Research Animals

Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty

Summary:

Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity.

Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity.

American Soc. for Cruelty to Animals v. Board of Trustees of State

Summary: In New York, an animal protection organization sought a judgment that would allow the public to attend meetings for a university’s animal use organization.   Such attendance was required under the New York Consolidated Law.   However, because the university meetings did not involve matters affecting the public or public policy, and since the animal protection organization was not considered a “public body,” public attendance was not ordered.  

In New York, an animal protection organization sought a judgment that would allow the public to attend meetings for a university’s animal use organization.   Such attendance was required under the New York Consolidated Law.   However, because the university meetings did not involve matters affecting the public or public policy, and since the animal protection organization was not considered a “public body,” public attendance was not ordered.  

Taub v. State of Maryland

Summary:

Maryland Court of Appeals held that animal-cruelty statute did not apply to researchers because there are certain normal human activities to which the infliction of pain to an animal is purely incidental and unavoidable.

Maryland Court of Appeals held that animal-cruelty statute did not apply to researchers because there are certain normal human activities to which the infliction of pain to an animal is purely incidental and unavoidable.

Marino v. University of Florida

Summary:

The petitioner in this Florida case sought records for 33 non-human primates whose captivity was documented by a USDA report. The University of Florida redacted certain portions of the records to obscure the physical housing location of the primates. The University contends that the information was confidential and exempt under Florida law as part of its "Security Plan." On appeal, this court first noted that under the Florida Public Records Act, all public documents are subject to public disclosure unless specifically legislatively exempted without considering public policy questions. The court reversed and remanded the case with instructions to release the records without redaction.

The petitioner in this Florida case sought records for 33 non-human primates whose captivity was documented by a USDA report. The University of Florida redacted certain portions of the records to obscure the physical housing location of the primates. The University contends that the information was confidential and exempt under Florida law as part of its "Security Plan." On appeal, this court first noted that under the Florida Public Records Act, all public documents are subject to public disclosure unless specifically legislatively exempted without considering public policy questions. The court reversed and remanded the case with instructions to release the records without redaction.

U.S. ex rel. Haight v. Catholic Healthcare West

Summary:

The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants under the False Claims Act.  In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to create a process for implanting gliomas in the brains of beagles. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false. 

The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants under the False Claims Act.  In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to create a process for implanting gliomas in the brains of beagles. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false. 

In Defense of Animals v. National Institutes of Health

Summary:

This FOIA case was brought against the National Institutes of Health ("NIH") by In Defense of Animals (“IDA”) seeking information related to approximately 260 chimpanzees located as the Alamogordo Primate Facility (“APF”) in New Mexico. Before the court now is NIH's Motion for Partial Reconsideration as to the release of records. This Court rejected NIH’s arguments that the records are not “agency records” because they belong to NIH's contractor, Charles River Laboratories, Inc. (“CRL”), a publicly held animal research company. Also, the Court was equally unconvinced that the information requested here is “essentially a blueprint of the APF facility,” and that release of such information presents a security risk to the facility.

This FOIA case was brought against the National Institutes of Health ("NIH") by In Defense of Animals (“IDA”) seeking information related to approximately 260 chimpanzees located as the Alamogordo Primate Facility (“APF”) in New Mexico. Before the court now is NIH's Motion for Partial Reconsideration as to the release of records. This Court rejected NIH’s arguments that the records are not “agency records” because they belong to NIH's contractor, Charles River Laboratories, Inc. (“CRL”), a publicly held animal research company. Also, the Court was equally unconvinced that the information requested here is “essentially a blueprint of the APF facility,” and that release of such information presents a security risk to the facility.

IN RE: CRAIG LESSER AND MARILYN LESSER

Summary:

Respondents, Craig and Marilyn Lesser, were respectively, president and vice-president of LSR Industries, a Wisconsin corporation that was in the business of breeding and selling rabbits to research institutions, and licensed dealers under the Animal Welfare Act. The ALJ issued an Initial Decision and Order assessing civil penalties of $9,250, and suspending Respondents' license for 30 days, after respondents interfered with APHIS inspections of their facilities and failed to maintain their facilities in accordance with the standards involving housing, sanitation, cleaning, ventilation, storage of food and bedding, and lighting. However, the Judicial Officer increased the civil penalties of $9,250 assessed by the ALJ by $500, because of sanitation and waste violations, for which the ALJ assessed no civil penalties. Since Respondents did not raise any issue before the ALJ as to whether warrantless inspections are unreasonable under the Fourth Amendment, they cannot raise the issue on appeal. The Fourth Amendment is not violated by warrantless inspections under this regulatory statute.

Respondents, Craig and Marilyn Lesser, were respectively, president and vice-president of LSR Industries, a Wisconsin corporation that was in the business of breeding and selling rabbits to research institutions, and licensed dealers under the Animal Welfare Act. The ALJ issued an Initial Decision and Order assessing civil penalties of $9,250, and suspending Respondents' license for 30 days, after respondents interfered with APHIS inspections of their facilities and failed to maintain their facilities in accordance with the standards involving housing, sanitation, cleaning, ventilation, storage of food and bedding, and lighting. However, the Judicial Officer increased the civil penalties of $9,250 assessed by the ALJ by $500, because of sanitation and waste violations, for which the ALJ assessed no civil penalties. Since Respondents did not raise any issue before the ALJ as to whether warrantless inspections are unreasonable under the Fourth Amendment, they cannot raise the issue on appeal. The Fourth Amendment is not violated by warrantless inspections under this regulatory statute.

LEE ROACH AND ROACH LABORATORIES, INC.

Summary: Company which produces antiserum for medical diagnostic tests by injecting rabbits and other live animals with antigens and then extracting their blood is research facility within meaning of Act.

Company which produces antiserum for medical diagnostic tests by injecting rabbits and other live animals with antigens and then extracting their blood is research facility within meaning of Act.

Lesser v. Epsy

Summary: Owner had a rabbitry, and the rabbits were sold for scientific research.   Inspection of the rabbitry without a warrant occurred, and Owner claimed that his constitutional rights were violated.   Search without a warrant was appropriate because any deficiencies could have been easily concealed if notice of a search was provided to the Owner.  

Owner had a rabbitry, and the rabbits were sold for scientific research.   Inspection of the rabbitry without a warrant occurred, and Owner claimed that his constitutional rights were violated.   Search without a warrant was appropriate because any deficiencies could have been easily concealed if notice of a search was provided to the Owner.  

Alternative Research & Dev. Found. v. Veneman

Summary:

An animal rights foundation sought to have the definition of “animal” amended, so that birds, mice and rats used for research would not be excluded.   USDA agreed to consider the animal rights foundation petition to have the definition amended, and agreed to do so in reasonable amount of time.   The National Association for Biomedical Research (NABR), a biomedical research group that used birds, mice and rats in its research, attempted to intervene and prevent USDA from considering the petition.   However, NABR was prohibited from doing so because there was no showing that preventing intervention would result in its interests not being violated.

An animal rights foundation sought to have the definition of “animal” amended, so that birds, mice and rats used for research would not be excluded.   USDA agreed to consider the animal rights foundation petition to have the definition amended, and agreed to do so in reasonable amount of time.   The National Association for Biomedical Research (NABR), a biomedical research group that used birds, mice and rats in its research, attempted to intervene and prevent USDA from considering the petition.   However, NABR was prohibited from doing so because there was no showing that preventing intervention would result in its interests not being violated.