United States

Summary: This law, enacted in 2020, authorizes the Department of Fish and Wildlife to destroy or euthanize a feral swine in accordance with the requirements of 10 V.S.A. § 4709(f).

Summary: Defendant Juan Zamora was found guilty of failing to provide humane care and treatment for, and abusing, his 10 dogs in violation of the Humane Care for Animals Act. On appeal, defendant argues the evidence was insufficient to sustain his convictions because the it generally showed that he treated his dogs well and they had not sustained physical or psychological injuries. Additionally, he argues that section 3(a)(4) of the act, which criminalizes the failure to provide “humane care and treatment,” is unconstitutionally vague. The conviction stems from defendant's conduct with his 10 pit bull type dogs. When the investigating officer executed a search warrant on defendant's residence, they found the ten dogs heavily chained in the basement standing on newspaper completely saturated with feces and urine, along with breeding harnesses and training treadmills indicative of dog fighting. In challenging the sufficiency of the evidence, defendant suggests the evidence showed he was a "considerate dog owner with healthy dogs." However, the court was unconvinced, finding the slates of the metal and wooden makeshift cages were not appropriate for indoor or outdoor housing. Further, the accumulation of dog waste also supported the officer's testimony and the presence of dog fighting supplies supported a conclusion that "defendant's treatment of the dogs reflected something other than mere companionship." As to the vagueness challenge, the court found that defendant did not demonstrate that section 3(a)(4) fails to sufficiently enable a person of ordinary intelligence to understand what conduct the statute criminalizes or that it fails to provide police officers and the courts explicit standards. In fact, the court found that "defendant did not demonstrate compassion, sympathy or consideration for the dogs when he failed to provide an adequate habitat or ensure that bodily waste did not accumulate" and that this conduct fell squarely in the conduct addressed by the law. Thus, the court affirmed the lower court's judgment and rejected defendant's claims on appeal.

Summary: This North Carolina laws states that innkeepers may permit pets in rooms used for sleeping purposes and in adjoining rooms. Persons bringing pets into a room in which they are not permitted are in violation of this section and punishable according to subsection (d). All sleeping rooms in which the innkeeper permits pets must contain a sign posted in a prominent place in the room stating that pets are permitted in the room.

Summary: In 2020, South Dakota enacted provisions for the use of "certified therapeutic dogs" for certain witnesses (children or those with developmental disabilities as defined in the law) in criminal proceedings. A certified therapeutic dog is defined as a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Before using the dog, the party desiring to utilize the presence of a certified therapeutic dog must file a motion containing listed information outside the presence of the jury. A handler may accompany the dog and sit behind or next to the witness stand.

Summary: This Michigan case centers on the adequacy of the evidence supporting a request for an assistance animal. Antony Fabode lived in a mobile home on property that was leased to his sister by Riverbrook. In the spring of 2018, Antony obtained a puppy, King, which he claims is a Labrador Retriever mix, but was suspected by Riverbrook as being a banned pit bull type dog. Riverbrook consequently notified Antony's sister of the violation and ordered the dog removed from the premises. To that order, Antony first responded to Riverbrook with a certificate claiming that King was an emotional support animal (ESA) and, after that was rejected as insufficient, came back with a letter by limited license professional counselor, Anne Venet. After again denying the request, Riverbrook sought to enforce the consent judgment with an order of eviction. The district court granted the motion and ordered Antony's removal. Antony sought a stay of eviction on the grounds that he and his sister were authorized to possess King as an ESA. At the district court hearing, Venet testified in support of her letter explaining that she determined Antonuy's need for an ESA after a brief phone call. The court then declined to permit questioning by Riverbrook into the credibility of the determination that Antony was disabled and needed King as a therapeutic aid. Ultimately, the district court denied the writ for eviction. The circuit court affirmed that ruling based on the FHA and the caselaw that supports an unobtrusive line of questioning. The crux of this appeals centers on whether the lower court's order denying Riverbrook's writ of eviction was erroneous after the court disallowed Riverbrook's attorney from questioning the reliability of the evidence of disability and need for an assistance animal. The Michigan Court of Appeals found that "the district and circuit courts avoided their gatekeeper role under MRE 702 despite Riverbrook's repeated objections to the reliability and admissibility of the Fabodes’ evidence." This hampered Riverbrook's ability to discover whether the information presented was reliable and supported Antony's disability-related request and whether Riverbrook refused to make a reasonable accommodation for a tenant based on disability or handicap. The circuit court order was vacated the matter was remanded for further proceedings consistent with this opinion.

Summary: In this case, Plaintiff Gary Miller sued Nye County and one of its deputies under 42 U.S.C. § 1983 and various Nevada state laws for the fatal shooting of his dog, Blu. Blu was shot four times at the plaintiff's residence after officers responded when Mr. Miller accidentally set off a silent alarm at his own residence. The County and deputy moved to dismiss three of the plaintiff's claims and his request for punitive damages against the County. The court granted the motion to dismiss those claims because it found that the County is statutorily immune from Plaintiff's negligent-training claim and because he lacks the necessary relationship with Blu to establish a claim for negligent infliction of emotional distress. With regard to the punitive damages claim in a § 1983 action, the court granted the County's motion to dismiss that request for relief. Finally, the court granted the County's motion to dismiss Miller's § 1983 claim against it because the plaintiff failed to plead sufficient facts to state a plausible claim for relief under a theory of single-incident liability. However, the court granted leave to amend this claim if the plaintiff can plausibly allege that the County has engaged in a pattern of similar conduct, or that the scenario in this case is likely to recur and that an officer who is ill-equipped to handle the scenario will likely commit a constitutional violation.

Summary: This West Virginia law enacted in 2020 provides that a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may use leashed dogs to track and locate the mortally wounded deer or bear. The hunter is also permitted to use a dog handler of leashed dogs to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dogs at all times.

Summary: This detailed discussion examines the history and philosophy of the USDA's "Wildlife Services." This agency has a mission "to provide Federal leadership in managing conflicts with wildlife.” However, animal advocates have criticized the lack of science backing up the antiquated approach in managing wildlife and human economic conflicts. This paper explores the legal authorities and internal philosophies that guide WS’ activities; how WS selects and implements a variety of nonlethal and lethal methods for controlling wildlife; and contemporary challenges to WS’ practices.

Summary: This summary describes the role and function of Wildlife Services within the USDA. It describes management practices, both lethal and non-lethal as well as the concerns that have been raised with respect to WS methods.