United States

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Titlesort descending Summary
Chambers v. Justice Court Precinct One


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.
CHAPMAN v. DECROW


In this Maine case, the defendant was found liable for trespass after he killed the plaintiff's dog. Defendant asserted that the dog was trespassing on his premises, and was “then, or had been immediately before the shooting, engaged, with two other dogs, in chasing and worrying his domesticated animals, to wit, tame rabbits." As a result, he claimed that the killing was justified. This court first disagreed with defendant's claim that an unlicensed dog is not property because it constitutes a nuisance.  This court found that, by the common law, a dog is property, for an injury to which an action will lie.

 Moreover, the statute to which defendant claims authority to kill an unlicensed dog only allows a constable to do so after a proscribed lapse.
Chase v. State Appellant and his wife were walking their two dogs when two neighbor dogs attacked the group. After the attack, appellant slashed the attacking dog's throat with a knife, which resulted in the dog's death. Appellant was then charged with and convicted of cruelty to non-livestock animals under Texas law. The appellant appealed to the Texas Court of Appeals and the case was reversed and remanded. The State filed a petition for discretionary review with the Court of Criminal Appeals. The issue before that court was whether § 822.013(a) of the Texas Health and Safety Code, a non-penal code, provided a defense to criminal prosecution. The court held that § 822.013(a)—which allows an attacked animal's owner or a person witnessing an attack to kill a dog that is attacking, is about to attack, or has recently attacked a domestic animal—is a defense against cruelty to non-livestock animals. The judgment of the Court of Appeals was therefore affirmed. The dissenting opinion disagreed. The dissent argued the goal of this statute was to protect farmers and ranchers against the loss of their livelihood by allowing them to protect their livestock from attacking dogs without fear of liability to the dog's owner, not to allow individuals in residential neighborhoods to kill a neighbor's dog after an attack with criminal impunity.
Chavez v. Aber Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs’ minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act (“FHA”), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act (“TFHA”), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant’s motion to dismiss.
Chee v. Amanda Goldt Property Management
Plaintiff, Lila Chee, a resident and owner of a condominium unit, appealed from a judgment entered in favor of all defendants on her complaint seeking damages for personal injuries she suffered when a dog belonging to Olga Kiymaz, a tenant of another unit in the same complex, jumped on Chee. In affirming the lower court's award of summary judgment, this court held that the landlord had no duty in absence of landlord's actual knowledge of dog's dangerous propensities. Further, the landlord was not liable to owner for nuisance. Finally, the condominium covenants, conditions, and restrictions (CC&R's) did not impose vicarious liability on landlord.
Chimpanzee Laws
Christensen v. Lundsten


In this New York case, the parent of child injured by a dog brought an action seeking to have the dog declared a “dangerous dog” under the relevant law. The Court conducted a trial of the “dangerous dog” petition filed and rendered an oral decision that declared the respondents' Chesapeake Bay Retriever “Nellie” to be a dangerous dog under New York Agricultural and Markets Law § 121. The parties contested the appropriateness of a finding of “negligence” and “strict liability” and the entry of judgment. The District Court held that the court would not resolve issue of negligence because the issue was not properly joined for disposition; however, the owners were strictly liable for child's unreimbursed medical expenses.
Christian v. Petco Animal Supplies Stores, Inc.


This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah


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.
Circuses and the Laws Governing Them

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