Impound or Animal Control

Displaying 91 - 100 of 337
Titlesort descending Summary
Feger v. Warwick Animal Shelter
In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact,

inter alia

, as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat.
FL - Dogs - Florida Dog /Dangerous Dog Laws These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing.
Folkers v. City of Waterloo, Iowa


Plaintiff brought civil rights action against the City of Waterloo, Iowa (City) alleging procedural and substantive due process violations after Animal Control Officers seized Plaintiff’s dog and detained the dog for one hundred days while an appeal was pending.

 

On Plaintiff’s motion for partial summary judgment, the United States District Court, N.D. Iowa, Eastern Division, found that the Fifth Amendment Due Process Clause did not apply to Plaintiff’s claim, the Animal Control Officers were acting under color of state law, and that the one hundred day detention of Plaintiff’s dog was a meaningful interference with Plaintiff’s possessory interest in his dog.

 

The Court also found that Plaintiff’s right to procedural due process under the Fourteenth Amendment was satisfied by the post-deprivation hearing provided Plaintiff, Plaintiff’s claim that

the decision to detain Plaintiff’s dog was unreasonable or arbitrary, implicated the “unreasonable seizure” provisions of the Fourth Amendment, rather than the substantive due process provisions of the Fourteenth Amendment, and that even if the substantive due process provisions of the Fourteenth Amendment were otherwise applicable, Plaintiff would not have been entitled to relief under the substantive due process provisions of the Fourteenth Amendment.
Frequently Asked Questions on Local Dog Laws


This article answers some typical questions relating to local dog laws.
Frye v. County of Butte


After several administrative, trial court, and appeals hearings, the California court of appeals upheld a county’s decision to seize the plaintiffs’ horses for violation of Cal. Penal Code § 597.1(f).  Notably, the appeals court failed to extend the law of the case, which generally provides that a prior appellate court ruling on the law governs further proceedings in the case, to prior trial court rulings. The appeals court also held that the trial court’s "Statement of Decision" resolved all issues set before it, despite certain remedies remaining unresolved and the court’s oversight of the plaintiffs' constitutionality complaint, and was therefore an appealable judgment. The appeals court also found the trial court lacked jurisdiction to extend the appeals deadline with its document titled "Judgment."
GA - Dog - Consolidated Dog Laws These Georgia statutes comprise the state's dog laws and the "Responsible Dog Ownership Law." Among the provisions of the Responsible Dog Ownership Law include a requirement for registration of dangerous dogs as well as the necessity of such owner to carry at least $50,000 in liability insurance. Owners of these dogs who do not comply with these and other provisions may have their dogs confiscated and destroyed. Any person who violates this article is guilty of a misdemeanor.
GA - Ordinances - Jurisdiction and duties of local governments This Georgia statute provides authority for local governing units to enforce this article. This statute further establishes that the local government shall designate an individual as a dog control officer to aid in the administration and enforcement of the provisions of this article; the dog control officer does not have the authority to make arrests unless the person is a law enforcement officer. Additionally, this article also allows local governments to make arrangements with each other for consolidation of dog control services.
Geary v. Sullivan County Society for Prevention of Cruelty to Animals, Inc.


In this New York case, plaintiffs surrendered their maltreated horse to defendant Sullivan County Society for the Prevention of Cruelty to Animals, Inc. on March 4, 2005. Shortly thereafter, they commenced this action seeking return of the horse and damages, including punitive damages. Defendants' answer failed to respond to all paragraphs of the 38-paragraph complaint, which included six causes of action, prompting plaintiffs to move for summary judgment on the ground that defendants admitted "all" essential and material facts. At oral argument before this Court, plaintiffs' counsel consented to defendants filing an amended answer. The court found that since this amended pleading will presumably contain denials to all contested allegations in the complaint, plaintiffs' request for summary judgment on the procedural ground that defendants' failed to deny certain facts must fail. Moreover, as correctly noted by Supreme Court, conflicting evidence precludes summary judgment in plaintiffs' favor.
Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals


Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.

 

On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.

 

Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.

 
Gonzalez v. Royalton Equine Veterinary Services, P.C. Veterinarian contacted State Police after allegedly observing deplorable conditions in Plaintiff's barn. The premises were subsequently searched, and a horse and three dogs were removed and later adopted. Plaintiff commenced an action in City Court for, inter alia, replevin, and several defendants asserted counterclaims based on Lien Law § 183. The Lockport City Court entered partial summary judgment in favor of owner and ordered return of animals. On appeal, the Niagara County Court, reversed and remanded. Owner appealed to the Supreme Court, Appellate Division, Fourth Department, New York. The Court found the Niagara County Society for the Prevention of Cruelty to Animals, Inc. (SPCA) was not required to bring a forfeiture action to divest Plaintiff of ownership of the seized animals because the animals were kept in unhealthful or unsanitary surroundings, the plaintiff was not properly caring for them, and the plaintiff failed to redeem the animals within five days before the SPCA was authorized to make the animals available for adoption. The city court’s order was affirmed as modified.

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