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Maldonado v. Franklin |
Trenton and Karina Franklin moved into a subdivision in San Antonio, Texas in September of 2017. Margarita Maldonado lived in the home immediately behind the Franklins’ house and could see into the Franklins’ backyard. Maldonado began complaining about the Franklins’ treatment of their dog. The Franklins left the dog outside 24 hours a day, seven days a week no matter what the weather was like. Maldonado also complained that the dog repeatedly whined and howled which kept her up at night causing her emotional distress. Maldonado went online expressing concern about the health and welfare of her neighbor’s dog, without naming any names. Mr. Franklin at some point saw the post and entered the conversation which lead to Mr. Franklin and Maldonado exchanging direct messages about the dog. Maldonado even placed a dog bed in the backyard for the dog as a gift. In December of 2017, the Franklins filed suit against Maldonado for invasion of privacy by intrusion and seclusion alleging that Maldonado was engaged in a campaign of systemic harassment over the alleged mistreatment of their dog. While the suit was pending, Maldonado contacted Animal Control Services several times to report that the dog was outside with the heat index over 100 degrees. Each time an animal control officer responded to the call they found no actionable neglect or abuse. In June of 2018, Maldonado picketed for five days by walking along the neighborhood sidewalks, including in front of the Franklins’ house, carrying signs such as “Bring the dog in,” and “If you’re hot, they’re hot.” The Franklins then amended their petition adding claims for slander, defamation, intentional infliction of emotional distress, and trespass. The trial court granted a temporary injunction against Maldonado, which was ultimately vacated on appeal. Maldonado filed a Anti-SLAPP motion and amended motion to dismiss the Franklins’ claims as targeting her First Amendment rights. The trial court did not rule on the motions within thirty days, so the motions were denied by operation of law. Maldonado appealed. The Court began its analysis by determining whether Maldonado’s motions were timely. Under the Texas Citizen’s Participation Act (TCPA) a motion to dismiss must be filed within sixty days of the legal action. The sixty-day deadline reset each time new factual allegations were alleged. Due to the fact that the Franklins had amended their petition three times and some of the amended petitions did not allege any new factual allegations, the only timely motions that Maldonado filed were for the Franklins’ claims for slander and libel. The Court then concluded that Maldonado’s verbal complaints to the Animal Control Service and online posts on community forums about the Franklins’ alleged mistreatment of their dog were communications made in connection with an issue related to a matter of public concern and were made in the exercise of free speech. Therefore, the TCPA applied to the Franklins’ slander and libel claims. The Court ultimately concluded that although Maldonado established that the TCPA applied to the slander and libel claims, the Franklins met their burden to establish a prima facie case on the slander and libel claims. Therefore, the Court ultimately concluded that Maldonado’s motion to dismiss the slander and libel claims were properly denied. The Court affirmed the trial court’s order and remanded the case to the trial court. |
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Malloy v. Cooper |
Plaintiff owned a Gun Club and sponsored a pigeon shoot.
He challenged the constitutionality of a statute prohibiting the intentional wounding or killing of animals. Held: unconstitutionally vague.
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Maloney v. State |
The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to
Okla.
Stat. tit. 21, §
1685
(1971) and fined defendant. Defendant appealed. On appeal, the court held that
Okla.
Stat. tit. 21, §
1682
(1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.
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Malpezzi v. Ryan |
In this New York case, the plaintiff brought an action to recover for a dog bite sustained when she was walking on a local bike path. The court noted that it has consistently held, “a plaintiff may not recover for injuries sustained in an attack by a dog unless he or she establishes that the dog had vicious propensities and that its owner knew or should have known of such propensities” Here, defendant and his girlfriend testified, without contradiction, that they did not experience any problems with the dog prior to the incident with Malpezzi. Specifically, each testified that Oreo did not display any act of aggression prior to biting Malpezzi. In opposition, plaintiff primarily relies upon the purportedly vicious nature of the attack, the fact that Oreo allegedly was restrained while on defendant's property and Oreo's specific breed. However, the court observed that where, as here, there is no other evidence even suggesting that defendant knew or should have known of Oreo's allegedly vicious propensities, consideration of the dog's breed is irrelevant. As such, Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint.
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Mangy Curs and Stoned Horses: Animal control in the District of Columbia from the beginnings to about 1940 |
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Mann v. Regan |
The plaintiff (Mann) brought this action to recover damages for injuries she sustained to her face when she was bitten by a dog owned by the defendant (Regan). The incident occurred when the defendant’s dog was being cared for by the plaintiff at her house while the defendant traveled out of state. With regard to defendant's tacit admission challenge, this court found that defendant’s silence in response to her daughter’s statement, “Well, mom, you know he bit you,” was within the trial court’s discretion to admit as a hearsay exception. As to the jury instructions, this court was not persuaded that there is a meaningful distinction between the words “vicious” and “dangerous” as used in the context of an action stemming from a dog bite.
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Mansour v. King County |
King County Animal Control issued an order requiring that Mansour to remove his dog from King County or give her up to be euthanized. On appeal, Mansour argued that the Board hearing violated his due process rights. The court of appeals agreed, finding that in order for Mansour, or any other pet owner, to effectively present his case and rebut the evidence against him, due process requires that he be able to subpoena witnesses and records.
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Manzke v. Jefferson County |
Joshua Pernat and Sara Manzke owned property that had four miniature goats and two geese on it. Sara (plaintiff) applied for a zoning variance and a conditional use permit to accommodate her emotional support animals. Jefferson County and the Town of Ixonia denied her applications. Sara then brought forth claims under the Fair Housing Amendments Act and Wisconsin’s Open Housing Act that she was discriminated against by Jefferson County and the Town of Ixonia. Joshua and Sara also sought a notice of removal of a small claims action brought forth by Jefferson County seeking monetary sanctions for the alleged violations of the zoning variance. Jefferson County argued that the plaintiff’s federal reasonable accommodation claim was not ripe because the County never made a final decision with respect to Sara’s applications for a variance and conditional use permit. When the Town of Ixonia voted to recommend that Jefferson County deny the plaintiff’s variance application, the plaintiff withdrew her applications from consideration. Sara argued that the town’s denial “foretold a denial by the County,” and any further appeal to the County would have been fruitless. The Court did not agree. The County had no obligation to follow the town’s recommendation. The Court dismissed plaintiff’s Fair Housing Amendments Act claim for lack of subject matter jurisdiction and accordingly dismissed plaintiff’s state law claim without prejudice. Since Sara was unable to state a federal claim, the Court also held that Sara and Joshua could not remove the small claim by Jefferson County to federal court. |
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Marek v. Burmester |
In this New York case, a bicyclist was injured after allegedly being chased and attacked by defendant's two dogs. The plaintiff-bicyclist sued to recover damages for his injuries. The Supreme Court , Putnam County, granted a defense motion for summary judgment, and the bicyclist appealed. The Supreme Court, Appellate Division, held that a genuine issues of material fact existed as to whether defendants had constructive notice of the dogs' proclivity to chase bicyclists on the roadway and as to whether those actions put others at risk of harm.
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Marine Mammal Conservancy, Inc. v. Department of Agr. |
A nonprofit organization petitioned for review of the order of administrative law judge (ALJ) which denied organization's motion to intervene in administrative proceedings under Animal Welfare Act. The Court of Appeals held that the organization's failure to appeal administrative denial to judicial officer precluded judicial review of ALJ's actions.
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