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Maldonado v. Fontanes |
This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly Spanish-speakers, were given notice of the new "no pet policy," which were written in English. During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This First Circuit affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed. Included in the pleading documents are plaintiffs' second amended complaint filed in 2007 and plaintiffs' brief filed in December 2008.
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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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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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Marine Wonderland & Animal Welfare Park, Ltd., v. Kreps |
The facts of this case deal with an Canadian amusement park that had dolphins in its possession en route to Canada when it was forced to land in the United States. In this case, the court found that the National Oceanic and Atmospheric Administration ("NOAA"), which is the agency charged with the administration of the MMPA, must be accorded first opportunity to interpret the meaning of "importation." The NOAA, as fact-finder and record-builder, is best suited to determine legal and factual determinations.
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Marino v. Nat'l Oceanic & Atmospheric Admin. |
Plaintiff animal welfare organizations sued the National Marine Fisheries Service (NMFS) and its parent agency, the National Oceanic and Atmospheric Administration, seeking to enforce conditions in permits held by SeaWorld. The permits authorize the capture and display of orcas and require display facilities to transmit medical and necropsy data to the NMFS following the death of an animal displayed under the terms of a permit. In 1994, the Marine Mammal Protection Act (MMPA) was amended such that it shifted authority to oversee conditions of marine mammals at exhibitors from NMFS to the Animal and Plant Health Inspection Service (APHIS). After three pre-1994 orcas died at SeaWorld, plaintiffs tried to convince NMFS that it still had the authority to enforce the pre-1994 rules related to release of records, but NMFS contended that its authority was extinguished in 1994. Plaintiffs brought suit, arguing that the NMFS's policy rests upon an arbitrary and capricious interpretation of the MMPA, and that its refusal to enforce the permit conditions was also arbitrary and capricious. The district court dismissed the plaintiffs’ suit for lack of standing. On appeal here, the court examined plaintiffs' standing under the three-part Lujan test. The court found a lack of redressability for the plaintiffs. Plaintiffs fail to allege any facts from which the court could infer the relief they seek would likely cause the NMFS to redress their alleged harms. In fact, because the MMPA language on permits is permissive, NMFS has discretion whether to enforce them. This is coupled with the fact that there is no evidence that third-party SeaWorld will turn over the reports even if NMFS were to direct them. Therefore, this court held that the district court did not err in determining that the plaintiffs lacked standing to pursue this case. Affirmed. |
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Mayfield v. Bethards |
In this case, plaintiffs sued defendant, Officer Bethards, for unlawfully killing their pet dog Majka. Plaintiffs' dogs were lying in plaintiffs' unfenced front yard when the officers entered the yard and then followed the dogs to the back of the house, eventually killing one of the dogs. The plaintiffs argued that by unlawfully killing their dog, Officer Bethards violated their constitutional rights under the Fourth Amendment by entering the property without a warrant with the intention of killing the dogs. Officer Bethards moved to have the complaint dismissed for a failure to state a claim and the court denied this motion. Specifically, Officer Bethards argued that this was not a violation of the Fourth Amendment because the Fourth Amendment only applies to “effects,” which does not include dogs. The court disagreed, finding that Fourth Amendment protection for pet dogs is a clearly established right. Ultimately, the court held that the plaintiffs asserted facts sufficient to show a violation of their clearly established Fourth Amendment rights and the district court's order denying Deputy Bethards's motion to dismiss was affirmed.
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McClendon v. Story County Sheriff's Office |
A farmer was neglecting her horses and the entire herd confiscated by animal control officers. The farmer brought a section 1983 claim against the animal control officers for acting outside of the scope of their warrant by removing more than just the sick horses. The Court of Appeals affirmed the trial court in part, holding the animal control officers were entitled to qualified immunity and seizure of all the horses was not unreasonable or outside the scope of the warrant.
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McCready v. Virginia |
McCready, a citizen of Maryland, was indicted, convicted, and fined $500, in the Circuit Court of Gloucester County, Va., for planting oysters in Ware River, a stream in which the tide ebbs and flows, in violation of sect. 22 of the act of the assembly of Virginia. The precise question to be determined in this case is, whether the State of Virginia can prohibit the citizens of other States from planting oysters in Ware River, a stream in that State where the tide ebbs and flows, when its own citizens have that privilege. The Court held that the fisheries of a state are not a privilege or immunity of the citizens therein, but rather a property right of the people of the state. Thus, the citizens of one State are not invested by this clause of the Constitution with any interest in the common property of the citizens of another State. The Court also found the Commerce Clause inapplicable, as there is here no question of transportation or exchange of commodities, but only of cultivation and production.
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Merced v. Kasson |
Plaintiff José Merced, a Santeria Oba Oriate, or priest, brought action against the City of Euless alleging that city ordinances prohibiting the keeping of animals for slaughter and the slaughtering of animals prevented him from performing animal sacrifices essential to Santeria religious practice. The United States District Court for the Northern District of Texas ruled in favor of the city, but denied its request for attorney fees. The Court of Appeals reversed the decision in favor of the city and affirmed the denial of attorney fees. The court found that the city did not prove that the burden it placed on the plaintiff advanced a compelling interest and was the least restrictive means of doing so. In fact, the Court noted that prior to the ban, Merced had performed these sacrifices for sixteen years without creating health hazards or unduly harming any animals. The City's purported interest was further undermined by the fact that hunters are allowed to butcher dead animals at their homes. Thus, Euless failed to assert a compelling governmental interest in support of its ordinances that burden Merced's religious conduct.
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Miccosukee Tribe of Indians of Florida v. U.S. |
This case examines the requirements surrounding the issuance of an Incidental Take Statement (ITS), a statement that authorizes harm to an endangered species, but that must include a trigger for reviewing the decision (known as “re-consultation”) at the point when there is a risk of jeopardizing the species. The trigger must be a numerical trigger describing the “take” (e.g., the capturing or killing of members of an endangered species) in terms of specific population data unless it is impractical to do so.
Specifically, this case explores whether the Army Corps of Engineers and FTS were able to use an ecological surrogate in place of a numerical trigger in an ITS that was promulgated in the process of conservation work in the Everglades.
This conservation work involved manipulating water levels in the Everglades and impacted the viability of three species protected under the Endangered Species Act (the Cape Sable seaside sparrow, the Everglade snail kite, and the wood stork), as well as the well-being of the Miccosukee Tribe of Indians.
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