Justia Animal / Dog Law Opinion Summaries

Marc A. Lesperance was found with his dog off-leash in Baxter Woods, Portland, despite a city ordinance requiring dogs to be leashed from April 1 to July 31. A park ranger informed Lesperance of the rule, but Lesperance refused to comply. The ranger, after consulting with a colleague, issued a summons and complaint. The District Court (Portland) fined Lesperance $500, noting it was not his first violation of the ordinance.Lesperance appealed, arguing that the park ranger was not authorized to issue the summons and complaint. He also claimed the city ordinance was preempted by state law and unconstitutionally vague. The court found these arguments without merit, stating the ordinance was clear and not preempted by state law.The Maine Supreme Judicial Court reviewed the case. The court considered whether the park ranger, appointed as a constable, needed to meet specific training requirements to enforce the ordinance. The Attorney General, representing the Maine Criminal Justice Academy, suggested that constables might require less rigorous training than law enforcement officers. The court applied the "de facto officer" doctrine, concluding that Lesperance could not challenge the ranger's authority based on potential training deficiencies. The court affirmed the judgment, validating the ranger's actions as those of a de facto officer. View "City of Portland v. Lesperance" on Justia Law

Amy Canney’s minor child, Nicholai, was bitten by a dog kept by Eric Burns, a neighbor who performed on-call maintenance work on properties owned by Strathglass Holdings, Inc. Canney filed a complaint on behalf of Nicholai against Strathglass, claiming that Burns was at all pertinent times the agent, servant or employee of Strathglass and was maintaining the property for the benefit of Strathglass. The superior court granted summary judgment for Strathglass, concluding that Burns was not acting within the scope of his employment at the time of the dog bite. The Supreme Judicial Court affirmed, holding (1) neither Burns’s acts or omissions nor Nicholai’s presence on his premises were related to Burns’s employment or agency with Strathglass, and therefore, summary judgment on Canney’s respondent superior claims was proper; and (2) Canney’s complaint failed to allege a theory of direct liability against Strathglass, and she offered no evidence that would support a direct claim of negligence against Strathglass. View "Canney v. Strathglass Holdings, LLC" on Justia Law