Cats: Related Cases

Case namesort descending Citation Summary
State v. Witham 876 A.2d 40 (Maine 2005)

A man ran over his girlfriend's cat after having a fight with his girlfriend.  The trial court found the man guilty of aggravated cruelty to animals.  The Supreme Judicial Court affirmed the trial court, holding the aggravated cruelty to animals statute was not unconstitutionally vague.

State v. Wright 393 P.3d 1192 (Or.App.,2017) Defendant was convicted of four counts of aggravated animal abuse in the first degree after he drowned all six cats that lived with him in a water-filled trash can. On appeal, defendant challenged the exclusion of evidence that he had an intellectual disability and that he had a character for gentleness toward animals. Defendant asserts such evidence would have shown he did not act with the requisite malicious intent that the state was was required to prove. It would have been relevant in demonstrating his mental state when committing the offenses, according to defendant. The appellate court found that the lower court did not err with regard to excluding defendant's reference to an intellectual disability. The testimony at trial describing his "intellectual disability" was more of a general reference and not relevant to his mental state. On the issue of character evidence of defendant's gentleness toward animals, the appellate assumed the lower court erred because the state conceded it was harmless error in its brief. In agreeing with the state that the error was harmless, the court found any further evidence would have been cumulative because other testimony spoke to defendant's gentle character toward animals. The matter was remanded for resentencing due to errors in sentencing.
The Gastronomic Cat Festival case, 2014 (Peru) The Currunao Festival was an annual event held in southern Lima, Peru. This festival was a celebration dedicated to Santa Efigenia of Ethiopia. Traditionally, this festival included controversial practicesof consuming cats and subjecting them to races where fireworks were thrown at them. In 2013, a group of activists filed an Amparo lawsuit, seeking the immediate suspension of these practices, arguing these practices were cruel under Peru's former anti-cruelty law, No. 2725. Moreover, they stated that animals are sentient beings capable of experiencing pain and suffering. That same year, the Civil Judge in Cañete issued a temporary injunction, suspending these activities. In 2014, the Superior Court of Justice in Cañete permanently banned the practices, ruling that they violated the right to a balanced and healthy environment, fostered violence, and posed serious risks to public health and societal well-being.
Theis v. Yuba County Sheriff's Department Slip Copy, 2019 WL 3006261 (E.D. Cal. July 10, 2019) 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.
Thurston v. Carter 92 A. 295 (Maine, 1914) This action of trespass is brought for the recovery of damages for the killing of the fox hound of plaintiff by defendant.  Defendant claimed that he shot and killed the plaintiff's dog while it was chasing and worrying a cat belonging to and upon the land of the defendant. After the introduction of all the evidence, the court ordered a verdict for defendant. To this direction, plaintiff filed his bill of exceptions in which it is stipulated that if a cat is a domestic animal, the ruling below is to stand, otherwise judgment is to be entered for plaintiff in the sum of $50.
Towers-Hammon v Burnett [2007] QDC 282

The respondent pleaded guilty to bashing several cats with an iron bar causing four deaths. The dead cats, along with one severely beaten but still alive kitten, were placed in a bag and disposed of in a charity clothing bin. On appeal, it was held that the trial judge failed to have sufficient regard to the callous nature of the respondent's actions and the respondent was sentenced to three months' imprisonment.

U.S. v. Kapp 419 F.3d 666 (2005, 7th Cir.(Ill.))

A jury convicted William Kapp for multiple violations of the Endangered Species Act and the Lacey Act connected with the killing of, and trafficking in, endangered tigers and leopards and their meat, hides, and other parts. On appeal, Kapp claims he is entitled to a new trial because the evidence at trial was insufficient to support the jury's verdict and the district court erroneously admitted certain evidence. Kapp also argues that the manner in which he was sentenced violated the Sixth Amendment. The court concluded that there was sufficient evidence to support the jury's verdict on all counts, and the district court did not err in its evidentiary ruling.  His conviction was, therefore, affirmed, but a limited remand was ordered to determine whether Kapp should be resentenced .

Veterinary Surgeons Investigating Committee v. Lloyd 2002 WL 31928523, 134 A Crim R 441

Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice.

Vill. of Orion v. Hardi 2022 IL App (4th) 220186 The plaintiff, the Village of Orion (Village), sued defendants, Patricia A. Hardi and Michael Larson, to enjoin them from keeping more than three cats in violation of a Village ordinance. After a dismissal and amended complaint by the Village, the trial court granted defendants' amended motion to dismiss, finding that the Village had previously voted to allow defendants to keep more than three cats. Here, the Village appeals this decision. By way of background, the defendants lived together in the Village since 1998, and one defendant served as the animal control officer for about 15 years. In 2013, the Village enacted an ordinance making it unlawful to keep more than three dogs or cats over the age of six months (except for licensed kennels or veterinarian clinics). At a Village board meeting in 2014, the minutes revealed that members of the board agreed to allow defendants to keep the dogs ad cats to live out their natural lifetimes. However, in 2017, the Board served a "notice to abate nuisance" for keeping more than three cats or dogs. This was followed by a complaint filed by the Village against defendants. In 2018, defendants filed a motion to dismiss alleging the three-cat limit was arbitrary and was "superseded" by a criminal action where one defendant pleaded guilty to animal cruelty, but was allowed to keep 10 cats. The trial court's order found that the Board's language at the 2014 meeting revealed "unambiguous" language that defendants could keep the cats in their possession. After remand, the Village filed its second amended complaint in 2022 and defendants against filed a motion to dismiss. After a hearing with testimony from Board members and others, the trial court found there was a motion to allow the keeping of the excess cats and this negated the ability of the Village to proceed with an ordinance violation. On appeal here, this court finds the 2014 board minutes are insufficient to support a motion to dismiss. The submission of the board minutes together with and a defense witness, followed by the Village's presentation of another board member's testimony to refute that, amounted to the court "improperly allow[ing] the parties to conduct a mini-trial on the veracity of the essential allegations of the complaint." The motion was used to attack the factual basis of the claim. Thus, the trial court's order granting the dismissal was reversed and the matter was remanded.
Whittier Terrace Associates v. Hampshire 532 N.E.2d 712 (Mass. 1989)

Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation.

Womack v. Von Rardon 135 P.3d 542 (Wash. 2006)

In this Washington case, a cat owner sued a minor and his parents after the minor set her cat on fire.  While this Court found that the trial court correctly granted summary judgment with respect to Ms. Womack's private nuisance, tort outrage, and statutory waste claims, it held that the lower court incorrectly calculated the measure of damages.  Noting that the Division 2 Appellate Court left open the question of emotional distress damages where a pet has been maliciously injured in Pickford v. Masion , 124 Wash.App. 257, 262-63, 98 P.3d 1232 (2004), this Court held that the general allegations include sufficient facts to find both malicious conduct toward Ms. Womack's pet and her resulting emotional distress.  Thus, "[f]or the first time in Washington, we hold malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages."  

Woudenberg v. U.S. Dept. of Agriculture 794 F.3d 595 (6th Cir., 2015) According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who were in the business of buying and selling dogs and cats (i.e. class B dealers) may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” Another provision required a dealer in such a case to “obtain [ ] a certification that the animals were born and raised on that person's premises.” The question in this case was whether there was a violation when the dealer obtained the required certification, but the certification was false. The regulatory language was clear that a dealer violated the law by obtaining a dog or cat from an individual donor who did not breed or raise it on the donor's premises and it was still a violation even when the dealer in good faith obtained certifications that the animals had been so bred and raised. The certification requirement was an enforcement mechanism for the prohibition, not an exception. The Department of Agriculture therefore properly entered a cease-and-desist order against the petitioner.

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