pleaded the request for Section 3340, providing sufficient facts to support the allegation of willful and inhumane conduct. The court remanded the case to allow the plaintiff to file a second amended complaint to include the request for Section 3340 exemplary damages in connection with other causes of action. Notably, the court rejected the defendant's argument that Section 3340 does not apply to veterinarians or that the plaintiff's claim only involves professional negligence. Section 3340 is broadly worded and can apply to any defendant, including veterinarians, for willful or grossly negligent conduct causing wrongful injuries to animals. The court found no basis to exclude veterinarians from the statute's coverage and notes that the defendant's argument is unsupported by relevant case law. The court has dismissed the appeals from the October 7, 2021 demurrer order, the October 7, 2021 motion to strike order, and the October 26, 2021 order dismissing the fourth cause of action without prejudice. The court has also reversed the judgment of dismissal and sent the case back to the trial court for further proceedings. The trial court was directed to vacate the dismissal of the first amended complaint and modify the demurrer order. The plaintiff is allowed to file a second amended complaint, and the defendant is allowed to file a demurrer and motion to strike to any new amended pleading. |
|
Betts v. City of Long Beach Department of Health and Human Services |
|
