Anti-Cruelty: Related Cases

This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals."  The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.

The appellant ignored advice to make available reasonable amounts of food to feed sheep. The appellant claimed to be acting under veterinary advice and further that the trial judge erred in taking into account the subjectivity of the appellant's actions. All claims were dismissed.

In this North Carolina Case, Barbara and Robert Woodley (defendants) appeal from an injunction forfeiting all rights in the animals possessed by defendants and the removal of the animals from defendants' control, and an order granting temporary custody of the animals to the Animal Legal Defense Fund. On 23 December 2004, plaintiff filed a complaint against defendants seeking preliminary and permanent injunctions under North Carolina's Civil Remedy for Protection of Animals statute (Section 19A). N.C. Gen.Stat. § 19A-1 et seq. (2005). Plaintiff alleged that defendants abused and neglected a large number of dogs (as well as some birds) in their possession. On appeal, defendants argue that Section 19A is unconstitutional in that it purports to grant standing to persons who have suffered no injury, and that it violates Article IV, Section 13 of the N.C. Constitution by granting standing through statute. The court held that Article IV, Section 13 merely “abolished the distinction between actions at law and suits in equity," rather than placing limitations on the legislature's ability to create actions by statute, contrary to defendants' interpretation.

The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed.

Where a person has sent a dog into the earth of a fox or sett of a badger with the result that a confrontation took place between the dog and a wild animal, and the dog experienced suffering, it will be open to the tribunal of fact to find that the dog has been caused unnecessary suffering and that an offence has been committed under section 1(1)(a) of the Protection of Animals Act 1911.

In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.

Defendant convicted of cruelty to animals by knowingly and intentionally torturing a puppy by amputating its ears without anesthetic or antibiotics. Defense that "veterinarians charge too much" was ineffective.

In this Georgia case, appellants were convicted of the offense of cruelty to animals upon evidence that they were spectators at a cockfight. The Court of Appeals agreed with the appellants that the evidence was insufficient to support the conviction, and the judgment was reversed. The court found that the statute prohibiting cruelty to animals was meant to include fowls as animals and thus proscribed cruelty to a gamecock. However, the evidence that defendants were among the spectators at a cockfight was insufficient to sustain their convictions.

The appellant had informations laid against him alleging that he, as a person in charge of animals, neglected cattle 'without reasonable excuse' by failing to provide them with food. The appellant had been informed by a veterinarian that his treatment of the cattle was potentially a breach of the Animal Welfare Act 1992 (ACT) and that they were in poor condition. The evidence admitted did not rule out the possibility that the appellant's feeding of the cattle accorded with 'maintenance rations' and the convictions were overturned.

 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

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.

In this Texas case, a justice court divested an animal owner of over 100 animals and ordered that the animals be given to a nonprofit organization. The owner sought review of the forfeiture in district court. The district court subsequently dismissed appellant's suit for lack of jurisdiction. Under the Texas Code, an owner may only appeal if the justice court orders the animal to be sold at a public auction. Thus, the Court of Appeals held that the statute limiting right of appeal in animal forfeiture cases precluded animal owner from appealing the justice court order.

Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.

This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.

Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.

This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.

In this case, the defendants argued that the police powers granted to a private entity, the Erie Humane Society, was an improper delegation of government authority. On appeal, the defendants’ asserted several arguments including a claim that Pennsylvania’s delegation of government authority is in violation of the Fourth Amendment of the United States Constitution and the Pennsylvania Constitution The appeals court rejected each of defendants’ four arguments. Specifically, the court rejected defendants' assertion that the Erie Humane Society operates as "vigilantes," finding that the Society's actions are regulated by the Rules of Criminal Procedure with requirements of probable cause and the constraints of case law.