Impound or Animal Control

Displaying 271 - 280 of 337
Titlesort descending Summary
State v. Hershey Defendant's animals (22 dogs, three horses, and seven chickens) were impounded in 2017 after he was charged with second-degree animal neglect. The district attorney asked the court for immediate forfeiture of the animals or for defendant to post a bond for care within 72 hours of a hearing on the matter. In response, defendant filed a motion for jury trial. The lower court denied defendant's motion and the court of appeals affirmed the ruling. Here, the Oregon Supreme court considers whether a special statutory proceeding brought under ORS 167.347 provides a right to a jury trial in accordance with Article I, section 17, of the Oregon Constitution. The Court first looked at the nature of the relief in the statute insofar as whether such relief is equitable or legal. The Court found the purpose of the statute is mainly to provide unjust enrichment of the owner when the owner does not pay for the costs of their animals' care. As such, the court found the relief was equitable in nature. This was supported by examining the legislative history, which revealed the law was enacted in the wake of one county incurring approximately $100,000 in a large animal abuse case. In addition, the Court found the instant statute similar in nature to laws related to costs care of institutionalized humans in the early 20th Century. Those proceedings to enforce payment of the legal obligation to care for someone under government care were determined not to require jury trials. The court rejected defendant's reliance on two cases dealing with in rem civil forfeiture in a criminal proceeding as the purpose of those actions are to impose consequences for past conduct rather than prevent inequitable shifting of costs of care. The purpose of ORS 167.347 is to equitably share costs between the county and the defendant and to protect against unjust enrichment of defendant. The decision of the Court of Appeals and the order of the circuit court were affirmed.
State v. Lesoing-Dittoe


A married couple owned a pet dog that had a history of injuring other dogs.  The married couple's dog injured a neighbors dog and, under a Nebraska Statute, was ordered to be destroyed.  The Supreme Court of Nebraska reversed the decision holding the penalty was unreasonable.
State v. Schuler Appellant is appealing an animal cruelty conviction. A deputy dog warden received a report from a deputy sheriff who observed a pit bull on appellant's property who was unable to walk and in poor condition while responding to a noise complaint. Appellant released the dog to the deputy and the dog was later euthanized. While the deputy was on appellant's property she observed two other dogs that were extremely thin which prompted the deputy to return to the appellant's house the next day, but the appellant was in the hospital. The deputy later returned to the appellant's home a few days later and the appellant's ex-wife allowed the deputy to perform an animal welfare check on the property. Two Australian cattle dogs were very muddy and in an outdoor kennel with no food or water. Numerous chickens, rabbits, mice, snakes, and raccoons were also observed inside and outside the house all living in cramped, filthy conditions. The deputy went to the hospital and the appellant signed a waiver releasing the raccoons and snakes to the wildlife officer, but the appellant refused to release the other animals to the deputy. As a consequence a search warrant was obtained. "Two raccoons, 3 black rat snakes, 8 dogs, 7 chickens, 3 roosters, 17 rabbits, 5 rats, 200 mice, and 2 guinea pigs were removed from the property." Appellant was charged by complaints with five counts of cruelty to animals and two counts of cruelty to companion animals. An additional complaint was filed charging appellant with one count of cruelty to a companion animal (the euthanized pit bull). The appellant raised 3 errors on appeal. The first error is that the court lacked subject-matter jurisdiction to convict him of animal cruelty. The Court found that the complaint charging the appellant with animal cruelty in counts B, C, and D were not valid because it did not set forth the underlying facts of the offense, did not provide any of the statutory language, and failed to specify which of the 5 subsections the appellant allegedly violated. Therefore, the Court lacked subject-matter jurisdiction to convict the appellant and the animal cruelty conviction regarding the three counts for the rabbits was vacated. The second error appellant raised was that his conviction for cruelty to companion animals for the two Australian cattle dogs was not supported by sufficient evidence. The Court overruled appellant's second error because it found that the state had presented sufficient evidence to show that the appellant negligently failed to provide adequate food and water for the Australian cattle dogs. The third error the appellant raised was that the Court erred by ordering him to pay $831 in restitution. The Court also overruled appellant's third error since the appellant stipulated to paying the restitution. The judgment of the trial court was affirmed in all other respects.
State v. Sego


Fifteen horses were seized by the Society for the Prevention of Cruelty to Animals (SPCA) because the animals were in poor condition. The SPCA sent bills to the owners for feeding, upkeep, and veterinary care, but the owners did not pay the bills. After 30 days of nonpayment, the SPCA became the owners of the horses, and the prior owners were not entitled to get the horses back.
Stray from Heart, Inc. v. Department of Health and Mental Hygiene of City of New York


Petitioner, an animal rescue organization, filed suit seeking the enforcement of the Animal Shelters and Sterilization Act. The court held that the act does not provide for a private right of action for money damages. Instead, the legislative history reveals the law was designed to benefit the general public in New York City as well as stray cats and dogs. The court affirmed the lower court's decision with costs.
Swartz v. Heartland Equine Rescue The Plaintiff, Jamie and Sandra Swartz, acquired several horses, goats, and a donkey to keep on their farm in Indiana. In April of 2013, the county’s animal control officer, Randy Lee, called a veterinarian to help evaluate a thin horse that had been observed on the Swartzes’ property. Lee and the veterinarian visited the Swartzes’ on multiple occasions. The veterinarian became worried on its final visit that the Swartzes’ were not properly caring for the animals. Lee used the veterinarian’s Animal Case Welfare Reports to support a finding of probable cause to seize the animals. Subsequently, the Superior Court of Indiana entered an order to seize the animals. On June 20, 2014, the state of Indiana filed three counts of animal cruelty charges against the Swartzes. However, the state deferred prosecuting the Swartzes due to a pretrial diversion agreement. The Swartzes filed this federal lawsuit alleging that the defendants acted in concert to cause their livestock to be seized without probable cause and distributed the animals to a sanctuary and equine rescue based on false information contrary to the 4th and 14th amendments. The district court dismissed the Swartzes' claims to which, they appealed. The Court of Appeals focused on whether the district court had subject-matter jurisdiction over the Swartzes’ claims. The Court applied the Rooker-Feldman doctrine which prevents lower federal courts from exercising jurisdiction over cases brought by those who lose in state court challenging state court judgments. Due to the fact that the Swartzes’ alleged injury was directly caused by the state court’s orders, Rooker-Feldman barred federal review. The Swartzes also must have had a reasonable opportunity to litigate their claims in state court for the bar to apply. The Court, after reviewing the record, showed that the Swartzes had multiple opportunities to litigate whether the animals should have been seized, thus Rooker-Feldman applied. The case should have been dismissed for lack of jurisdiction under the Rooker-Feldman doctrine at the outset. The Court vacated the judgment of the district court and remanded with instructions to dismiss the case for lack of subject-matter jurisdiction.
Table of Humane Society Enforcement Powers


This table outlines the powers granted to agents of humane societies in some states to enforce anti-cruelty statutes. Such powers include serving search warrants, seizing animals, and arresting offenders. Some states require that humane officers complete training and instruction related to investigating animal cruelty.
THE PET THEFT ACT: CONGRESSIONAL INTENT PLOWED UNDER BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
Theis v. Yuba County Sheriff's Department The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint.
TN - Dog - Consolidated Dog Laws These Tennessee statutes comprise the state's dog laws. Among the provisions include licensing requirements for companion animal dealers, laws concerning damage done by dogs, and the Tennessee Spay/Neuter Law.

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