Impound or Animal Control
Displaying 151 - 160 of 341
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| Mahan v. State | Mahan had over 130 animals on her property. Alaska Equine Rescue went to check on the condition of the animals at the request of her family members. The animals were in poor health and were removed by Alaska State Troopers and the Rescue. The animals were then placed in foster homes. The defendant's attorney requested a writ of assistance to require law enforcement to assist and force the foster families to answer a questionnaire. The appellate court held that the families were under no legal obligation to answer the questionnaire unless the court were to issue a deposition order and the families were to be properly subpoenaed. The district court's denial of the writ was upheld. Mahan's attorney also asked for a change of venue due to the publicity the case garnered. The court held the defendant was not entitled to a change of venue when 15 jurors had been excused and there was no reason to doubt the impartiality of the jurors who were left after the selection process. There was no indication that the jurors were unable to judge the case fairly. Mahan's attorney also filed a motion to suppress a majority of the evidence, claiming that the Rescue and law enforcement unlawfully entered the property. The judge stated he would rule on the motion if it was appropriate to do so. The judge never ruled on the motion. To preserve an issue for appeal, the appellant must obtain an adverse ruling, thus it constituted a waiver of the claim. Mahan was also prohibited from owning more than one animal. She offered no reason why this condition of probation was an abuse of the judge's discretion, therefore it was a waiver of this claim. Lastly, although the Rescue received donations from the public to help care for the animals, that did not entitle Mahan to an offset. Restitution is meant to make the victims whole again and also to make the defendant pay for the expense caused by their criminal conduct. |
| Malane Wilson v. City of St. Louis; Dian K. Sharma, Health Commissioner, City of St. Louis Department of Health and Hospitals; R |
This action concerns the release of a dog who was impounded and classified as “dangerous” without a chance for his owner to argue against the action. Plaintiff Malane Wilson filed a petition for a preliminary and permanent injunction, a petition for declaratory judgment, and a petition for replevin against the City of St. Louis and the Animal Regulation Center, among others. The subject of the petitions concerned her American Pit Bull Terrier named Max who was seized by agents of the Animal Regulation Center as an apparent “dangerous dog.” Plaintiff contends that Max’s alleged actions in killing the neighbor’s dog did not qualify under the St. Louis City Ordinance as a “dangerous dog.” Further, plaintiff was not given any legal or administrative hearing once her dog was seized, contrary to due process requirements. She also sought in her declaratory petition to have the ordinance declared illegal, void, and unconstitutional for its failure to adequately define “dangerous dog” and “potentially dangerous dog.” The Circuit Court for the City of St. Louis found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted. Thus, the City was enjoined from killing or otherwise harming Max. They were also ordered to release Max, remove his “dangerous” designation, and have him instead classified as “potentially dangerous.” The plaintiff was required to comply with enclosure and other safety requirements for Max. |
| Maldonado v. Fontanes |
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| Maldonado v. Franklin | Trenton and Karina Franklin moved into a subdivision in San Antonio, Texas in September of 2017. Margarita Maldonado lived in the home immediately behind the Franklins’ house and could see into the Franklins’ backyard. Maldonado began complaining about the Franklins’ treatment of their dog. The Franklins left the dog outside 24 hours a day, seven days a week no matter what the weather was like. Maldonado also complained that the dog repeatedly whined and howled which kept her up at night causing her emotional distress. Maldonado went online expressing concern about the health and welfare of her neighbor’s dog, without naming any names. Mr. Franklin at some point saw the post and entered the conversation which lead to Mr. Franklin and Maldonado exchanging direct messages about the dog. Maldonado even placed a dog bed in the backyard for the dog as a gift. In December of 2017, the Franklins filed suit against Maldonado for invasion of privacy by intrusion and seclusion alleging that Maldonado was engaged in a campaign of systemic harassment over the alleged mistreatment of their dog. While the suit was pending, Maldonado contacted Animal Control Services several times to report that the dog was outside with the heat index over 100 degrees. Each time an animal control officer responded to the call they found no actionable neglect or abuse. In June of 2018, Maldonado picketed for five days by walking along the neighborhood sidewalks, including in front of the Franklins’ house, carrying signs such as “Bring the dog in,” and “If you’re hot, they’re hot.” The Franklins then amended their petition adding claims for slander, defamation, intentional infliction of emotional distress, and trespass. The trial court granted a temporary injunction against Maldonado, which was ultimately vacated on appeal. Maldonado filed a Anti-SLAPP motion and amended motion to dismiss the Franklins’ claims as targeting her First Amendment rights. The trial court did not rule on the motions within thirty days, so the motions were denied by operation of law. Maldonado appealed. The Court began its analysis by determining whether Maldonado’s motions were timely. Under the Texas Citizen’s Participation Act (TCPA) a motion to dismiss must be filed within sixty days of the legal action. The sixty-day deadline reset each time new factual allegations were alleged. Due to the fact that the Franklins had amended their petition three times and some of the amended petitions did not allege any new factual allegations, the only timely motions that Maldonado filed were for the Franklins’ claims for slander and libel. The Court then concluded that Maldonado’s verbal complaints to the Animal Control Service and online posts on community forums about the Franklins’ alleged mistreatment of their dog were communications made in connection with an issue related to a matter of public concern and were made in the exercise of free speech. Therefore, the TCPA applied to the Franklins’ slander and libel claims. The Court ultimately concluded that although Maldonado established that the TCPA applied to the slander and libel claims, the Franklins met their burden to establish a prima facie case on the slander and libel claims. Therefore, the Court ultimately concluded that Maldonado’s motion to dismiss the slander and libel claims were properly denied. The Court affirmed the trial court’s order and remanded the case to the trial court. |
| Mangy Curs and Stoned Horses: Animal control in the District of Columbia from the beginnings to about 1940 | |
| McCall v. State |
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| MD - Animal control - § 1-1315. Adoption fee waiver for veterans at animal control facilities | This Maryland statute, enacted in 2021, states that an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver's license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12-302 of the Transportation Article. The animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6-month period. |
| MD - Animal Shelters - Subtitle 17. Animal Shelters | This chapter effective October 1, 2016 states that the intent is to enhance animal shelter services by promoting humane animal sheltering policies and strengthening community safety. Before January 1, 2017, an animal shelter shall establish a written veterinary care protocol for dogs and cats that is consistent with guidelines set forth in the most recent Association of Shelter Veterinarians' Guidelines for Standards of Care in Animal Shelters. That same date, an animal shelter must post on the animal shelter's Web site or in a conspicuous location within the animal shelter's facility a written protocol for reclaiming animals from the animal shelter that includes the minimum holding period for stray animals, the hours of operation, the fees for reclaiming an animal, and the documentation/identification required for reclaiming. Violation of this subtitle results in a civil penalty of $500. |
| MD - Humane officers - § 1-1314. Humane society or animal control officers; education and training requirements | This Maryland law, added in 2021, creates education and training requirements for new humane and animal control officers. The training requires satisfactory completion of at least 80 hours of animal care and control coursework as described in the law. There are also continuing education requirements on an annual basis. |
| MD - Licenses - Article 24. Political Subdivisions--Miscellaneous Provisions. |
This law, enacted in 2013, replaces a former section that dealt with the running at large of dogs. The new section concerns Calvert County and establishes guidelines for the issuance of dog and kennel licenses and dog tags. The "Animal Matters Hearing Board" was also created under this law. The Board's duty is to "resolve disputes and controversies arising under animal control ordinances adopted under subsection (c) of this section." The law also makes a dog running at large in Calvert County without a properly attached licensed a "nuisance," subject to seizure, detention, and euthanasia. A holding period for seized dogs (72 hours) is also established under the new law. |