Anti-Cruelty

U.S. v. Stevens

Summary: Note that certiorari was granted in 2009 by --- S.Ct. ----, 2009 WL 1034613 (U.S. Apr 20, 2009). In this case, the Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant in this case was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation.  Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority was unwilling to extend the rationale of Ferber outside of child pornography without direction from the Supreme Court.  The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest.

Note that certiorari was granted in 2009 by --- S.Ct. ----, 2009 WL 1034613 (U.S. Apr 20, 2009). In this case, the Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant in this case was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation.  Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority was unwilling to extend the rationale of Ferber outside of child pornography without direction from the Supreme Court.  The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest.

Scott v. Jackson County

Summary:

On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action.

On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action.

McClendon v. Story County Sheriff's Office

Summary:

A farmer was neglecting her horses and the entire herd confiscated by animal control officers.  The farmer brought a section 1983 claim against the animal control officers for acting outside of the scope of their warrant by removing more than just the sick horses.  The Court of Appeals affirmed the trial court in part, holding the animal control officers were entitled to qualified immunity and seizure of all the horses was not unreasonable or outside the scope of the warrant. 

A farmer was neglecting her horses and the entire herd confiscated by animal control officers.  The farmer brought a section 1983 claim against the animal control officers for acting outside of the scope of their warrant by removing more than just the sick horses.  The Court of Appeals affirmed the trial court in part, holding the animal control officers were entitled to qualified immunity and seizure of all the horses was not unreasonable or outside the scope of the warrant. 

Mostek v. Genesee County Animal Control

Summary:

Defendant officer removed a gravely-ill cat that needed veterinary care from Plaintiff's backyard. Plaintiff sued alleging Fourth Amendment claims pursuant to 42 U.S.C. § 1983. Plaintiff disclaimed ownership of the cat, thus her property rights were not violated by the seizure. Officer was shielded by the doctrine of qualified immunity, because animal control officers may enter property and remove animals that appear to be in danger.

Defendant officer removed a gravely-ill cat that needed veterinary care from Plaintiff's backyard. Plaintiff sued alleging Fourth Amendment claims pursuant to 42 U.S.C. § 1983. Plaintiff disclaimed ownership of the cat, thus her property rights were not violated by the seizure. Officer was shielded by the doctrine of qualified immunity, because animal control officers may enter property and remove animals that appear to be in danger.

Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals

Summary:

After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.

After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.

Fabrikant v. French

Summary:

After multiple negative reports came in about the living conditions of her animals, an animal rescue organization seized many of the plaintiff-appellant's dogs; she was then charged with five counts of animal cruelty, but was later acquitted at a state trial. Subsequently, the plaintiff-appellant and her state trial attorney filed a federal civil rights suit against the animal organization and others.  After losing at the district level, on the first appeal, and on remand from the first appeal, the plaintiff-appellant appealed the case for a second time. On this appeal, the Second Circuit held that though the animal organization was a state actor, it had qualified immunity, which protected it from the plaintiff-appellant’s charges. Additionally, the court held that investigator’s had probable cause to seize the dogs, which also defeated the plaintiff-appellant’s charges. The lower court’s decision was therefore affirmed, but for different reasons.

After multiple negative reports came in about the living conditions of her animals, an animal rescue organization seized many of the plaintiff-appellant's dogs; she was then charged with five counts of animal cruelty, but was later acquitted at a state trial. Subsequently, the plaintiff-appellant and her state trial attorney filed a federal civil rights suit against the animal organization and others.  After losing at the district level, on the first appeal, and on remand from the first appeal, the plaintiff-appellant appealed the case for a second time. On this appeal, the Second Circuit held that though the animal organization was a state actor, it had qualified immunity, which protected it from the plaintiff-appellant’s charges. Additionally, the court held that investigator’s had probable cause to seize the dogs, which also defeated the plaintiff-appellant’s charges. The lower court’s decision was therefore affirmed, but for different reasons.

Dunham v. Kootenai County

Summary:

This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.

This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.

Rossi v. Mohawk and Hudson River Humane Soc.

Summary:

Petitioner-Debtor challenged the Bankruptcy Court’s denial of Petitioner’s application for a Temporary Restraining Order and for a stay pending appeal after the Mohawk and Hudson River Humane Society seized 23 cats from Petitioner’s prior home for failure to provide proper sustenance/cruelty to animals and subsequently obtained a bond against Petitioner for the cost of providing animal care.   The United States District Court, N.D. New York denied Petitioner’s motion for leave to appeal requesting relief identical to that which was denied by the Bankruptcy Court, finding that the exhibits submitted show that Petitioner was currently charged with four misdemeanors, and that the commencement of the criminal charges against Petitioner and the posting of security pending the disposition of such criminal charges fall within the exception to the automatic stay under federal law.  

Petitioner-Debtor challenged the Bankruptcy Court’s denial of Petitioner’s application for a Temporary Restraining Order and for a stay pending appeal after the Mohawk and Hudson River Humane Society seized 23 cats from Petitioner’s prior home for failure to provide proper sustenance/cruelty to animals and subsequently obtained a bond against Petitioner for the cost of providing animal care.   The United States District Court, N.D. New York denied Petitioner’s motion for leave to appeal requesting relief identical to that which was denied by the Bankruptcy Court, finding that the exhibits submitted show that Petitioner was currently charged with four misdemeanors, and that the commencement of the criminal charges against Petitioner and the posting of security pending the disposition of such criminal charges fall within the exception to the automatic stay under federal law.  

Reams v. Irvin

Summary:

On Plaintiff’s civil rights § 1983 action against Defendant, the Commissioner of the Georgia Department of Agriculture, based on the impoundment of forty-six horses and three donkeys from Plaintiff’s property following an investigation into potential violations of the Georgia Humane Care for Equines Act (the “Act”), Plaintiff appealed the District Court’s decision to grant Defendant’s motion for summary judgment, arguing that Defendant is not entitled to qualified immunity because Defendant failed to provide Plaintiff with an opportunity to be heard prior to the seizure of her equines, adequate notice of Plaintiff’s right to and procedure for requesting a hearing, and adequate post-deprivation process. The United States Court of Appeals, Eleventh Circuit affirmed the lower court’s decision, finding that the risk of erroneous deprivation in this case was minimal in light of the State’s compliance with the standards and procedures for inspection and impoundment prescribed by the Act, that the statutory notice of the right to contest the impoundment was reasonably calculated to provide Plaintiff with notice of her right to a hearing, and that the Act provided adequate power to review and to remedy violations of due process.

On Plaintiff’s civil rights § 1983 action against Defendant, the Commissioner of the Georgia Department of Agriculture, based on the impoundment of forty-six horses and three donkeys from Plaintiff’s property following an investigation into potential violations of the Georgia Humane Care for Equines Act (the “Act”), Plaintiff appealed the District Court’s decision to grant Defendant’s motion for summary judgment, arguing that Defendant is not entitled to qualified immunity because Defendant failed to provide Plaintiff with an opportunity to be heard prior to the seizure of her equines, adequate notice of Plaintiff’s right to and procedure for requesting a hearing, and adequate post-deprivation process. The United States Court of Appeals, Eleventh Circuit affirmed the lower court’s decision, finding that the risk of erroneous deprivation in this case was minimal in light of the State’s compliance with the standards and procedures for inspection and impoundment prescribed by the Act, that the statutory notice of the right to contest the impoundment was reasonably calculated to provide Plaintiff with notice of her right to a hearing, and that the Act provided adequate power to review and to remedy violations of due process.

Allen v. Pennsylvania Society For The Prevention of Cruelty To Animals

Summary:

This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals."  The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.

This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals."  The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.