Lost Pet

Displaying 101 - 110 of 137
Titlesort descending Summary
State v. Weekly


The court affirmed a conviction for stealing a dog by holding that it was a "thing of value" despite the traditional common law rule to the contrary and even though it was not taxable property.
Stray from Heart, Inc. v. Department of Health and Mental Hygiene of City of New York


Petitioner, an animal rescue organization, filed suit seeking the enforcement of the Animal Shelters and Sterilization Act. The court held that the act does not provide for a private right of action for money damages. Instead, the legislative history reveals the law was designed to benefit the general public in New York City as well as stray cats and dogs. The court affirmed the lower court's decision with costs.
Summary of State Lost Property Statutes


This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws.
Terral v. Louisiana Farm Bureau Cas. Ins. Co.


A motorcyclist hit a dog wandering on the road and sued the defendant under strict liability theory. The court found that the defendant was strictly liable because he owned the dog in fact. Although the dog was originally a stray, the court upheld a finding of ownership because the defendant regularly fed the dog and harbored it on his property.  
Theis v. Yuba County Sheriff's Department The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint.
TN - Licenses - § 68-8-107. Seizure; adoption; destruction. This Tennessee statute mandates that any dog found running at large may be seized by any peace officer and placed in an animal shelter in counties or cities where an animal shelter or pound is available. If the dog or cat is wearing a rabies vaccination tag or other identification, all reasonable effort shall be made to locate and notify the owners who shall be required to appear within five (5) days and redeem the animal by paying a pound fee as set by the city or county legislative body.
TN - Ordinances - § 44-17-401. Use of electronic locating collars on dogs This Tennessee statute provides that no agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy which restricts or prevents the owner of any dog from using an electronic locating collar to protect such dog from loss.
TN - Ordinances - § 5-1-120. Dogs and cats; licenses, shelters and other animal control facilities This Tennessee statute outlines the broad police power counties have with respect to dog and cats. It provides that counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals.
TX - Impound - Chapter 823. Animal Shelters Chapter 823 enumerates the standards by which animal shelters shall comply. It sets forth confinement requirements, permissible forms of euthanasia, and personnel requirements.
TX - Licenses - § 826.031. Registration of Dogs and Cats by Local Governments. This Texas statute provides that the governing body of a municipality and the commissioners court of a county may adopt ordinances or rules requiring the registration of each dog and cat within the jurisdiction of the municipality or county. Fees may be collected pursuant to such ordinances to defray costs.

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