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People ex rel. Nonhuman Rights Project, Inc. v. Lavery |
This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." |
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People v. Maikhio |
Defendant was charged with possession of a spiny lobster during closed season and failure to exhibit his catch as required by a statute. The Supreme Court held that the statute authorizes a warden to demand that a person who is or has recently been fishing or hunting to display his catch; the Fourth Amendment does not preclude a warden from briefly stopping a person. The warden's knowledge that the defendant lied in claiming he had caught nothing established probable cause to search his vehicle. By denying that he had caught anything, defendant failed to display his catch upon demand.
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PETA v. Tri-State Zoological Park |
PETA brought this action against defendants Tri-State Zoological Park of Western Maryland, Inc., Animal Park, Care & Rescue, Inc., and Robert Candy (collectively, “Tri-State”). Prior to this lawsuit, Tri-State was home to two lemurs, five tigers, and two lions which are all protected under the Endangered Species Act (“ESA”). More than half of the protected species housed at Tri-State died. PETA alleged violations of the ESA. PETA contended that the animals were subjected to harm and harassment and that Tri-State committed a “take” as defined by the ESA as a result of unsanitary living conditions, poor diets, and inadequate shelter and enrichment. The district court found that PETA had standing to bring suit. The court also found that each of the respective animals had been subjected to a take under the ESA. The court ultimately held that it would enter a separate order declaring that the Defendants violated the ESA by unlawfully taking the remaining big cats and maintaining possession of them. The Court permanently enjoined the Defendants from ever owning or possessing any endangered or threatened species and terminated the Defendants’ ownership and possessory rights to the animals. The Defendants’ motion to stay was denied. |
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Recchia v. City of Los Angeles Dep't of Animal Servs. |
Petitioner Recchia sued the City of Los Angeles and animal control officers for violations of the Fourth and Fourteenth Amendment and claims for state law tort violations. The claims arise from the 2011 warrantless seizure of Recchia's 20 birds (18 pigeons, one crow, and one seagull) kept in boxes and cages on the sidewalk where he lived (Recchia was homeless at the time). Animal control officers investigated Recchia after a complaint that a homeless man had birds at his campsite. Officers found cramped and dirty cages with several birds in "dire physical condition," although there is evidence the birds were in that condition before Recchia possessed them. After officers impounded the birds, a city veterinarian decided that all the pigeons needed to be euthanized due to concerns of pathogen transmission. Recchia discovered that the birds had been euthanized at his post-seizure hearing that was four days after impounded of the animals. At that hearing, the magistrate found the seizure was justified under the operative anti-neglect law (California Penal Code § 597.1(a)(1)). This § 1983 and state claim action followed. The district court adopted the magistrate judge's report and granted summary judgment for the defendants. On appeal, this court first examined whether the seizure of the healthy-looking birds was justified. The court held that hold that there was a genuine factual dispute about whether the healthy-looking birds posed any meaningful risk to other birds or humans at the time they were seized (it affirmed the dismissal as to the seizure of the birds that outwardly appeared sick/diseased). With regard to seizure of the birds without a pre-seizure hearing, the court applied the Matthews test to determine whether Recchia's rights were violated. Looking at the statute under which the birds were seized (Section 597.1), the court found that the law does afford adequate due process for Fourteenth Amendment purposes. As to other claims, the court granted Recchia permission to amend his complaint to challenge the city policy of not requiring a blood test before euthanizing the birds. The court also agreed with the lower court that the officers had discretionary immunity to state tort law claims of in seizing the animals. The district court's summary judgment was affirmed on Fourteenth Amendment and state tort claims against the officers, but vacated summary judgment on the Fourth Amendment claims against the animal control officers and constitutional claims against the city. |
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Renzo v. Idaho State Dept. of Agriculture |
A tiger habitat developer sued the Idaho State Department of Agriculture (Department) under the Idaho Tort Claims Act (ITCA) for breach of ordinary care in refusing to grant exotic animal possession and propagation permits and for intentional interference with developer's prospective economic advantage. The Court held that the time period under which the developer had to file notice of its claim began to run when the Department sent its letter stating that a possession permit would be conditioned upon the tigers’ sterilization. This letter put developer on notice that he would not receive a possession permit without sterilizing the tigers, and therefore, had knowledge that he would not be granted a propagation permit.
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Rhoades v. City of Battle Ground |
In this case, exotic animal owners appeal a summary judgment order dismissing their various constitutional challenges to a City of Battle Ground ordinance that prohibits ownership of such animals within city limits. Specifically, the owners contended that the ordinance violated their right to equal protection under the constitution because it treats those who keep exotic pets within the City differently from those who keep dangerous dogs. The court held that it was within the city's police power authority to enact these laws if they were supported by a rational relationship. In fact, the court found that the local legislative body may draw a different conclusion from the Washington Supreme Court in areas of public safety and the exercise of the local government's police powers provided it does not conflict with the general laws of the state. (
Note
: publication of case ordered Feb. 7, 2003 in 115 Wash.App. 752,
63 P.3d 142
).
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Rhoades v. City of Battle Ground |
Exotic pet owners challenged on equal protection grounds an ordinance that banned exotic pets, yet allowed dangerous dogs under certain conditions. The court, in upholding the ordinance, found a rational relationship between the regulation and the public interest in preventing exotic pet attacks.
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RI - Exotic Pets - Chapter 18. Importation of Wild Animals |
This chapter of Rhode Island laws proclaims that its intent is to provide safeguards for the protection of persons in the state from disease hazards associated with imported wild animals. Under the chapter, no person shall import into, receive, or possess in this state without first obtaining a permit from the department, animals of the following orders, families, and genera: primates, carnivores, amphibia, reptilia, canidae, and insecta. Personal pets under a special permit are exempted from the importation permit requirement. A permit may be granted by the department to import a wild animal as a personal pet, if a written affidavit or declaration under penalty of perjury is completed at the time of entry at the site of first arrival. This chapter also requires that certain species undergo quarantine for specified periods of time. Any person who violates any provisions of this chapter shall be fined not less than one hundred dollars ($100), and the loss of any specimen referred to in this chapter. |
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Robledo, Leandro Nicolás y otros s/ resistencia o desobediencia a la autoridad |
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SC - Endangered Species - Chapter 123 Department of Natural Resources |
These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls. |
