Anti-Cruelty

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Titlesort descending Summary
U.S. v. Stevens
Note that certiorari was granted in 2009 by --- S.Ct. ----, 2009 WL 1034613 (U.S. Apr 20, 2009).

In this case, the Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant in this case was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation.  Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority was unwilling to extend the rationale of

Ferber

outside of child pornography without direction from the Supreme Court.  The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest.
U.S. v. Stevens


Defendant was convicted of violating statute prohibiting the commercial creation, sale, or possession of depictions of animal cruelty. The Supreme Court held that the statute was unconstitutional for being substantially overbroad: it did not require the depicted conduct to be cruel, extended to depictions of conduct that were only illegal in the State in which the creation, sale, or possession occurred, and because the exceptions clause did not substantially narrow the statute's reach. (2011 note: 

18 U.S.C. § 48

was amended following this ruling in late 2010).
Uganda - Cruelty - Chapter 220 Animal Act
UK - Animal Welfare - Animal Welfare (Sentencing) Act 2021
United Pet Supply, Inc. v. City of Chattanooga, Tenn. In June 2010, a private non-profit corporation that contracted with the City of Chattanooga to provide animal-welfare services, received complaints of neglect and unsanitary conditions at a mall pet store. Investigations revealed animals in unpleasant conditions, without water, and with no working air conditioner in the store. Animals were removed from the store, as were various business records, and the private, contracted non-profit began to revoke the store's pet-dealer permit. Pet store owners brought a § 1983 suit in federal district court against the City of Chattanooga; McKamey; and McKamey employees Karen Walsh, Marvin Nicholson, Jr., and Paula Hurn in their individual and official capacities. The Owners alleged that the removal of its animals and revocation of its pet-dealer permit without a prior hearing violated procedural due process and that the warrantless seizure of its animals and business records violated the Fourth Amendment. Walsh, Nicholson, Hurn, and McKamey asserted qualified immunity as a defense to all claims. On appeal from district court decision, the Sixth Circuit held the following:

Hurn, acting as a private animal-welfare officer, could not assert qualified immunity as a defense against suit in her personal capacity because there was no history of immunity for animal-welfare officers and allowing her to assert qualified immunity was not consistent with the purpose of 42 U.S.C. § 1983.

Walsh and Nicholson acting both as private animal-welfare officers and as specially-commissioned police officers of the City of Chattanooga, may assert qualified immunity as a defense against suit in their personal capacities. With respect to entitlement to summary judgment on the basis of qualified immunity in the procedural due-process claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the permit, and Walsh is denied summary judgment on the claim based on the seizure of the permit.

Regarding entitlement to summary judgment on the basis of qualified immunity on the Fourth Amendment claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the business records, and Walsh is denied summary judgment on the claim based on the seizure of the business records.Because qualified immunity was not an available defense to an official-capacity suit, the court held that employees may not assert qualified immunity as a defense against suit in their official capacities.

The district court’s entry of summary judgment was affirmed in part and reversed in part, and remanded for further proceedings consistent with this opinion.
UNITED STATES of America v. Robert J. v. STEVENS, Appellant


The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation. Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest. Cert. was granted in April of 2009 by the U.S. Supreme Court.
UNITED STATES of America v. Robert J. v. STEVENS, Appellant


The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.
UNITED STATES OF AMERICA, Petitioner, v. Robert J. STEVENS


The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief by Stevens opposes the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.
United States v. Gideon


The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog.  The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute.  The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute.
US - Cruelty - § 11.446 Cruelty to animals. This regulation concerns acts of animal cruelty on Indian reservations or under the jurisdiction of tribal courts. According to § 11.446, a person commits a misdemeanor if he or she purposely or recklessly subjects any animal in his or her custody to cruel neglect; subjects any animal to cruel mistreatment; kills or injures any animal belonging to another without legal privilege or consent of the owner; or causes one animal to fight with another.

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