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Pulaski v. Chrisman |
Residents of a mobile home park attempted to get injunction preventing the conversion of their mobile home park into a community campground. Plaintiffs claimed violation of the Endangered Species Act due to the possible removal of endangered species during the renovation. The court held it did not have jurisdiction to entertain part of plaintiffs Endangered Species claim because of a procedural violation and that plaintiffs failed to show violation of the Endangered Species Act was likely on the remainder of their claims.
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Puppies 'N Love, v. City of Phoenix |
Defendant City of Phoenix passed an ordinance that prohibited pet stores from selling dogs or cats obtained from persons or companies that bred animals; pet stores could only sell animals obtained from animal shelters or rescue organizations. Puppies 'N Love operated a pet store in Phoenix that sold purebred dogs obtained from out-of-state breeders. Puppies 'N Love and its owners sued the City, claiming primarily that the Ordinance violated the dormant Commerce Clause of the United States Constitution by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local breeders. All parties, including Intervenor Humane Society of the United States (“HSUS”), filed motions for summary judgment. The District Court granted the Intervenor’s and the city’s motions, but denied Puppies ‘N Love’s motion, thereby upholding the ordinance. |
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Ranchers Cattleman Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture |
The court was presented with the question of whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States. The court concluded that it did and therefore reversed the district court.
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Range v. Brubaker |
Plaintiff brought a civil rights action against Defendants employed by the City of South Bend, Indiana (the “City”), part of the allegations being that Defendants unlawfully failed to interview Plaintiff for a position on the Animal Control Commission (the “Commission”).
During discovery, Defendants filed a, after Defendants had already disclosed the names of such individuals.
The United States District Court, N.D. Indiana, Fort Wayne Division granted Defendants’ motion for a protective order to bar the disclosure of the home addresses of the Commission’s volunteer members, finding that Defendants provided “a particular and specific demonstration of fact” such that Plaintiff’s discover of the Commission members’ addresses should be barred, and that the relative lack of relevance of the discovery sought did not outweigh the potential harm caused by disclosure of the Commission members’ addresses.
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Reams v. Irvin |
On Plaintiff’s civil rights § 1983 action against Defendant, the Commissioner of the Georgia Department of Agriculture, based on the impoundment of forty-six horses and three donkeys from Plaintiff’s property following an investigation into potential violations of the Georgia Humane Care for Equines Act (the “Act”), Plaintiff appealed the District Court’s decision to grant Defendant’s motion for summary judgment, arguing that Defendant is not entitled to qualified immunity because Defendant failed to provide Plaintiff with an opportunity to be heard prior to the seizure of her equines, adequate notice of Plaintiff’s right to and procedure for requesting a hearing, and adequate post-deprivation process. The United States Court of Appeals, Eleventh Circuit affirmed the lower court’s decision, finding that the risk of erroneous deprivation in this case was minimal in light of the State’s compliance with the standards and procedures for inspection and impoundment prescribed by the Act, that the statutory notice of the right to contest the impoundment was reasonably calculated to provide Plaintiff with notice of her right to a hearing, and that the Act provided adequate power to review and to remedy violations of due process.
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Reams v. Irvin |
The plaintiff brought a 42 U.S.C 1983 action against police officers she claimed violated her civil rights under the Due Process Clause, the Equal Protection Clause, and the Fourth Amendment to the United States Constitution when they impounded 46 of her horses on suspicion of animal abuse. Upon a summary judgement motion by the defendants, the court dismissed all of the plaintiff's claims. Responding to the Fourth Amendment claim in particular, the court held that
an old dairy barn, which was being used to hide dead horses, was neither within the curtilage of the home nor protected by the Fourth Amendment.
After applying the
Dunn
factors, the court determined that the barns distance of 150 yards from the dwelling on the farm, its use for the commercial production of dairy products, its lacks of enclosure, and its missing doors all militated against it being part of the curtilage of the home and it did not enjoy Fourth Amendment privacy protection.
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Recchia v. City of Los Angeles Dep't of Animal Servs. |
Petitioner Recchia sued the City of Los Angeles and animal control officers for violations of the Fourth and Fourteenth Amendment and claims for state law tort violations. The claims arise from the 2011 warrantless seizure of Recchia's 20 birds (18 pigeons, one crow, and one seagull) kept in boxes and cages on the sidewalk where he lived (Recchia was homeless at the time). Animal control officers investigated Recchia after a complaint that a homeless man had birds at his campsite. Officers found cramped and dirty cages with several birds in "dire physical condition," although there is evidence the birds were in that condition before Recchia possessed them. After officers impounded the birds, a city veterinarian decided that all the pigeons needed to be euthanized due to concerns of pathogen transmission. Recchia discovered that the birds had been euthanized at his post-seizure hearing that was four days after impounded of the animals. At that hearing, the magistrate found the seizure was justified under the operative anti-neglect law (California Penal Code § 597.1(a)(1)). This § 1983 and state claim action followed. The district court adopted the magistrate judge's report and granted summary judgment for the defendants. On appeal, this court first examined whether the seizure of the healthy-looking birds was justified. The court held that hold that there was a genuine factual dispute about whether the healthy-looking birds posed any meaningful risk to other birds or humans at the time they were seized (it affirmed the dismissal as to the seizure of the birds that outwardly appeared sick/diseased). With regard to seizure of the birds without a pre-seizure hearing, the court applied the Matthews test to determine whether Recchia's rights were violated. Looking at the statute under which the birds were seized (Section 597.1), the court found that the law does afford adequate due process for Fourteenth Amendment purposes. As to other claims, the court granted Recchia permission to amend his complaint to challenge the city policy of not requiring a blood test before euthanizing the birds. The court also agreed with the lower court that the officers had discretionary immunity to state tort law claims of in seizing the animals. The district court's summary judgment was affirmed on Fourteenth Amendment and state tort claims against the officers, but vacated summary judgment on the Fourth Amendment claims against the animal control officers and constitutional claims against the city. |
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Red Wolf Coalition v. United States Fish and Wildlife Service |
The plaintiffs, Red Wolf Coalition, filed suit against the United States Fish and Wildlife Service (USFWS) alleging that USFWS had violated Sections 4, 7, and 9 of the Endangered Species Act (ESA) and also failed to comply with the National Environmental Policy Act (NEPA) when it allowed for the lethal or non-lethal taking of red wolves on private land. In response to the plaintiffs’ claim, USFWS asked the court to limits its review to the administrative record arguing that any discovery outside the administrative record would violate the Administrative Procedure Act’s scope and standard or review. The court decided not to limit the scope of review, stating that the plaintiffs’ claims fell under the citizen suit provision of the ESA and those types of law suits allow for discovery. Also, plaintiffs made a motion for a preliminary injunction to stop USFWS from conducting or authorizing the take of wild red wolves on private land whether or not the wolf has been a threat to humans, pets, or livestock. In order for the plaintiffs’ to succeed on this motion, the plaintiffs needed to make a clear showing of four elements: (1) plaintiffs’ are likely to succeed on the merits of the claim, (2) plaintiffs are likely to suffer irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in plaintiffs’ favor, and (4) an injunction is in the public interest. The court found that the plaintiffs’ were able to establish the first element because plaintiffs demonstrated that USFWS failed to adequately provide for the protection of red wolves by allowing for the taking of red wolves on private land, which may jeopardize the population’s survival in the wild. Next, the court held that plaintiffs’ were able to establish the irreparable harm requirement based on the fact that the threat to the red wolf population would clearly decrease their ability to enjoy red wolves in the wild and the possibility of the “decline or extinction of the species would cause them to suffer irreparable harm.” Lastly, the court found that granting the preliminary injunction would be in the public interest because “the equitable scales are always tipped in favor of the endangered or threatened species.” For those reasons, the court granted plaintiffs’ motion for a preliminary injunction. |
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Reed v. Vickery |
A veterinarian performed a pre-purchase examination on a horse and indicated to the prospective buyers that the horse was in good health. The vet facility failed to disclose that a different vet at the same facility had injected the horse to mask lameness. The purchasers had a cause of action for negligence where the statements made by the facility constituted misrepresentations or concealment. The measure of damages was the difference between the horse’s fair market value before and after the loss.
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Reichley v. Pennsylvania Dept. of Agriculture |
Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks.
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