Nonhuman Rts. Project, Inc. v. Cheyenne Mountain Zoological Soc'y
Summary: This Colorado case involves the appeal of the dismissal of a habeas corpus proceeding. The appeal asked the Colorado Supreme Court to decide whether the liberty interests protected by the "great writ of habeas corpus" extend to nonhuman animals. Petitioner Nonhuman Rights Project, Inc. (“NRP”) contends that the district court erred in dismissing its habeas petition because the five elephants that are the subject of the petition, Missy, Kimba, Lucky, LouLou, and Jambo (“the elephants”), lacked standing to seek relief via the great writ. These elderly elephants live at the Cheyenne Mountain Zoo (“CMZ”) and where NRP asserts they were unlawfully confined. In support of this contention, NRP submitted affidavits from several animal biologists who stated that these intelligent and complex creatures are suffering from psychological disorders and stress from being in captivity. The Zoo countered with a motion to dismiss, arguing the elephants received extraordinary care and that the court lacked subject matter jurisdiction over the claim because the elephants do not have standing to seek habeas relief. After the district court granted the motion to dismiss, this court sought to determine whether habeas corpus relief extends to nonhuman animals. The court first looked at Colorado's statutory grant of authority for habeas relief. In doing so, the court found that the statute grants "any person" the ability to seek habeas relief from illegal confinement or restraint of liberty. While "person" is not defined in the law, the court found other statutory definitions that limit "person" to mean "human being." This definition is bolstered by the plain and ordinary meaning of the word "person." Since Colorado's law explicitly limits habeas corpus relief to "persons," the court was unpersuaded by NRP to expand the writ to animals based on common law interpretations. Further, the court noted that even if the statute did not say "person," it would still not be persuaded to expand the writ because no other jurisdiction has recognized "personhood" for nonhuman species, expansion would have "unintended consequences" for interactions between humans and animals, and there is no evidence the Colorado legislature ever intended to recognize animals as legal persons in the statute. This court affirmed the district court's finding that Colorado's writ of habeas corpus does not apply to nonhuman animals.