Louisiana

Summary: In this Louisiana Supreme Court writ disposition, the plaintiff sought to hold the Bienville Parish Police Jury (BPPJ) liable for injuries caused by dogs running at large within the incorporated Town of Ringgold. The court held that under La. R.S. 3:2731, parishes have only permissive authority to regulate dogs, not a mandatory duty, and under La. R.S. 3:2773(B), the BPPJ—not being a listed law enforcement agency—has no duty to seize dogs inside municipal limits. Additionally, the court found that La. R.S. 3:2774’s requirement for parishes to provide suitable shelters did not, standing alone, state a cause of action for failure to seize the dogs prior to the incident, as that issue is better resolved by summary judgment. Accordingly, the court granted the writ in part, reversed the court of appeal, and reinstated the trial court’s partial granting of the peremptory exception of no cause of action in favor of the BPPJ.

Summary: This Louisiana law gives immunity to licensed veterinarians and veterinary technicians who report suspected animal cruelty. Any veterinarian licensed by the state or veterinary technician licensed by the state who reports in good faith and has reasonable belief that an animal has been the subject of a violation of R.S. 14:102.1, 102.5, 102.8, 102.19, 102.20, 102.23, or 102.26 shall be immune from civil liability or criminal prosecution if he reports such violation to the commissioner or designee of the Department of Agriculture and Forestry, a P.O.S.T. certified animal control officer, a law enforcement agency, or a prosecuting attorney or if he participates in any investigation or proceeding for acts prohibited by law.

Summary: This case involves a dispute under the Louisiana Public Records Act, La. R.S. 44:1 et seq., concerning public records requests made by People for the Ethical Treatment of Animals (PETA) to Louisiana State University (LSU) for documents related to ongoing research involving wild songbirds conducted by Dr. Christine Lattin. PETA sought various records, including veterinary care records, video recordings of experiments, and communications related to the amendment of a local bird ordinance. LSU initially withheld the records, arguing that some were exempt under federal law or protected as patentable or licensable research under La. R.S. 44:4(16)(b). The district court ruled in favor of PETA, ordering the production of most requested records, but the court of appeal partially reversed, finding that some video recordings were exempt under La. R.S. 44:4(16)(b) as they pertained to ongoing research. The Louisiana Supreme Court affirmed the appellate court’s decision, holding that LSU failed to meet its burden of proving the records were properly withheld, emphasizing the broad public right to access under the Louisiana Constitution and Public Records Law. The Court rejected LSU’s arguments that the records were exempt under federal law or as ongoing research, except for unpublished video recordings, which remained protected. The decision underscores the principle that access to public records can only be denied when a law specifically and unequivocally provides otherwise.

Summary: Plaintiff-appellee, People for the Ethical Treatment of Animals (PETA), began this case by issuing eight public records requests to defendant-appellant Louisiana State University (LSU). PETA made these records seeking veterinary care and disposition records for birds used in LSU’s laboratories. For the first seven of these requests, LSU did not produce the records, so PETA filed a petition for a writ of mandamus, declaratory judgment, and injunctive relief pursuant to the Public Records Law. LSU denied PETA’s allegations and did not produce the records, so PETA made an eighth records request, which LSU responded to with an assertion that the requested records were exempt from disclosure. After a hearing, the trial court issued an oral ruling in favor of PETA and granted some of the records that PETA requested. LSU appealed. On appeal, the court considered whether the records sought by PETA were covered under the Public Records Law. The court first found that LSU qualifies as a research facility under the Animal Welfare Act, and needs to comply with federal law and maintain and produce records relating to research animals, so long as the records being sought would not be unduly burdensome to produce. The court held that the portions of the judgment ordering LSU to produce veterinary daily observation reports, veterinary daily health check records, and other veterinary records were affirmed. However, some of the information sought, including private communications between LSU employees, trapping records, and some videographic records, were considered unduly burdensome to compel LSU to produce. The court also amended a portion of one of the requests to make it more specific and narrow the documentation that LSU would need to produce. Accordingly, the court affirmed in part, reversed in part, amended in part, and reversed in part.

Summary: This case concerns whether a veterinarian committed malpractice during the performance of a minor surgical procedure on a racing horse that led to the death of that horse. The owners of that racing horse filed suit against the veterinarian, veterinary clinic, and insurer of the clinic, seeking damages for the death of the racing horse. The trial court held in favor of the defendants, and this appeal followed. On appeal, the court found no error in the trial court's reasoning when issuing the judgment in favor of defendants, and affirmed the judgment of the lower court.

Summary: This Louisiana set of laws, enacted in 2022, makes it unlawful for a manufacturer to sell or offer for sale in this state a cosmetic that utilized cosmetic animal testing during the development or manufacture of the cosmetic, if the cosmetic animal testing was conducted by the manufacturer, any supplier of the manufacturer, or any person or business hired or contracted by the manufacturer. Limited exemptions exist. A manufacturer that sells or offers for sale a cosmetic in violation commits a civil violation punishable by a fine of not more than $1,000 for the first day of each violation and an additional fine of $500 for each day that each violation continues.

Summary: This Louisiana law states that any state or local law enforcement officer, or any employee of government or of a government contractor who in his professional capacity routinely investigates alleged abuse or neglect or sexual abuse of a child, or abuse or neglect of an adult, who becomes aware of evidence of neglect or abuse of an animal shall report such incident to the law enforcement authority of the governing authority in which the incident has occurred or the local animal welfare authority.

Summary: The Estis' sued the Mills for the wrongful killing and disposal of the Appellants’ German Shepherd. On appeal, the Appellants argue that the district court erred in permitting the Appellees to amend their original answer to now include an affirmative defense of immunity pursuant to La. R.S. 3:2654, which would relieve the Appellees of liability. Further, the Appellants contend that the district court erred in granting the Appellees’ motion for summary judgment, asserting that there remain genuine issues of material fact, and notwithstanding liability for the death of the dog, the court erred in dismissing the Appellees’ claim for conversion. The parties were neighbors whose property was separated by an enclosed pasture where the Mills used to keep horses. Despite requests from Mills, the Estis' dogs would enter the pasture and harass the horses. In 2017, Mills discovered the dog yet again in the pasture with the horses, so Mr. Mills shot, killed, and disposed of the dog. Subsequently, the Estis family filed suit seeking damages for the intentional killing of the dog and disposing of the dog in a bayou approximately ten miles away. The lower court granted a motion in favor of the Mills agreeing that they had immunity from suit under La. R.S. 3:2654.1. On appeal to this court, the Estises argue that the Mills waived the immunity under the statute because they failed to affirmatively plead the defense in their answer to the pleadings. This court found that immunity had not been affirmative pled as required by statute. Consequently, the Mills received permission to amend their answer and plead the immunity provision. Following granting of the Mills' second motion for summary judgment based on the immunity statute, the Estises appeal that decision. As to Estis' argument that leave to amend the answer was erroneously granted, this court first noted that determination whether to allow pleadings to be amended is discretionary and will not be reversed absent an abuse of discretion. The court found no evidence that there was bad faith in the decision to the amend the pleadings like delay. Further, there was no demonstration of prejudice from the granting of an amended answer. As to Estis' claim that summary judgment was erroneously granted, the court discussed a photograph that was submitted in evidence support showing a horse grazing with its back presented "indifferently" to the dog. The Mills countered with the evidence of an independent eyewitness to the incident who asserted that the dog harassed the horses. The court noted that issues of the credibility of evidence have no place in a summary judgment appeal. As a result, this court found that the lower court judge's statements that, in effect, weighed the credibility of the photograph versus the testimony of the witness were inappropriate. Thus, the lower court erred in granting the motion for summary judgment. Finally, the court evaluated Estis' conversion claims for the disposal of the dog's dead body. This court said that, [i]f the court finds that the killing of the dog falls under La. R.S. 3:2654, then the claim for conversion of the dog's body does not survive. However, if there were personal items on the dog at the time of the killing, such as a tracking collar or items of other value, then a conversion claim can be made for those items. If the court determines that the immunity statute does not apply, then the claim for conversion and any other applicable damages may apply." Thus, the trial court's judgment to allow the motion to amend the pleadings was affirmed, the granting of the summary judgment was reversed, and the dismissal of Estis' claims for conversion was reversed and remanded for further proceedings.

Summary: This Louisiana regulation states that no person shall own, keep or have in his custody a dog, cat, or ferret over 3 months of age that has not been vaccinated against rabies by a licensed veterinarian

Summary: This Louisiana law provides that certain species of constrictor snakes in excess of eight feet long and venomous snakes shall only be allowed by permit issued by the Department of Wildlife and Fisheries except for animals kept by animal sanctuaries, zoos, aquariums, wildlife research centers, scientific organizations, and medical research facilities as defined in the Animal Welfare Act. Violation of the provisions of this Section or rules adopted pursuant thereto shall constitute a class three violation.