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Tiller v. State |
Defendant argued that being in "possession" of neglected, suffering animals was not a crime. The court held that where a veterinarian testified that the horses were anemic and malnourished and where defendant testified that he had not purchased enough to feed them, the evidence was sufficient to authorize the jury to find defendant guilty beyond a reasonable doubt of seven counts of cruelty to animals. The court held the trial court did not err in admitting a videotape depicting the horses' condition and that of the pasture when the horses were seized, where the videotape was relevant to the jury's consideration.
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Tillett v. Bureau of Land Management |
In this case, plaintiff (proceeding pro se) filed suit against the Bureau of Land Management (BLM) challenging its management of wild horses on the Pryor Mountain Wild Horse Range (PMWHR). Plaintiff filed suit challenging BLM’s fertility control and gather programs. BLM argued that plaintiff’s claims should be denied as a matter of summary judgment. The court ultimately held that plaintiff failed to provide any “legal authority” or “jurisdictional basis” for the remedies in which she was seeking. The court held that BLM was within its own authority to rely on its own data and surveys of its programs and was under no obligation to review its programs based on plaintiff’s alleged observations. Finally, the court held in favor of BLM as a matter of summary judgment. |
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Tilson v. Russo |
In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then
brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that
rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks.
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Time for a Sharper Legal Focus |
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TN - Assistance Animal - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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TN - Bovine - Chapter 21. Liability of Bovine Owners |
This chapter operates similarly to equine activity liability laws and provides that a bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. The section also requires the posting of warning signs alerting visitors to bovine activities that the owner or operator is not liable. |
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TN - Breeder -Part 7. Commercial Breeder Act |
(Expired June 30, 2014). In 2009, Tennessee enacted its Commercial Breeder Act. The act defines a commercial breeder as means any person who possesses or maintains, under the person’s immediate control, twenty (20) or more unsterilized adult female dogs or cats in this state for the purpose of selling the offspring as companion animals. Commercial breeders must maintain and display licenses to operate in accordance with the act. Further, the act requires commercial breeders to keep on file at all times the number of dogs and cats in their possession and how many were sold during the reporting period. Inspections may occur under the act, but are not mandatory. |
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TN - Breeders - Chapter 1200-33-01. Commercial Breeders |
This chapter of Tennessee regulations implements the Commercial Breeder Act, T.C.A. § 44-17-701, et. seq. The section requires that a commercial breeder apply for license and comply with licensure requirements. Standards of care are governed by the federal regulations for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats under the Animal Welfare Act, found at 9 CFR §3.1 through 3.19. |
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TN - Cruelty - Consolidated Cruelty Statutes |
These Tennessee anti-cruelty provisions define "animal" as a domesticated living creature or a wild creature previously captured. A person commits the offense of cruelty to animals (a Class A misdemeanor) if he or she intentionally or knowingly tortures, maims or grossly overworks an animal; fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; abandons unreasonably an animal in the person's custody; transports or confines an animal in a cruel manner; or inflicts burns, cuts, lacerations, or other injuries or pain. Animal fighting is also prohibited under this section, with dog fighting incurring a felony penalty and cockfighting resulting in a misdemeanor in most cases. A person commits aggravated cruelty (a Class E felony) to animals when, with aggravated cruelty and with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal. Exclusions include animal farming, research, veterinary practices, hunting, trapping, "dispatching" rabid animals or wild animals on one's property, among other things. |
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TN - Cruelty, reporting - Part 4. Cross Reporting of Animal Cruelty |
This Tennessee statute requires employees of child or adult protective service agencies to report animal cruelty, abuse, or neglect that they know or reasonably suspect to have occurred in their county. The statute also describes the amount of time that an employee may have to make a report and ensures the confidentiality of the employee. The statute also makes clear that it does not impose a duty on the employee to investigate known or reasonably suspected animal cruelty, abuse, or neglect. |
