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Miller v. Nye Cty. |
In this case, Plaintiff Gary Miller sued Nye County and one of its deputies under 42 U.S.C. § 1983 and various Nevada state laws for the fatal shooting of his dog, Blu. Blu was shot four times at the plaintiff's residence after officers responded when Mr. Miller accidentally set off a silent alarm at his own residence. The County and deputy moved to dismiss three of the plaintiff's claims and his request for punitive damages against the County. The court granted the motion to dismiss those claims because it found that the County is statutorily immune from Plaintiff's negligent-training claim and because he lacks the necessary relationship with Blu to establish a claim for negligent infliction of emotional distress. With regard to the punitive damages claim in a § 1983 action, the court granted the County's motion to dismiss that request for relief. Finally, the court granted the County's motion to dismiss Miller's § 1983 claim against it because the plaintiff failed to plead sufficient facts to state a plausible claim for relief under a theory of single-incident liability. However, the court granted leave to amend this claim if the plaintiff can plausibly allege that the County has engaged in a pattern of similar conduct, or that the scenario in this case is likely to recur and that an officer who is ill-equipped to handle the scenario will likely commit a constitutional violation. |
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Miller v. Peraino |
The incident generating this dispute after two veterinary assistants claimed that Miller viciously beat plaintiff's dog Nera to death because he was having difficulty getting the dog from the basement recovery room to the waiting area upstairs where the dog would be picked up. The sole issue on this appeal is the dismissal of plaintiff's cause of action for intentional infliction of emotional distress resulting from both the dog's death and the veterinarian's behavior during plaintiff's picketing of his business. Relying on both the Restatement (Second) of Torts and a prior decision inDaughen v. Fox, the court held that intentional infliction of emotional distress cannot legally be founded upon a veterinarian's behavior toward an animal.
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Mills v. Guthrie County Rural Elec. Co-op. Ass'n |
Rural electric cooperative association caused fire that destroyed hog farrowing facility. Customers sued to recover damages. The Supreme Court held that: (1) punitive damages were not recoverable; (2) customers did not have claim for intentional infliction of emotional distress; but (3) evidence of lost profits from future pig litters as a measure of business interruption damages should not have been excluded.
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Mills v. State |
In an animal cruelty conviction, the law requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.
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Mills v. State |
In criminal conviction for cruelty to animals, statute requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.
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Minnesota 1860-1872 Public Laws: OFFENSES AGAINST CHASTITY, MORALITY, ETC. |
Section 18 of Chapter 96 from Minnesota Public Statutes 1860-1872 covers the treatment of animals. Specifically, the statute covers the punishment for cruelty to animals. |
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Minter-Smith v. Florida |
Defendant was convicted of unlawfully owning, possessing, keeping or training a dog or dogs with intent that such dog engage in dogfighting and he appealed. The Court of Criminal Appeals held that: (1) statute under which appellant was convicted was not unconstitutionally vague; (2) testimony of investigator was sufficient for jury to conclude that defendant was in violation of the statute that was not unconstitutional on ground that it was ex post facto as applied to defendant; (3) evidence as to poor conditions of dogs and their vicious propensities was relevant to issue of defendant's intent to fight the dogs; and (4) evidence gained by police officer pursuant to search warrant was not inadmissible. Affirmed.
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Mississippi Band of Choctaw Indians. 3-4-9- Cruelty to Animals. |
Under Mississippi Band of Choctaw Indians code, cruelty to animals is a Class B offense. Any person who shall kill, torture, mistreat, mutilate, injure or abandon any animal shall be guilty of an offense under this section. |
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Mississippi Bluff Motel Inc. v. Rock Island County |
The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge. The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people. Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit. For further discussion on the federal Bald and Golden Eagle Protection Act, see
Detailed Discussion of Eagle Act
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Mississippi State University v. People for Ethical Treatment of Animals, Inc. |
PETA, an animal rights group, sought disclosure of records pursuant to the Public Records Act from Mississippi State University regarding the IAMS's company care of animals used in research, which was conducted at university. After the lower court granted the request, the University and company appealed. The Supreme Court of Mississippi held that substantive portions of company's Institutional Animal Care and Use Committee protocol forms were exempt from disclosure under the Public Records Act. The court found that PETA failed to rebut the evidence presented by MSU and Iams that the data and information requested in the subject records constituted trade secrets and/or confidential commercial and financial information of a proprietary nature developed by MSU under contract with Iams. Therefore, the data and information requested by PETA is exempted from the provisions of the Mississippi Public Records Act.
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