Justia Animal / Dog Law Opinion Summaries

Five elderly African elephants, Missy, Kimba, Lucky, LouLou, and Jambo, reside at the Cheyenne Mountain Zoo. The Nonhuman Rights Project, Inc. (NRP) filed a Verified Petition for Writ of Habeas Corpus on behalf of the elephants, seeking their transfer to a suitable elephant sanctuary. NRP argued that the elephants were unlawfully confined and had a right to bodily liberty due to their cognitive and social complexities. The petition included affidavits from animal biologists supporting the elephants' autonomy and complex needs.The El Paso County District Court dismissed the petition, ruling that Colorado's habeas corpus statute only applies to persons, not nonhuman animals. The court accepted NRP's allegations as true but concluded that the elephants lacked standing to seek habeas relief. The court also determined that NRP did not have proper next friend status to bring the petition on the elephants' behalf. Additionally, the court found that NRP failed to make a prima facie case that the elephants were unlawfully confined, as the zoo was operating within legal standards.The Supreme Court of Colorado reviewed the case and affirmed the district court's decision. The court held that the habeas corpus statute in Colorado applies only to persons, defined as human beings, and does not extend to nonhuman animals. The court rejected NRP's argument to rely on common law for broader habeas corpus rights, emphasizing that the statute explicitly limits relief to persons. The court also noted that recognizing nonhuman animals as persons would have significant legal and societal implications. Consequently, the elephants did not have standing to bring a habeas corpus claim, and the district court's dismissal was upheld. View "Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Soc'y" on Justia Law

While walking past respondent Alexander Trujillo’s home on his way to the playground, petitioner N.M. became frightened when Trujillo’s two pit bulls rushed at the front-yard fence. Although the dogs did not get out of the yard or touch N.M., N.M. ran across the street and was struck by a passing van, which seriously injured him. N.M., by and through his parent and legal guardian, sued Trujillo for, as pertinent here, negligence. Trujillo moved to dismiss that claim, contending that N.M. had not sufficiently pleaded the requisite element of duty. The district court agreed and dismissed the case, and in a split, published decision, a division of the court of appeals affirmed. The Colorado Supreme Court granted certiorari, and found given the circumstances presented here, concluded Trujillo did not owe N.M. a duty of care. Because N.M.’s claim against Trujillo was predicated on Trujillo’s alleged nonfeasance, or failure to act, and because this case was distinguishable from cases in which a dangerous or vicious animal attacks and directly injures someone, N.M. was required to plead a special relationship between himself and Trujillo in order to establish the duty of care necessary to support a negligence claim. View "N.M. v. Trujillo" on Justia Law