Farming or Food Production
Title |
Summary |
|---|---|
| Sprague v. Magruder Farms, Inc. |
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| Standing on New Ground: Underenforcement of Animal Protection Laws Causes Competitive Injury to Complying Entities |
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| Stanko v. Maher |
A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher. The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays. Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements. |
| STATE ANIMAL USE PROTECTION STATUTES: AN OVERVIEW | |
| State ex rel. Miller v. DeCoster |
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| State v. Hammond | Defendant Hammond appeals his conviction for misdemeanor animal abuse in violation of § 578.012. The facts underlying the conviction stem from defendant’s conduct with a horse. In 2016, police were dispatched to a horse that was "down" on a road. The officer observed multiple injuries on the horse's hooves, fetlocks, and lower legs. Its hooves were severely abraded, which was confirmed by subsequent veterinary examination. Another officer observed markings on the road indicative of a "blood trail" from defendant's residence to the location of the horse. According to this officer, defendant told him that he had been "doing farrier stuff to his horses and this particular horse had broke away from them five times and broke a couple of lead lines, burned some people’s hands, and that he was going to teach the horse a lesson." Ultimately, the officers were able to get the horse to stand and loaded into a trailer. It later died at the animal clinic to where it was taken. Defendant was charged with felony animal abuse and a jury trial was held. The jury convicted defendant of the lesser-included misdemeanor animal abuse. On appeal, defendant argues that the trial court erred by refusing to allow his counsel to read Missouri's right-to-farm amendment when it instructed the jury on the amendment. The court noted that, similar to a prior case evoking the right-to-farm amendment, the amendment itself was not intended to nullify or curtail longstanding laws. The prohibition against animal cruelty existed in some form in the Missouri code for 145 years. Further, the court disagreed with defendant's contention that his prosecution criminalized a legitimate farming practice. The jury convicted defendant based on a finding that, when he pulled the horse behind his truck, his conscious object was to cause injury or suffering to the horse. While defendant contends that his was employing a legitimate, established farming technique to "train" the horse, the jury rejected his claim. Defendant's claim on appeal that the animal abuse law could then be used to prosecute farmers for other legitimate farming activities (i.e., branding, castration, use of whips, etc.) was also rejected. The court found that the conscious object of such activities is not to inflect pain or suffering, but to achieve another goal. The pain is "incidental to the farmer's legitimate objectives." The jury found this not to be the case with defendant. Thus, the circuit court did not abuse its discretion when it refused to allow Hammond to read the right-to-farm amendment to the jury, and when it refused to instruct the jury on the amendment’s terms. Affirmed. |
| State v. Hatlewick |
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| State v. Kelso |
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| State v. Morison |
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| Stauber v. Shalala |
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