Justia Animal / Dog Law Opinion Summaries

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Kirby Vickers filed a grievance letter with Idaho Board of Veterinary Medicine (the Board”) against a veterinarian requesting that they take various disciplinary actions. After an investigation, the Board declined to take any action against the veterinarian. Vickers then filed suit in district court, seeking to compel the Board to hold a hearing. The district court dismissed his suit for lack of subject-matter jurisdiction. On appeal, Vickers argued his letter to the Board initiated a contested action for which he was entitled to judicial review. To this, the Idaho Supreme Court disagreed, finding that a private citizen could not initiate a "contested case" with a grievance letter. Vickers points to the language in caselaw: “[t]he filing of a complaint initiates a contested case,”to argue that any public citizen could file a complaint pursuant to Idaho Rule of Administrative Procedure of the Attorney General (“IDAPA”) 04.11.01.240.02 and begin a contested case. However, the Supreme Court found both the Administrative Procedures Act (APA) and the corresponding IDAPA rules, addressed only agency actions. "Vickers cannot apply these rules to his grievance letter, even if it was referred to as a “complaint” in correspondence from the Board, because it is not an agency action under the APA or IDAPA." The Court affirmed the district court's order dismissed this case for lack of subject-matter jurisdiction. View "Vickers v. Idaho Bd of Veterinary Medicine" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment for defendants in an action alleging that the BLM's geld and release plan for wild horses violated the National Environmental Policy Act (NEPA), the Administrative Procedure Act (APA), and the Wild Free-Roaming Horses and Burros Act. The panel held that the BLM did not act arbitrarily or capriciously when it chose to geld and release some of the male horses that would otherwise be permanently removed. The panel also held that the BLM permissibly determined that the intensity factors, whether considered individually or collectively, did not show that the Gather Plan would have a significant effect on the environment; the BLM considered and addressed the relevant factor that the Gelding Study raised and explained why additional information was not available, which meets NEPA's "hard look" standard; the Wild Free-Roaming Horses and Burros Act does not require the BLM to discuss explicitly all expert opinions submitted during the public-comment period; and by addressing the concerns and factors that the NAS Report raised, the BLM complied with the Wild Free-Roaming Horses and Burros Act's requirement that the BLM "consult" the National Academy of Sciences. View "American Wild Horse Campaign v. Bernhardt" on Justia Law

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In this case brought by a tenant against her landlord and a neighboring tenant alleging breach of the lease's no-pets provision the Supreme Court reversed the judgment of the district court dismissing the case, holding that the landlord's accommodation of an emotional support dog was not reasonable. Plaintiff moved into an apartment building because of its no-pets policy. Afterwards, another tenant requested a reasonable accommodation to have his emotion support animal (ESA), a dog, with him on the apartment premises. The landlord allowed the ESA and tried to accommodate the two tenants, but Plaintiff still suffered from allergic attacks. Plaintiff sued, alleging breach of the lease and interference with the quiet enjoyment of her apartment. The landlord asserted in its defense that its waiver of the no-pets policy was a reasonable accommodation that it was required to grant under the Iowa Civil Rights Act (ICRA). The small claims court concluded that the landlord's accommodations were reasonable. The district court dismissed the case. The Supreme Court reversed and remanded the case, holding (1) the landlord's accommodation of the ESA was not reasonable because Plaintiff had priority in time and the dog's presence posed a direct threat to her health; and (2) Plaintiff was entitled to recover on her claims. View "Cohen v. Clark" on Justia Law

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Susan Franciere appealed a district court judgment granting the City of Mandan’s motion to dismiss for lack of personal jurisdiction due to insufficient service. In 2017, Franciere and her dog were attacked by a dog in Mandan. Days later, she went to the Mandan Police Department, asserted her rights under Article I, section 25 of the North Dakota Constitution, and requested a copy of the police report on the incident under the open records law. Franciere called the police department and was informed the dog was undergoing a 10-day rabies quarantine. Thereafter, Franciere sent a letter to the chief of police requesting the police report. On August 22, 2017, she received a phone call from a police lieutenant who told her she would not receive the report because the case was still active and no information would be released until the case was closed. In September 2017, she contacted the city attorney about the incident. Then in October, Franciere filed this action against the City, alleging violations of the North Dakota Constitution and the open records law. Franciere received a redacted report of the incident from the police department on November 1, 2017. On January 13, 2018, she received an unredacted report from the police department. On November 14, 2018, Franciere filed a motion for summary judgment. The district court declared Franciere’s action moot and dismissed it with prejudice. It declined to rule on Mandan’s motion to dismiss for insufficient service of process and lack of personal jurisdiction. The North Dakota Supreme Court vacated the district court’s judgment and remanded for determination of Mandan’s motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. Upon reconsideration, the district court granted the City's motion to dismiss with prejudice. Franciere argued Mandan waived its personal jurisdiction claims, the district court improperly dismissed the case with prejudice, the district court erred when it denied her motion to compel discovery, and the district court judge was biased against her. The Supreme Court modified the judgment for dismissal without prejudice, and affirmed as modified. View "Franciere v. City of Mandan" on Justia Law

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Plaintiff Andrew Pankey (Andrew) filed a products liability claim against Petco Animal Supplies, Inc., after his son Aidan contracted a rare bacterial infection from a rat purchased at Petco. Aidan later died as a result of complications related to his infection. Andrew alleged, among other things, that Petco was strictly liable for injuries resulting from the sale of the pet rat, which he argued was a product for purposes of strict products liability. The trial court instructed the jury on negligence under ordinary negligence and negligent failure-to-warn theories, as well as three theories of strict products liability: (1) failure to warn, (2) manufacturing defect, and (3) design defect under a risk-benefit test. The jury returned verdicts in favor of Petco. On appeal, Andrew contended the trial court erred by refusing to instruct the jury on an alternative strict liability design defect theory, the "consumer expectations test." He argued there was sufficient evidence from which the jury could have concluded the pet rat purchased from Petco failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The Court of Appeal affirmed, finding a live pet animal sold in its unaltered state was not a product subject to the design defect consumer expectations theory of strict products liability. The Court therefore did not reach a conclusion regarding applicability of the consumer expectations test or the prejudicial effect of its exclusion. View "Pankey v. Petco Animal Supplies, Inc." on Justia Law

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The Supreme Court affirmed the decision of the clean water commission approving Trenton Farms' permit to establish a twin concentrated animal feeding operation (CAFO), holding that House Bill No. 1713 (HB 1713) does not violate the original purpose, single subject, or clear title requirements of the Missouri Constitution and that there was sufficient evidence regarding the CAFO's protection from a 100-year flood. The clean water commission affirmed the department of natural resource's issuance of a permit to Trenton Farms to establish a CAFO. Hickory Neighbors United, Inc. appealed, arguing (1) HB 1713, which amended Mo. Rev. Stat. 644.021.1 to change the criteria for members of the commission, violated Missouri Constitution article III's original purpose requirement and single subject and clear title requirements; and (2) there was insufficient evidence that CAFO's manure containment structures would be protected from inundation or damages in the event of a 100-year flood, a requirement of 10 C.S.R. 20-8.300. The Supreme Court affirmed, holding (1) HB 1713 is constitutionally valid; and (2) there was sufficient evidence that CAFO structures met regulatory requirements. View "In re Trenton Farms RE, LLC Permit No. MOGS10520" on Justia Law

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In late 2015, Michael Charnota was walking his dog “Katie,” who was leashed, in front of his residence in Paulding County, Georgia when a dog later identified as “Tucker” attacked and killed Katie. When Charnota carried Katie into his home, Tucker followed and attacked Charnota, seriously injuring him. Prior to the attack, Tucker had been kept on the premises of S&S Towing & Recovery, Ltd., which is located approximately 1,000 feet from Charnota’s residence and owned by Timothy and Paula Seals. On the day of the attack, Tucker had apparently escaped from the S&S Towing lot and was not on a leash or under the control of a person as required by the Paulding County Code. Charnota filed a complaint for damages against the Sealses, individually, and S&S Towing (collectively “S&S Towing”). Charnota asserted several causes of action, including a claim for liability under OCGA 51-2-7. The Georgia Supreme Court granted an interlocutory appeal in this case, expressing particular concern about whether the second sentence of OCGA 51-2-7, which provided that an animal running at large in violation of a local “leash law” was considered a “vicious” animal, violated procedural due process. On the facts of this case, the Court concluded that it did not, and remanded this case for further proceedings. View "S&S Towing & Recovery, Ltd. v. Charnota" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals holding that the Texas Farm Animal Activity Act (the Act), Tex. Civ. Proc. & Rem. Code 87.001-87.005, does not apply to ranchers and ranch hands, holding that the court of appeals did not err. The Act limits liability for injury to "a participant in a farm animal activity or livestock show" that results from an "inherent risk" of those activities. Raul Zuniga worked full-time for Conway and Marlene Waak to work cattle on a ranch, landscape, and cut hay. Zuniga died after being trampled. Plaintiffs, Zuniga's family, sued the Waaks, on wrongful death and survival claims. The trial court granted summary judgment for the Waaks, concluding that the Act barred Plaintiffs' claims. The court of appeals reversed, concluding that Zuniga was not "a participant in a farm animal activity" for whose injuries and death the Act limits liability. The Supreme Court affirmed, holding that the Act does not cover ranchers and ranch hands and, therefore, did not shield the Waaks from liability for their negligence resulting in Zuniga's death. View "Waak v. Rodriguez" on Justia Law

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Defendants Thomas and Katherine Ferguson appealed their respective convictions for animal cruelty and a judgment for animal forfeiture, both arising from the conditions in which they kept over twenty animals in their care. In September 2017, defendants’ landlord entered their trailer to check the smoke detectors. He found the interior of the residence smelled strongly of urine and ammonia, and he observed more than two dozen animals in “questionable living conditions.” Numerous dogs were crowded into small crates and lacked access to food and water, including a nursing mother and her puppies. Birds were kept in dirty cages and their water was viscous and filled with feces, food, and feathers. Landlord took photographs and a video of some of the animals, including three dogs sharing one travel crate. Landlord, his family, and other contractors continued to do maintenance work on the property for the next month, during which time the animals remained in similar conditions. One of landlord’s contractors eventually contacted the police regarding the animals’ conditions. Defendants challenged their ultimate convictions on the basis that the affidavit prepared by a police officer in support of the search warrant that led to the charges relied on information obtained from a prior illegal search, and therefore the court should have excluded all evidence obtained as a result of the warrant. They challenged the forfeiture order on the ground that the court improperly admitted hearsay statements in the forfeiture hearing. After review, the Vermont Supreme Court affirmed as to the criminal convictions because even if the information from the challenged prior search was stricken, the remaining portions of the affidavit were sufficient to support the search warrant that led to the charges. The Court agreed that the court improperly allowed hearsay evidence in the forfeiture proceeding, and remanded for the court to reconsider its ruling without the objectionable evidence. View "Vermont v. Ferguson" on Justia Law

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Deer breeders Terry Kennedy and Johnny McDonald sought to raise and hunt bigger deer by artificially inseminating whitetail deer with mule-deer semen. Whether they could do so depended on whether the resulting hybrid deer were covered by Alabama's definition of "protected game animals" in section 9-11-30(a), Ala. Code 1975. On a motion for a judgment on the pleadings, the Circuit Court concluded that, because the hybrid deer were the offspring of a female whitetail deer, they were "protected game animals," both by virtue of the inclusion in that definition of "whitetail deer ... and their offspring," and by virtue of an old legal doctrine called partus sequitur ventrem. The trial court therefore entered a judgment in favor of the deer breeders. The Alabama Supreme Court disagreed: because the modifier "and their offspring" in section 9-11-30(a) did not reach back to apply to the term "whitetail deer," and because the Latin maxim cited as an alternative theory for relief had no application in this case, the Supreme Court reversed and remanded. View "Blankenship v. Kennedy" on Justia Law