United States

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Titlesort descending Summary
Houk v. State Appellant Crystal Houk challenges her convictions and sentences for animal cruelty and aggravated animal cruelty on several grounds. Appellant contends her dual convictions for those crimes violate double jeopardy because animal cruelty and aggravated animal cruelty are degree variants under section 775.021(4)(b)2. The conviction stems from Houk leaving her dog Gracie May in a car in a Walmart parking lot with the windows closed on a hot, humid day in Florida for over an hour. Apparently, Appellant had pressed a PVC pipe against the accelerator to keep the car accelerating since there was something wrong with the air conditioner. When employees gained entry to her vehicle, they discovered the A/C was actually blowing hot air and the dog was in great distress. Gracie died soon thereafter from heat stroke. A postmortem examination revealed her internal temperature was above 109.9 degrees. Houk was charged with aggravated animal cruelty and animal cruelty, tried by jury, and convicted. She was sentenced to concurrent terms of thirty-six months of probation on Count 1 and twelve months of probation on Count 2, each with a condition that she serve thirty days in jail. On appeal here, this court first found that the offenses of animal cruelty and aggravated animal cruelty satisfy the Blockburger same elements test and do not fall under the identical elements of proof or subsumed-within exceptions. However, as to the degree variant exception, the court agreed with Appellant that the offense of animal cruelty and aggravated animal cruelty are not based on entirely different conduct and a violation of one subsection would also constitute a violation of the other. Additionally, while another statutory section allows the charging of separate offenses for multiple acts or acts against more than one animal, the section does not authorize "the charging of separate offenses or the imposition of multiple punishments when a single act against one animal satisfies both subsections." Accordingly, the court agreed with Appellant and reversed her conviction for animal cruelty (while keeping the higher degree conviction of aggravated cruelty).
Houseman v. Dare


An engaged, live-in couple purchased a dog together and listed both of their names on the American Kennel Club registration.  While speaking to his girlfriend about ending the relationship, the boyfriend promised her that she could keep the dog, but failed to fulfill that promise; the court required specific enforcement of that promise. In addition, the court found that dogs possess special subjective value similar to "heirlooms, family treasures, and works of art."
Housing Authority of the City of New London v. Tarrant


A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required.
How Nonhuman Animals Were Trapped in a Nonexistent Universe
How to Apply the “Best Interest of the Pet” Standard in Divorce Proceedings in Accordance with Newly Enacted Laws
Howard v. Chimps, Inc.


While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.
Howle v. Aqua Illinois, Inc. As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim.   
Huff v. Dyer


In this Georgia case, the plaintiff was injured from being bitten by defendants' dog who was chained to the bed of their pickup truck while the defendants were inside an adjacent restaurant. The plaintiff sued defendants, claiming that they failed to warn her of their dog's dangerous propensities and that they committed negligence per se by violating the state's strict liability statute (OCGA § 51-2-7) and the Hall County Animal Control Ordinance. A jury found in favor of the defendants. The court found that the evidence was therefore more than sufficient to support the jury's conclusion that defendants' dog was “under restraint” for purposes of the ordinance. Further, there was no evidence that the owners had knowledge of the dog's vicious propensity. Affirmed.
Hughes v. Oklahoma


The Oklahoma statute at issue prohibited transporting or shipping outside the State for sale natural minnows seined or procured from waters within the State. Appellant, who held a Texas license to operate a commercial minnow business in Texas, was charged with violating the Oklahoma statute by transporting from Oklahoma to Texas a load of natural minnows purchased from a minnow dealer licensed to do business in Oklahoma.  In overruling Geer v. Connecticut, the Court held that the Oklahoma statute on its face discriminated against interstate commerce by forbidding the transportation of natural minnows out of the State for purposes of sale, and thus overtly blocking the flow of interstate commerce at the State's border.
Hulsizer v. Labor Day Committee, Inc.


This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.

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