Shooting of dog

Crisman v. Hallows

Summary:

Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact.

Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact.

Tilbury v. State

Summary:

Cruelty conviction of defendant who shot and killed two domesticated dogs. Defendant knew dogs were domesticated because they lived nearby, had demeanor of pets, both wore collars, and had been previously seen by defendant.

Cruelty conviction of defendant who shot and killed two domesticated dogs. Defendant knew dogs were domesticated because they lived nearby, had demeanor of pets, both wore collars, and had been previously seen by defendant.

City of Garland v. White

Summary:

Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.

Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.

Com. v. Hackenberger

Summary:

Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against persons. The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.

Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against persons. The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.

Commonwealth v. Kneller

Summary:

Kneller appealed from a conviction of criminal conspiracy to commit cruelty to animals after she gave an acquaintance a gun and asked him to shoot a dog. The Court affirmed the conviction, concluding that “The Animal Destruction Method Authorization Law” (ADMA) and the “Dog Law” are not ambiguous. In addition, the deadly weapon enhancement applies to an owner who is convicted of cruelty to animals and used a firearm to kill it.

Kneller appealed from a conviction of criminal conspiracy to commit cruelty to animals after she gave an acquaintance a gun and asked him to shoot a dog. The Court affirmed the conviction, concluding that “The Animal Destruction Method Authorization Law” (ADMA) and the “Dog Law” are not ambiguous. In addition, the deadly weapon enhancement applies to an owner who is convicted of cruelty to animals and used a firearm to kill it.

Com. v. Kneller

Summary:

The Supreme Court of Pennsylvania took up this appeal involving the defendant's criminal conspiracy to commit cruelty to animals after the defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit the defendant’s child. The Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court (--- A.2d ----, 2009 WL 215322) in accordance with the dissenting opinion of the Superior Court's order. The Court further observed that the facts revealed no immediate need to kill the dog and that there was "unquestionably malicious beating of the dog" prior to it being shot.

The Supreme Court of Pennsylvania took up this appeal involving the defendant's criminal conspiracy to commit cruelty to animals after the defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit the defendant’s child. The Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court (--- A.2d ----, 2009 WL 215322) in accordance with the dissenting opinion of the Superior Court's order. The Court further observed that the facts revealed no immediate need to kill the dog and that there was "unquestionably malicious beating of the dog" prior to it being shot.

Com. v. Kneller

Summary: Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child.   The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity.   Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)).

Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child.   The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity.   Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)).

Banasczek v. Kowalski

Summary:

Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff's dogs. The court held the following: “[T]he claim for emotional distress arising out of the malicious destruction of a pet should not be confused with a claim for the sentimental value of a pet, the latter claim being unrecognized in most jurisdictions.   Secondly we do not think, as defendant argues, that the owner of the maliciously destroyed pet must have witnessed the death of his or her pet in order to make a claim for emotional distress.” Pennsylvania has summarily rejected a claim for loss of companionship for the death of a dog.  

Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff's dogs. The court held the following: “[T]he claim for emotional distress arising out of the malicious destruction of a pet should not be confused with a claim for the sentimental value of a pet, the latter claim being unrecognized in most jurisdictions.   Secondly we do not think, as defendant argues, that the owner of the maliciously destroyed pet must have witnessed the death of his or her pet in order to make a claim for emotional distress.” Pennsylvania has summarily rejected a claim for loss of companionship for the death of a dog.  

GREEN v. LECKINGTON

Summary:

In this Oregon case, defendant appeals a judgment of $700 in damages obtained against him after he shot plaintiff’s dog. The dog had gone onto to defendant’s property and was chasing his chickens. On appeal, the Supreme Court found that because it was a general verdict, there was no way to determine a basis for the jury’s verdict; specifically, whether erroneous instructions on exemplary damages and the proper measure of damages influenced the verdict. Because the Court had the whole record before it (and in the interest of “harmony between neighbors”), the Court fixed the damages at the true market value of the dog ($250).

In this Oregon case, defendant appeals a judgment of $700 in damages obtained against him after he shot plaintiff’s dog. The dog had gone onto to defendant’s property and was chasing his chickens. On appeal, the Supreme Court found that because it was a general verdict, there was no way to determine a basis for the jury’s verdict; specifically, whether erroneous instructions on exemplary damages and the proper measure of damages influenced the verdict. Because the Court had the whole record before it (and in the interest of “harmony between neighbors”), the Court fixed the damages at the true market value of the dog ($250).

McBride v. Orr

Summary:

In this New Hampshire case, defendant animal control officer killed plaintiff’s dog believing that it was in pursuit of a deer. Defendant claimed immunity pursuant to a state statute. The Court reversed and remanded for a determination of damages for the plaintiff. The Court went on to state that the purpose of the statute was not to authorize defendant’s killing of plaintiff’s dog when the dog was no longer pursuing the deer.

In this New Hampshire case, defendant animal control officer killed plaintiff’s dog believing that it was in pursuit of a deer. Defendant claimed immunity pursuant to a state statute. The Court reversed and remanded for a determination of damages for the plaintiff. The Court went on to state that the purpose of the statute was not to authorize defendant’s killing of plaintiff’s dog when the dog was no longer pursuing the deer.