Federal

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Titlesort descending Summary
Kuehl v. Sellner Plaintiffs, including advocacy organization Animal Legal Defense Fund (ALDF), brought suit against defendants the Sellners and the Cricket Hollow Zoo to enjoin defendants' mistreatment of their animals in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. Defendants ran a zoo with over 300 animals, including lemurs, tigers, cougars, monkeys and birds, among others. Several of the plaintiffs visited defendants' zoo and witnessed care that raised concerns about the animals' mental and physical well-being, including lemurs kept in isolation with insufficient climbing structures, and tigers kept in feces-filled cages with inadequate care/enrichment. The district court denied plaintiffs' requests for attorney fees and costs and also transferred the animals to a facility that was not proposed by plaintiffs. On appeal, defendants argued that plaintiffs lack standing, and, even if they had standing, defendants contend that they did not violate the ESA. Plaintiffs also appealed, challenging the district court's placement decision for the animals, as well as the court's denial of their request for attorney fees. The Court of Appeals disagreed with defendants that plaintiffs lacked standing because "[they] visited the Cricket Hollow Zoo for the purpose of looking for claimed violations." The court noted that "it is the violation itself" and not the search for it that has caused injury to the plaintiffs. As to defendants' argument that they could not have violated the ESA because the Animal Welfare Act (AWA) provides a "safe harbor" for licensed facilities, the court found that the AWA does not provide a blanket immunity to the ESA. Here, the defendants harassed the lemurs under the ESA by keeping them socially isolated with insufficient enrichment. The defendants also harassed the tigers under the ESA by failing to provide appropriate veterinary care and keeping them in unsanitary conditions. With regard to the placement of the animals at a facility chosen by defendants, this court found no clear error by the district court and, thus, there was no abuse of discretion in the placement decision. Finally, as to denial of plaintiffs' request for attorney fees and costs, the court found that plaintiffs were seeking fees to serve "as a vehicle to close Cricket Hollow." The court was concerned that the use of the ESA as a "weapon" to close small, privately-owned zoos was not envisioned by the Act. Hence, those circumstances justified the district court's decision to deny the motion for attorney fees. The lower court's decision was affirmed.
Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin


Action was brought to determine Indian tribe members' rights related to off-reservation hunting of white-tailed deer, fisher and other furbearing animals, and small game within the area of the state ceded to the United States by the plaintiff tribes.  The Court held that Indians and non-Indians were each entitled to one half of game harvest within each harvesting area rather than as a whole territory to accommodate the longer Indian hunting season.  With regard to hunting on private land in the ceded area, the Court held that plaintiffs' members have no more rights than non-Indian hunters to hunt or to trap on private lands, as tribal members who are hunting or trapping on private lands are still subject to state hunting and trapping regulations.  The Court also held that the state could properly prohibit Indians from hunting deer during the summer and at night due to the safety risk to humans.
Lacy v. U.S.


The owner of a horse tried to enter his horse into the 64th Annual Tennessee Walking Horse National Celebration. Upon closer inspection of the horse, experts determined the horse was "sore," meaning the horse had an injury to or sensitization of its legs that induced a high stepping gait for which Tennessee Walkers are known. While the horse's owner contended that the soreness occurred as a result of  the West Nile Virus, he was eventually convicted with a violation of the Horse Protection Act, (15 U.S.C. §§ 1821-1831). This Court affirmed Lacy's conviction, finding that that substantial evidence supported the JO's conclusion that Lacy failed to rebut the statutory presumption of soreness.
Ladnier v. Norwood


Plaintiff horse owner sought review of a judgment of the United States District Court for the Eastern District of Louisiana, which found in favor of defendants, veterinarian and insurer, in an action to recover damages for the death of plaintiff's horse. The court affirmed the judgment that found defendants, veterinarian and insurer, not negligent in the death of a horse belonging to plaintiff horse owner because they met the statutorily required standard of care. Defendants did not breach a duty to warn because the risk of a fatal reaction to the drug they gave to the horse was common and was considered by equine specialists to be insubstantial.
LaRosa v. River Quarry Apartments, LLC Plaintiffs, Robert and Iva LaRosa filed this action in August of 2018, alleging that the defendants violated their rights under the Fair Housing Act ("FHA"). The Court dismissed the complaint and the Plaintiffs filed an amended complaint. The Plaintiffs had applied to live at River Quarry Apartments in August of 2017. They requested a reasonable accommodation to keep their dog at the apartment without paying a fee. The Plaintiffs provided a copy of a note from a nurse practitioner stating that the companion dog helps manage Mr. LaRosa’s post-traumatic stress disorder. The Plaintiffs were approved for the apartment but told that their reasonable accommodation request was still being processed and received forms to fill out regarding the reasonable accommodation. River Quarry required Mr. LaRose’s doctor to fill out a form verifying the need for an assistance animal. Rather than completing the form, the plaintiffs provided a letter from Mr. LaRosa’s primary care physician which stated that in the doctor’s opinion, an emotional support animal would help mitigate the symptoms that Mr. LaRose was experiencing. River Quarry insisted on speaking with Mr. LaRose’s doctor directly to verify the information that the plaintiffs had given. After Kirk Cullimore, an attorney on behalf of River Quarry, spoke with the doctor, River Quarry wrote a letter to the Plaintiffs denying their request for a reasonable accommodation stating that the doctor declined to verify that Mr. LaRosa met the two prong test that one must be handicapped and there must be a nexus between the handicap and the need for the animal. Soon after this, Mr. LaRosa saw his primary care physician and had the actual form completed by his doctor and turned it in to River Quarry. Kirk Cullimore believed that the doctor’s signature on the form was forged and called Mr. LaRose’s doctor to speak with him again. The doctor’s secretary informed Cullimore that the signature was genuine. Mr. and Mrs. LaRosa argued that they were injured by the discrimination of the Defendants in violation of the FHA. The Court denied the Plaintiffs claim under the FHA because they did not sufficiently allege that the Defendants refused to make the requested accommodation. River Quarry allowed the dog to stay in the apartment while their request for an accommodation was reviewed. The Court stated that housing providers are granted a meaningful opportunity to investigate a request for an accommodation. Housing providers do not have to immediately approve a request for an accommodation right away. River Quarry ended up approving the request within 45 days after the initial request. The Court held that this was not an unreasonable delay considering that River Quarry did not have sufficient information to make a determination until after Mr. LaRosa’s doctor completed the verification form. Prior to that the doctor’s letter and the phone call between Cullimore and the doctor did not reveal enough information for River Quarry to make a determination on the accommodation. The Plaintiffs, however, succeeded on their interference claim. The LaRosas were engaged in a protected activity when they applied for a reasonable accommodation and they sufficiently alleged that they were subjected to adverse action and that a causal link existed between the protected activity and the adverse action. The Defendants misrepresented the contents of Mr. Cullimore and Mr. LaRosa’s doctor’s conversation. The Court ultimately denied in part and granted in part the Defendant’s motion to dismiss and denied in part and granted in part the motion to dismiss claims against Kirk Cullimore and his law office.
Lawson v. Pennsylvania SPCA Upon an investigation of numerous complaints, the Pennsylvania Society for the Prevention of Cruelty obtained a warrant and searched plaintiffs’ house. As a result, plaintiffs were charged with over a hundred counts that were later withdrawn. Plaintiffs then filed the present case, asserting violations of their federal constitutional rights, as well as various state-law tort claims. Defendants moved for summary judgment, claiming qualified immunity. The district court granted the motion in part as to: (1) false arrest/false imprisonment, malicious prosecution of one plaintiff and as to 134 of the charges against another plaintiff, negligent and intentional infliction of emotional distress, defamation, and invasion of privacy; and (2) to the following claims in Count One: verbal abuse, security of person and property, false arrest/false imprisonment, due process and equal protection, and failure to train or discipline as the result of a policy or custom. The District Court denied the motion with respect to (1) the following claim in Count One: unreasonable search and seizure and the individual defendants' request for qualified immunity in connection with that claim; and (2) with respect to one plaintiff's malicious prosecution claim, but only to the charge relating to the puppy's facial injuries.
Lawton v. Steele


Plaintiffs sued defendant fish and game protectors to recover damages for the loss of their seized fishing nets.  At issue was the New York statute that prohibited fishing in the area where plaintiffs were fishing and proscribed seizure of fishing gear used in violation of the statute.  The U.S. Supreme Court held that such a statute is a constitutional exercise of state police power, as the protection of fish and game has always been within the proper domain of police power.  Further, the court found the legislature acted properly in providing a seizure component to the statute to control what it termed a "public nuisance." 
LEE ROACH AND ROACH LABORATORIES, INC.
Company which produces antiserum for medical diagnostic tests by injecting rabbits and other live animals with antigens and then extracting their blood is research facility within meaning of Act.
Lesher v. Reed


Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.
Lesser v. Epsy
Owner had a rabbitry, and the rabbits were sold for scientific research.

 

Inspection of the rabbitry without a warrant occurred, and Owner claimed that his constitutional rights were violated.

 

Search without a warrant was appropriate because any deficiencies could have been easily concealed if notice of a search was provided to the Owner.

 

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