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Peoria County v. Capitelli |
This Illinois case concerns the appeal of a conviction for allowing a cat to run at large in violation of an ordinance enacted by the plaintiff, Peoria County. The defendant contends on appeal that the county as a non-home-rule unit of government lacked the authority to enact the ordinance. The court disagreed, finding the counties were given the express power to establish animal pounds and to dispose of stray animals pursuant to the provisions of the Impounding and Disposition of Stray Animals Act which concerns pet dogs and cats, and the Illinois Animal Control Act, which deals with stray animal control, rabies protection, liability for animal bites and related topics. More interesting is the dissent's position, which finds that the statute makes no mention of the power to regulate cats. Moreover, there can be no logical implication of authority to regulate cats running-at-large from the delegation of authority to regulate dogs running-at-large.
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Pray v. Whiteskunk |
In this South Dakota case, the plaintiff suffered a broken knee after Defendant's Rottweiler brook loose from its owner and ran toward the street, causing plaintiff to fall. Plaintiff brought an action for damages against both the dog owner and the city, specifically alleging the the city knew the dog was dangerous and failed to enforce its vicious animal ordinance. On appeal of the granting of summary judgment for the city, this court found that plaintiff failed to establish that the action taken by the city caused the harm to Pray or exposed her to greater risks, thereby leaving her in a worse position than she was in before the city took action. While this Court found that the city had actual knowledge of the dog's dangerousness, this alone is insufficient.
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Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida |
The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets.
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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 |
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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Resolucion 841-2003-SA-DM, 2003 - Peru |
Esta ley añade a la legislación actual normas relativas a los centros de atención canina y a la salud y el manejo de los perros a su cuidado. |
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Resolution 841-2003-SA-DM, 2003 - Peru |
This law adds to the present legislation regulations regarding dog care centers and the health and handling of the dogs in their care. |
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RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats |
These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification. |
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RI - Dogs - Consolidated Dog Laws |
These statutes comprise Rhode Island's dog laws. Among the provisions include licensing requirements, which are specified by county or town, vicious dog laws, and euthanasia provisions. |
