Justia Animal / Dog Law Opinion Summaries

Plaintiff, a photojournalist, contended that viewing restrictions at a Bureau of Land Management (BLM) horse roundup violated her First Amendment right to observe government activities. The district court denied plaintiff's motion for a preliminary injunction, concluding that most of the relief sought was moot because the roundup ended in October 2010. Alternatively, the district court concluded that plaintiff was unlikely to succeed on the merits because the restrictions did not violate the First Amendment. The court held that, because the preliminary injunction motion sought unrestricted access to future horse roundups, and not just the one that took place in 2010, the case was was not moot. With regards to plaintiff's First Amendment claim, the district court erred by failing to apply the well-established qualified right of access balancing test set forth in Press-Enterprise Co. v. Superior Court. Accordingly, the court remanded the case to the district court to consider in the first instance whether the public had a First Amendment right of access to horse gathers, and if so, whether the viewing restrictions were narrowly tailored to serve the government's overriding interests. View "Leigh v. Salazar, et al." on Justia Law

Susan Overfield was charged with assault and disturbing the peace after appearing to speak at a City Commission meeting about perceived conflicts of interest between City officials and the Animal Foundation of Great Falls. Overfield subsequently sued the City. Before the City and Overfield settled the case, the district court concluded (1) the Animal Foundation, its trustee, and its attorney (Petitioners), who were non-parties in the underlying case, were in contempt for wrongfully redacting information from documents produced to Overfield, and (2) the Foundation was in contempt for failing to appear at a deposition with subpoenaed documents. After the case was settled, the district court entered an order awarding Overfield attorney fees against the Petitioners based on the contempt orders. The Supreme Court (1) affirmed the contempt orders of the district court, holding that the district court properly considered and decided the contempt issues below without referral to another judge, and the contempt orders were supported by substantial evidence; but (2) vacated the district court's order to arrest the trustee, the court's imposition of sanctions against an attorney who filed a protective order on behalf of the Foundation, and the court's order awarding attorney fees. Remanded. View "Animal Found. of Great Falls v. Dist. Court" on Justia Law

Plaintiffs bred their dogs to each other and advertised 11 puppies for sale. Undercover animal services officers visited on the pretense of interest in the puppies. Without a warrant or consent, officers re-entered the home and took all the dogs, stating that they could confiscate the dogs because plaintiffs did not have a breeder's license and that if more than one dog were unlicensed, they could seize all the animals. Neither adult dog was licensed. Before the dogs were released, the adult dogs were neutered, all had identification microchips inserted, and plaintiffs purchased a breeder's license and paid $1,020.95. Plaintiffs were never provided written notice of alleged ordinance violations. The dogs contracted infections that required expensive veterinary treatment. The district court rejected plaintiffs' state law and constitutional claims. The Sixth Circuit reversed. Plaintiffs were not operating a kennel and were not required to obtain a license for a single litter. The court rejected an argument that the officers violated the Fourth Amendment by using subterfuge, but found that plaintiffs stated a claim with respect to the second, warrantless entry. Characterizing the release of the dogs as having elements of a shakedown, the court found that plaintiffs stated a claim for procedural due process claims. The court rejected substantive due process and equal protection claims. View "O'Neill v. Louisville/Jefferson County Metro Gov't" on Justia Law