United States

Summary: Abstract: Survival of the animal welfare paradigm (as contrasted with a rights-based paradigm creating legal standing for at least some animals) depends on keeping pace with appropriate societal evolution favoring stronger protections for animals. Although evolution of animal welfare protection will take many forms, this Article specifically addresses models for evolving conceptualizations of animals’ property status within the context of animal welfare. For example, in 2015 France amended its Civil Code to change its description of companion animals and some other animals from movable property to “living beings gifted with sensitivity,” while maintaining their status as property. This Article will evaluate various possible approaches courts and legislatures might adopt to highlight the distinctiveness of animals’ property status as compared to inanimate property. Although risks are inherent, finding thoughtful ways to improve or elaborate on some of our courts’ and legislatures’ animals-as-property characterizations may encourage more appropriate protections where needed under the welfare paradigm, and may help blunt arguments that animals are “mere things” under the welfare paradigm. Animals capable of pain or distress are significantly different than ordinary personal property, and more vigorously emphasizing their distinctiveness as a subset of personal property would further both animal welfare and human interests.

Summary: This Nevada statute limits the liability of equine sponsors and professionals, veterinarians, or any other person, for an injury to or death of a participant as a result of an inherent risk of equine activity. The statute also provides the duties that equine activity participants must complete. Finally, the statute provides the exceptions for when a person is not immune from civil liability under the statute and the definition of terms used within the statute.

Summary: This chapter of Michigan laws deals with animals running at large. In Michigan, an owner cannot allow an animal (defined here as cattle, horses, sheep, swine, mules, burros, or goats) to run at large. In addition, a person that is not the owner of the animal cannot willfully and knowingly allow the animal to run at large. Any person who allows an animal to run at large will be guilty of a misdemeanor. Law enforcement is authorized to take possession of any animal that is running at large. Once the animal is in possession of law enforcement, the owner of the animal must be notified or a notice must be placed in the newspaper within 30 days.

Summary: This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect.

Summary: This Michigan statute makes a person liable and guilty of a misdemeanor if any animal on the person's property is exposed to or consumes a known poisonous substance. The statute makes an exception for poisons that are mixed only with vegetables or poisons for the destruction of predatory or dangerous prowling animals.

Summary: This Michigan statute makes it a misdemeanor for an individual to knowingly sell any horse or dog meat unless it is plainly labelled.

Summary: Carl Green III, owned a dog, which was seized by the Mercer County Dog Warden in Ohio because it was running at large and was not wearing a current registration tag. The Animal Protection League of Mercer County (“APL”), purchased the dog from the Mercer County Dog Warden and placed the dog up for adoption. Appellant, Lori Winner adopted the dog. Green then filed a complaint in the Municipal Court, Celina County, asserting claims for replevin and conversion. The municipal court granted replevin and ordered Winner to return the dog to Green. Winner appealed this decision in the instant action arguing that (1) Green's ownership interest was terminated by operation of law; and (2) the trial court erred by failing to find that the Mercer County Dog Warden Was an Indispensable Party to the Litigation. The Court of Appeals agreed with Winner on the first assignment of error, finding that, because replevin is a statutory remedy in Ohio, the trial court's conclusion that the dog should be returned to Green is against the manifest weight of the evidence. The trial court exercised its equitable powers to award possession to Green, and that it was "in the best interest of the dog" to return it to Green. The Court of Appeals found that the statute does not provide for this type of remedy. As to the second error, this Court overruled Winner's claim, finding that there was no claim raised that the Mercer County Dog Warden wrongfully sold the dog to the APL. Thus, the dog warden had no interest in the action and the trial court did not err by failing to join the warden as a party. The judgment was reversed and remanded.

Summary: Plaintiff, Rosemary White brought action against the Defendant, Sacred Heart Roman Catholic Church seeking damages for injuries she sustained when she was bitten by a priests’ dog, at premises owned by the church. White brought the action claiming negligent supervision and retention of the priest who owned dog. The church moved to dismiss, and White moved for summary judgment. The New York Supreme Court, Erie County, granted the church's motion for dismissal, and denied White’s motion. White appealed and the New York Supreme Court, Appellate Division, held that the church was not liable for negligent supervision or retention of the priest. The Appellate Division, reasoned that the Supreme Court, Erie County, properly granted the church’s motion to dismiss White’s complaint for failure to state a cause of action. The Court stated that to the extent White alleged a theory of negligent supervision and retention of the priest in her bill of particulars, the “purpose of the bill of particulars is to amplify the pleadings . . . , and [it] may not be used to supply allegations essential to a cause of action that was not pleaded in the complaint.” Therefore, the order from the Supreme Court was affirmed.

Summary: In 2010, the Castillo Condominium Association learned that Carlo Giménez Bianco (Giménez), a condominium resident, was keeping a dog on the premises and warned him that he would be fined unless he removed the dog. Giménez, who suffered from anxiety and depression, advised the board of directors that he planned to keep his emotional support dog and that he was entitled to do so under federal law. As a result of the conflict, Giménez was forced to vacate and sell his unit and he filed a complaint of disability discrimination with the Department of Housing and Urban Development (HUD). HUD filed a charge of discrimination against the Association under the Fair Housing Act. An administrative law judge (ALJ) concluded that the Association had not violated the Act because Giménez failed to prove by a preponderance of the evidence that he suffered from a mental impairment. The ALJ’s decision was appealed to the Secretary, who found that Gimenez suffered from a cognizable disability. The Court of Appeals, First Circuit, held that substantial evidence supported the Secretary's finding that the Association's refusal to allow Gimenez to keep an emotional support dog in his condominium unit as a reasonable accommodation for his disability violated the Fair Housing Act. The Association’s petition for review was denied and the Secretary’s cross petition was granted.

Summary: Appellant, Officer Zachary Elfreich, went to the home of Appellee Jamie Becker in order to execute an arrest warrant. When Becker did not surrender right away, Officer Elfreich allowed his police dog to find and attack Becker. Upon seeing Becker, Officer Elfreich pulled him down three steps of the home staircase, and placed his knee on Becker’s back while allowing the dog to continue to bite him. Becker sued the city of Evansville and Officer Elfreich under 42 U.S.C. § 1983, alleging that the officer used excessive force in arresting him in violation of his Fourth Amendment rights. The district court denied Officer Elfreich's motion for summary judgment and the officer appealed. The Court of Appeals, Seventh Circuit, held that: first, under the totality of the circumstances, the force used by the officer post-surrender of Becker was not reasonable. Second, a police dog's use of the “bite and hold” technique is not per se deadly force. Third, Becker, was a nonresisting (or at most passively resisting) suspect when Officer Elfreich saw him near the bottom of the staircase and the officer should not have used significant force on him. Based on these factors, the officer was not entitled to qualified immunity and a reasonable jury could find such force was excessive. The lower court decision to deny Officer Elfreich's motion for summary judgment was affirmed.