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LOUISVILLE & N. R. CO. v. WATSON |
On November 2, 1920, on a “moonlit night”, plaintiff was fox hunting by a railroad track when his dog was hit by the train. Plaintiff claimed that defendant’s employee negligently ran over his dog while acting within the scope of his duties as an operator of the train. The Alabama Supreme Court affirmed a jury award of $50, and held that it was proper for the plaintiff to show the excellent hunting qualities displayed by this dog to determine its market value.
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Lowry v. City of San Diego |
Plaintiff in this case filed suit against the City of San Diego after she was attacked and bit by one of the police dogs. Lowry alleged that the City’s policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights against unreasonable seizures. The court remanded the case back to the lower court, holding that a reasonable jury could find that the use of the police dog against Lowry was an intrusion on her Fourth Amendment rights. The court maintained that the officers had reason to believe that letting the dog into Lowry’s office “off-lead” had the potential of creating severe harm. The court also noted that Lowry was not attempting to evade or resist arrest and therefore letting the dog “off-lead” may not have been reasonable. Reversed and remanded for further proceedings. |
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Loy v. Kenney |
The background of the case involves buyers who sued alleged sellers of dogs for falsely advertising their pets as healthy when they were actually sick and died soon after. The buyers claimed that this violated the Consumers Legal Remedies Act. The Superior Court in Los Angeles County granted the buyers' motion for a preliminary injunction, which prevented the sellers from selling or advertising dogs. However, the sellers appealed this decision. The sellers' main issue at the the Court of Appeal was whether there was sufficient evidence to support the claim that the buyers purchased the puppies in question from the sellers. The court found relying on the buyers' declarations to establish the sellers' identities did not result in any harm. In addition, the buyers had provided adequate evidence to support their allegations that the puppies had been dyed brown. The court found the objections raised by the sellers regarding the evidentiary foundations for allegations relating to the dogs' ages, vaccinations, and causes of death were not relevant to the preliminary injunction. Substantial evidence existed to suggest that the buyers would likely succeed in their claim against the sellers and the balance of harms favored granting the preliminary injunction. Lastly, the sellers' persistence in their routine indicated that the public interest favored the grant of the preliminary injunction. Therefore, the Court of Appeal affirmed the decision. |
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Loy v. Kenney |
This is a case brought by purchasers of puppies from breeders advertising on Craigslist, against the breeders who were selling fatally sick puppies to these buyers. The buyers allege that the sellers misrepresented the puppies as healthy, when the dogs were actually too young to be separated from their mothers and many of these puppies ended up dying from illnesses such as parvovirus. The buyers brought suit for violation of the Consumers Legal Remedies Act, and for animal cruelty. The trial court granted a preliminary injunction to stop the sellers from advertising and selling dogs while trial was pending. This appeal followed, with the sellers arguing that there was insufficient evidence to show that they were the sellers of these sick puppies. However, the court of appeals affirmed. The court found that the evidence from the humane officer’s search of the seller’s home led to sufficient evidence that they were selling the sick puppies, including the seizure of 32 puppies and dogs living in unhealthy and cruel conditions. The puppies were being separated from their mothers too soon, and some were encrusted with feces. During the search, one of the sellers also told the officer that they would not stop selling puppies. Sellers attempted to raise several evidentiary objections to the evidence offered by the humane society officers, but all were rejected. Accordingly, the judgment was affirmed and awarded costs to the buyers who brought the action. |
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Luethans v. Washington University |
Plaintiff, a licensed veterinarian, appeals from the circuit court's order dismissing his case in a wrongful discharge case. Plaintiff contends that as an at-will employee he stated a cause of action for wrongful discharge under Missouri's public policy exception to the employment at-will doctrine. Specifically, he pleaded that he was retaliated against and discharged because he performed a regulatory protected activity, i.e., reporting violations of the Animal Welfare Act, 7 U.S.C. § 2143. The court agreed and reversed and remanded. |
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Lujan v. Defenders of Wildlife |
Respondents filed suit challenging the new regulation under the ESA that limited the jurisdiction to the U.S. and the high seas. While the case, was remanded the central issue to this case was whether respondents had standing to challenge the ruling.
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LUKUMI AT TWENTY: A LEGACY OF UNCERTAINTY FOR RELIGIOUS LIBERTY AND ANIMAL WELFARE LAWS |
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Lundy v. California Realty |
The Court of Appeals held that an owner of a dog may be held liable for injuries inflicted by it on another person without any showing the dog had any especially dangerous propensities or that the owner knew of any such dangerous propensities. However, to impose liability on someone other than the owner, even a keeper, previous knowledge of the dog's vicious nature must appear. Aside from the rental agreement, the property owners knew nothing whatever about the dog. Thus, the facts before the trial court fell far short of creating a triable issue of fact as to defendant property owners' knowledge of any dangerous propensities on the part of the tenant's dog. "Neither do we believe judicial notice may be taken that all German shepherds are dangerous. Nor can defendants' knowledge of any dangerous propensity of the dog be inferred simply because they knew his name was Thunder."
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Lunon v. Botsford |
Lunon had a German Shephard as a breed dog, named Bibi, which had gotten loose and was turned into the local animal shelter. The animal control officer failed to scan the dog for a microchip. After five days at the animal shelter, Bibi was sterilized and adopted out. Lunon was able to recover his dog through a replevin action, however, Lunon claimed that his fourteenth amendment right to procedural due process was violated when Bibi was spayed and adopted out without providing pre-deprivation notice and an opportunity for Lunon to be heard. Lunon filed suit against the animal control officer, two directors of the animal shelter in Pulaski County, the city of North Little Rock, Pulaski County, the Pulaski County Animal Shelter, and the North Little Rock Animal Shelter. The defendants removed the case to federal court and sought summary judgment. The district court did not grant summary judgment and the defendants appealed. The Court found that the animal control officer picking up Bibi and delivering her to the animal shelter did not deprive Lunon of a protected property interest. There is no constitutional duty for an animal control officer to scan a stray dog for a microchip. Therefore, the animal control officer was not liable. The public officials that participated in this action were all protected under governmental immunity because Lunon failed to demonstrate that each individual defendant violated his constitutional right to due process. The Court ultimately reversed the order of the district court and remanded with directions to enter judgment dismissing those claims with prejudice. |
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Luper v. City of Wasilla |
Plaintiff appealed a grant of summary judgment in favor of the City of Wasilla, Alaska's enforcement action over zoning ordinances. The facts stem from the City's denial of plaintiff's application for a use permit in 2005 to run an eighteen-dog kennel. Plaintiff argued on appeal that Wasilla's former three-dog limit infringed on her property rights in both her land and her dog. This court agreed with the lower court that the provision here bore a "fair and substantial relationship" the government purposes of controlling dog noise, reducing dog odor and pollution, and preventing loose dogs. Further, the court found that it was not reasonable for the plaintiff to rely on the city clerk's statement that she only needed a kennel license to operate a hobby kennel.
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